Members of the family units of applicants for new visas
Column 1 New visa applied for Column 2 Old visa person holds at time of application for new visa
1 Contributory Parent (Migrant) (Class CA) visa Contributory Parent (Temporary) (Class UT) visa
2 Contributory Aged Parent (Residence) (Class DG) visa Contributory Aged Parent (Temporary) (Class UU) visa
3 Business Skills (Residence) (Class DF) visa Business Skills (Provisional) (Class UR) visa
4 Business Skills (Permanent) (Class EC) visa Business Skills (Provisional) (Class EB) visa
5 Employer Nomination (Permanent) (Class EN) visa Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa
6 Regional Employer Nomination (Permanent) (Class RN) visa Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa
7 Skilled (Residence) (Class VB) visa Any of the following visas:(a) Skilled—Independent Regional (Provisional) (Class UX) visa;(b) Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for:(i) a Skilled—Independent Regional (Provisional) (Class UX) visa; or(ii) a Skilled (Provisional) (Class VC) visa; or(iii) a Skilled—Regional Sponsored (Provisional) (Class SP) visa;(c) Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;(d) Subclass 475 (Skilled—Regional Sponsored) visa;(e) Subclass 487 (Skilled—Regional Sponsored) visa;(f) Skilled—Regional Sponsored (Provisional) (Class SP) visa
8 Subclass 482 (Skills in Demand) visa Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa
9 Subclass 189 (Skilled—Independent) visa in the Hong Kong stream Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa;(c) Subclass 485 (Temporary Graduate) visa
10 Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream Any of the following visas:(a) Subclass 491 (Skilled Work Regional (Provisional)) visa;(b) Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
11 Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream Any of the following visas:(a) Subclass 457 (Temporary Work (Skilled)) visa;(ab) Subclass 482 (Skills in Demand) visa;(b) Subclass 482 (Temporary Skill Shortage) visa;(c) Subclass 485 (Temporary Graduate) visa
(6) A person is a member of the family unit of an applicant for, or of a holder of, a Student (Temporary) (Class TU) visa if the person is:
(a) a spouse or de facto partner of the applicant or holder; or
(b) a dependent child of the applicant or holder, or of that spouse or de facto partner of the applicant or holder, who is unmarried and has not turned 18.
National Innovation (Class BX) visas
(7) A person is a member of the family unit of an applicant for a National Innovation (Class BX) visa who has not turned 18 at the time of application if:
(a) the person is:
(i) a parent of the applicant who has made a combined application with the applicant for the visa; or
(ii) under subregulation (2), a member of the family unit of a parent of the applicant who has made a combined application with the applicant for the visa; and
(b) no person is being treated under subregulation (2) as a member of the family unit of the applicant, in relation to the applicant’s application for the visa; and
(c) no other parent of the applicant is being treated as a member of the family unit of the applicant in accordance with this subregulation.
1.12AA Member of the immediate family
(1) For these Regulations, a person A is a member of the immediate family of another person B if:
(a) A is a spouse or de facto partner of B; or
(b) A is a dependent child of B; or
(c) A is a parent of B, and B is not 18 years or more.
1.13 Meaning of nominator
(1) The nominator of an applicant for a visa is a person who, on the relevant approved form, nominates another person as an applicant for a visa of a particular class.
(2) However, a person who proposes another person for entry to Australia as an applicant for a permanent humanitarian visa is not the nominator of the other person.
1.13A Meaning of adverse information
(1) Adverse information about a person is any adverse information relevant to the person’s suitability as:
(a) an approved sponsor; or
(b) a nominator (within the meaning of regulation 5.19).
(2) Without limiting subregulation (1), adverse information about a person includes information that the person:
(a) has contravened a law of the Commonwealth, a State or a Territory; or
(b) is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or
(c) has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or
(d) has become insolvent (within the meaning of section 95A of the Corporations Act 2001); or
(e) has given, or caused to be given, to the Minister, an officer, the ART or a relevant assessing authority a bogus document, or information that is false or misleading in a material particular.
(3) Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(4) In this regulation:
information that is false or misleading in a material particular means information that is:
(a) false or misleading at the time it is given; and
(b) relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information.
Note: For the definition of bogus document, see subsection 5(1) of the Act.
1.13B Meaning of associated with
(1) Two persons are associated with each other if:
(a) they:
(i) are or were spouses or de facto partners; or
(ii) are or were members of the same immediate, blended or extended family; or
(iii) have or had a family‑like relationship; or
(iv) belong or belonged to the same social group, unincorporated association or other body of persons; or
(v) have or had common friends or acquaintances; or
(b) one is or was a consultant, adviser, partner, representative on retainer, officer, employer, employee or member of:
(i) the other; or
(ii) any corporation or other body in which the other is or was involved (including as an officer, employee or member); or
(c) a third person is or was a consultant, adviser, partner, representative on retainer, officer, employer, employee or member of both of them; or
(d) they are or were related bodies corporate (within the meaning of the Corporations Act 2001); or
(e) one is or was able to exercise influence or control over the other; or
(f) a third person is or was able to exercise influence or control over both of them.
