(a) is operated for the purpose of making profit through the provision of goods, services or goods and services (other than the provision of rental property) to the public; and
(b) is not operated primarily or substantially for the purpose of speculative or passive investment.
regional centre or other regional area has the meaning given by subregulation 1.15M(2).
regional provisional visa means:
(a) a Subclass 491 (Skilled Work Regional (Provisional)) visa; or
(b) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
registered course means a course of education or training provided by an institution, body or person that is registered, under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000, to provide the course to overseas students.
Note: A current list of registered courses appears in the Commonwealth Register of Institutions and Courses for Overseas Students kept under section 14A of the Education Services for Overseas Students Act 2000.
registered provider has the same meaning as in the Aged Care Act 2024.
relative, in relation to a person, means:
(a) in the case of an applicant for a Subclass 200 (Refugee) visa or a protection visa:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a step‑grandparent, step‑grandchild, step‑aunt, step‑uncle, step‑niece or step‑nephew; or
(iii) a first or second cousin; or
(b) in any other case:
(i) a close relative; or
(ii) a grandparent, grandchild, aunt, uncle, niece or nephew, or a step‑grandparent, step‑grandchild, step‑aunt, step‑uncle, step‑niece or step‑nephew.
Note: Close relative is defined in this regulation: see above.
relevant assessing authority means a person or body specified under regulation 2.26B.
religious institution means a body:
(a) the activities of which reflect that it is a body instituted for the promotion of a religious object; and
(b) the beliefs and practices of the members of which constitute a religion due to those members:
(i) believing in a supernatural being, thing or principle; and
(ii) accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and
(c) that meets the requirements of section 50‑50 of the Income Tax Assessment Act 1997; and
(d) the income of which is exempt from income tax under section 50‑1 of that Act.
remaining relative has the meaning set out in regulation 1.15.
Schedule 3 criterion means a criterion set out in a clause of Schedule 3, and a reference to a Schedule 3 criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule.
school‑age dependant, in relation to a person, means a member of the family unit of the person who has turned 5, but has not turned 18.
score, in relation to a language test, means any score or result, however described, from the test, including any combination of scores or results from the test or components of the test.
secondary exchange student means an overseas secondary school student participating in a secondary school student exchange program approved by the State or Territory education authority that administers the program.
secondary sponsored person has the meaning given by subregulation 2.57(1).
Secretary of Social Services means the Secretary of the Department that is administered by the Minister administering section 1061ZZGD of the Social Security Act 1991.
settled, in relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means lawfully resident in Australia for a reasonable period.
skilled occupation has the meaning given by regulation 1.15I.
Skills Assessment Department means the Department administered by the Skills Assessment Minister.
Skills Assessment Minister means the Minister responsible for skills assessment services.
Skills Assessment Secretary means the Secretary of the Skills Assessment Department.
SOFA forces civilian component member means a person who:
(a) is, for the purposes of a Status of Forces Agreement between Australia and France, Japan, Malaysia, New Zealand, Papua New Guinea, the Republic of the Philippines, Singapore, Turkey or the United States of America, a member of the civilian component of the armed forces of one of those countries; and
(b) holds a national passport that is in force and a certificate that he or she is a member of the civilian component of the armed forces of the relevant country.
SOFA forces member means a person who:
(a) is, for the purposes of a Status of Forces Agreement between Australia and France, Japan, Malaysia, New Zealand, Papua New Guinea, the Republic of the Philippines, Singapore, Turkey or the United States of America, a member of the armed forces of one of those countries; and
(b) holds military identity documents and movement orders issued from an official source of the relevant country.
specialist skills income threshold means $135,000.
Note: This amount is indexed under regulation 5.42A.
special processing area has the meaning given by subregulation 5.41C(3).
special program sponsor means a person who:
(a) is an approved work sponsor; and
(b) is approved as a work sponsor in relation to the special program sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
special return criterion means a criterion set out in a clause of Schedule 5, and a reference to a special return criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule.
specified Subclass 417 work means work that:
(a) was carried out in one or more areas of Australia specified for the purposes of this definition by the Minister under regulation 1.15FAA; and
(b) was of one or more kinds specified for the purposes of this definition by the Minister under regulation 1.15FAA.
specified Subclass 462 work means work that:
(a) was carried out in one or more areas of Australia specified for the purposes of this definition by the Minister under regulation 1.15FA; and
(b) was of one or more kinds specified for the purposes of this definition by the Minister under regulation 1.15FA.
sponsor has the meaning given by subregulation 1.20(1).
sponsorship means an undertaking of the kind referred to in regulation 1.20 to sponsor an applicant.
sponsorship end day, in relation to a nomination under subsection 140GB(1) of the Act, means the day on which the approval as a standard business sponsor of the person who made the nomination ceases.
standard business sponsor means a person who:
(a) is an approved work sponsor; and
(b) is approved as a work sponsor in relation to the standard business sponsor class by the Minister under subsection 140E(1) of the Act.
statutory function has the meaning given by subregulation 5.41C(3).
step‑child, in relation to a parent, means:
(a) a person who is not the child of the parent but who is the child of the parent’s current spouse or de facto partner; or
(b) a person who is not the child of the parent but:
(i) who is the child of the parent’s former spouse or former de facto partner; and
(ii) who has not turned 18; and
(iii) in relation to whom the parent has:
(A) a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child’s long‑term or day‑to‑day care, welfare and development; or
(B) guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.
student visa means any of the following subclasses of visa:
(aa) a Subclass 500 (Student) visa;
(a) a Subclass 570 (Independent ELICOS Sector) visa;
(b) a Subclass 571 (Schools Sector) visa;
(c) a Subclass 572 (Vocational Education and Training Sector) visa;
(d) a Subclass 573 (Higher Education Sector) visa;
(e) a Subclass 574 (Postgraduate Research Sector) visa;
(f) a Subclass 575 (Non‑Award Sector) visa;
(g) a Subclass 576 (Foreign Affairs or Defence Sector) visa.
Subclass 420 (Entertainment) visa includes a Subclass 420 (Temporary Work (Entertainment)) visa.
Note: Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 420 (Entertainment) visa.
Subclass 576 (Foreign Affairs or Defence Sector) visa includes a Subclass 576 (AusAID or Defence Sector) visa.
Note: Amendments of these Regulations that commenced on 1 July 2014 renamed the Subclass 576 (AusAID or Defence Sector) visa.
subsequent temporary application charge means the charge explained in subregulations 2.12C(5) and (6).
substituted Subclass 600 visa means:
(a) a Subclass 600 (Visitor) visa that was granted following a decision by the Minister to substitute a more favourable decision under section 351 or 501J, or repealed section 417, of the Act; or
(b) a Subclass 676 (Tourist) visa that was granted, before 23 March 2013, following a decision by the Minister to substitute a more favourable decision under section 351 or 501J, or repealed section 417, of the Act.
Note: Before these Regulations were amended on 23 March 2013, a visa described in paragraph (b) was referred to as a “substituted Subclass 676 visa”.
superior English has the meaning given by regulation 1.15EA.
superyacht means a sailing ship or motor vessel of a kind that is specified by the Minister under regulation 1.15G to be a superyacht.
superyacht crew sponsor means a person who:
(a) is an approved work sponsor; and
(b) is approved as a work sponsor in relation to the superyacht crew sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
temporary activities sponsor means a person who:
(a) is an approved work sponsor; and
(b) is approved as a work sponsor in relation to the temporary activities sponsor class by the Minister under subsection 140E(1) of the Act.
temporary work sponsor means any of the following:
(a) a special program sponsor;
(b) an entertainment sponsor;
(c) a superyacht crew sponsor;
(d) a long stay activity sponsor;
(e) a training and research sponsor.
the Act means the Migration Act 1958.
tourism means participation in activities of a recreational nature including amateur sporting activities, informal study courses, relaxation, sightseeing and travel.
TPV/SHEV transition day means the day Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences.
training and research sponsor means a person who:
(a) is an approved work sponsor; and
(b) is approved as a work sponsor in relation to the training and research sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
transitional 457 worker means a person who held a Subclass 457 (Temporary Work (Skilled)) visa at any time occurring on or after 18 April 2017.
transitional 482 worker means a person who on 20 March 2019:
(a) held a Subclass 482 (Temporary Skill Shortage) visa in the Medium‑term stream; or
(b) was an applicant for a Subclass 482 (Temporary Skill Shortage) visa in the Medium‑term stream that was subsequently granted.
transit passenger means a person who:
(a) enters Australia by aircraft; and
(b) holds a confirmed onward booking to leave Australia to travel to a third country on the same or another aircraft within 8 hours of the person’s arrival in Australia; and
(d) holds documentation necessary to enter the country of his or her destination.
unwanted transfer of critical technology has the meaning given by subregulation 1.15Q(1).
vocational English has the meaning given in regulation 1.15B.
weapons of mass destruction determination means a determination mentioned in any of the following provisions:
(a) sub‑subparagraph 2.43(1)(a)(i)(B);
(b) subparagraph 2.43(1)(a)(ii);
(c) paragraph (b) of public interest criterion 4003;
(d) public interest criterion 4003A.
work means an activity that, in Australia, normally attracts remuneration.
working age means:
(a) in the case of a female, under 60 years of age; and
(b) in the case of a male, under 65 years of age.
workplace exploitation matter has the meaning given by subregulation 1.15R(2).
1.04 Adoption
(1) A person (in this regulation called the adoptee) is taken to have been adopted by a person (in this regulation called the adopter) if, before the adoptee attained the age of 18 years, the adopter assumed a parental role in relation to the adoptee under:
(a) formal adoption arrangements made in accordance with, or recognised under, the law of a State or Territory of Australia relating to the adoption of children; or
(b) formal adoption arrangements made in accordance with the law of another country, being arrangements under which the persons who were recognised by law as the parents of the adoptee before those arrangements took effect ceased to be so recognised and the adopter became so recognised; or
(c) other arrangements entered into outside Australia that, under subregulation (2), are taken to be in the nature of adoption.
(2) For the purposes of paragraph (1)(c), arrangements are taken to be in the nature of adoption if:
(a) the arrangements were made in accordance with the usual practice, or a recognised custom, in the culture or cultures of the adoptee and the adopter; and
(b) the child‑parent relationship between the adoptee and the adopter is significantly closer than any such relationship between the adoptee and any other person or persons, having regard to the nature and duration of the arrangements; and
(c) the Minister is satisfied that:
(i) formal adoption of the kind referred to in paragraph (1)(b):
(A) was not available under the law of the place where the arrangements were made; or
(B) was not reasonably practicable in the circumstances; and
(ii) the arrangements have not been contrived to circumvent Australian migration requirements.
1.04A Foreign Affairs recipients and Foreign Affairs students
(1) In this regulation:
cease, in relation to a full‑time course of study or training, includes to complete, to withdraw from, or to be excluded from, that course.
Foreign Affairs student visa means a student visa granted to a person who, as an applicant:
(a) satisfied the primary criteria for the grant of the visa; and
(b) was a student in a full‑time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister.
(2) A person is a Foreign Affairs recipient if:
(a) either:
(i) the person is the holder of a Foreign Affairs student visa and has ceased:
(A) the full‑time course of study or training to which that visa relates; or
(B) another course approved by the Foreign Minister or AusAID Minister in substitution for that course; or
(ii) if the person is not the holder of a Foreign Affairs student visa—the person has in the past been the holder of a Foreign Affairs student visa and has ceased:
(A) the full‑time course of study or training to which the last Foreign Affairs student visa held by the person related; or
(B) another course approved by the Foreign Minister or AusAID Minister in substitution for that course; and
(b) the person has not spent at least 2 years outside Australia since ceasing the course.
(3) A person is a Foreign Affairs student if:
(a) the person has been approved by the Foreign Minister or AusAID Minister to undertake a full‑time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister; and
(b) the person is:
(i) the holder of a Foreign Affairs student visa granted in circumstances where the person intended to undertake the full‑time course of study or training; or
(ii) an applicant for a student visa whose application shows an intention to undertake a full‑time course of study or training; and
(c) in the case of a person mentioned in subparagraph (b)(i)—the person has not ceased:
(i) the full‑time course of study or training to which the visa relates; or
(ii) another course approved by the Foreign Minister or AusAID Minister in substitution for that course.
1.04B Defence student
A person is a Defence student if:
(a) the person has been approved by the Defence Minister to undertake a full‑time course of study or training under a scholarship scheme or training program approved by the Defence Minister; and
(b) the person is:
(i) the holder of a student visa granted in circumstances where the person intended to undertake the course of study or training; or
(ii) an applicant for a student visa whose application shows an intention to undertake the course of study or training; and
(c) in the case of a person mentioned in subparagraph (b)(i)—the person has not ceased, completed, withdrawn from, or been excluded from:
(i) the course of study or training to which the visa relates; or
(ii) another course approved by the Defence Minister in substitution for that course.
1.05 Balance of family test
(1) For the purposes of this regulation:
(a) a person is a child of another person (the parent) if the person is a child or step‑child of:
(i) the parent; or
(ii) a current spouse or current de facto partner of the parent; and
(b) if the whereabouts of a child of the parent are unknown, the child is taken to be resident in the child’s last known usual country of residence.
(2) For this regulation:
(a) a child of the parent is an eligible child if the child is:
(i) an Australian citizen; or
(ii) an Australian permanent resident usually resident in Australia; or
(iii) an eligible New Zealand citizen usually resident in Australia; and
(b) any other child of the parent is an ineligible child.
(2A) An ineligible child is taken to be resident overseas.