(2) For the purposes of subregulation (1), it does not matter if a person has ceased to exist.
(3) This regulation does not limit the circumstances in which persons are associated with each other.
(4) In this regulation:
officer has the meaning given by section 9 of the Corporations Act 2001.
1.14 Orphan relative
An applicant for a visa is an orphan relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if:
(a) the applicant:
(i) has not turned 18; and
(ii) does not have a spouse or de facto partner; and
(iii) is a relative of that other person; and
(b) the applicant cannot be cared for by either parent because each of them is either dead, permanently incapacitated or of unknown whereabouts; and
(c) there is no compelling reason to believe that the grant of a visa would not be in the best interests of the applicant.
1.14A Parent and child
(1) A reference in these Regulations to a parent includes a step‑parent.
(2) For subsection 5CA(2) of the Act, if a child has been adopted under formal adoption arrangements mentioned in paragraph 1.04(1)(a) or (b) by a person or persons (the adoptive parent or parents):
(a) the child is taken to be the child of the adoptive parent or parents; and
(b) the child is taken not to be the child of any other person (including a person who had been the child’s parent or adoptive parent before the adoption).
Note 1: A child cannot have more than 2 parents (other than step‑parents) unless the child has been adopted under arrangements mentioned in paragraph 1.04(1)(c).
Note 2: Parent is defined in subsection 5(1) of the Act, and child is defined in section 5CA of the Act.
1.15 Remaining relative
(1) An applicant for a visa is a remaining relative of another person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen if the applicant satisfies the Minister that:
(a) the other person is a parent, brother, sister, step‑brother or step‑sister of the applicant; and
(b) the other person is usually resident in Australia; and
(c) the applicant, and the applicant’s spouse or de facto partner (if any), have no near relatives other than near relatives who are:
(i) usually resident in Australia; and
(ii) Australian citizens, Australian permanent residents or eligible New Zealand citizens; and
(d) if the applicant is a child who:
(i) has not turned 18; and
(ii) has been adopted by an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen (the adoptive parent) while overseas:
at the time of making the application, the adoptive parent has been residing overseas for a period of at least 12 months.
(2) In this regulation:
near relative, in relation to an applicant, means a person who is:
(a) a parent, brother, sister, step‑brother or step‑sister of the applicant or of the applicant’s spouse or de facto partner (if any); or
(b) a child (including a step‑child) of the applicant or of the applicant’s spouse or de facto partner (if any), being a child who:
(i) has turned 18 and is not a dependent child of the applicant or the applicant’s spouse or de facto partner (if any); or
(ii) has not turned 18 and is not wholly or substantially in the daily care and control of the applicant or the applicant’s spouse or de facto partner (if any).
1.15AA Carer
(1) An applicant for a visa is a carer of a person who is an Australian citizen usually resident in Australia, an Australian permanent resident or an eligible New Zealand citizen (the resident) if:
(a) the applicant is a relative of the resident; and
(b) according to a certificate that meets the requirements of subregulation (2):
(i) a person (being the resident or a member of the family unit of the resident) has a medical condition; and
(ii) the medical condition is causing physical, intellectual or sensory impairment of the ability of that person to attend to the practical aspects of daily life; and
(iii) the impairment has, under the Impairment Tables (within the meaning of subsection 23(1) of the Social Security Act 1991), the rating that is specified in the certificate; and
(iv) because of the medical condition, the person has, and will continue for at least 2 years to have, a need for direct assistance in attending to the practical aspects of daily life; and
(ba) the person mentioned in subparagraph (b)(i) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(c) the rating mentioned in subparagraph (b)(iii) is equal to, or exceeds, the impairment rating specified in a legislative instrument made by the Minister for this paragraph; and
(d) if the person to whom the certificate relates is not the resident, the resident has a permanent or long‑term need for assistance in providing the direct assistance mentioned in subparagraph (b)(iv); and
(e) the assistance cannot reasonably be:
(i) provided by any other relative of the resident, being a relative who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
(ii) obtained from welfare, hospital, nursing or community services in Australia; and
(f) the applicant is willing and able to provide to the resident substantial and continuing assistance of the kind needed under subparagraph (b)(iv) or paragraph (d), as the case requires.
(2) A certificate meets the requirements of this subregulation if:
(a) it is a certificate:
(i) in relation to a medical assessment carried out on behalf of a health service provider specified by the Minister in an instrument in writing; and
(ii) signed by the medical adviser who carried it out; or
(b) it is a certificate issued by a health service provider specified by the Minister in an instrument in writing in relation to a review of an opinion in a certificate mentioned in paragraph (a), that was carried out by the health services provider in accordance with its procedures.
(3) The Minister is to take the opinion in a certificate that meets the requirements of subregulation (2) on a matter mentioned in paragraph (1)(b) to be correct for the purposes of deciding whether an applicant satisfies a criterion that the applicant is a carer.
1.15A Spouse
(1) For subsection 5F(3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5F(2)(a), (b), (c) and (d) of the Act exist.
(2) If the Minister is considering an application for:
(a) a Partner (Migrant) (Class BC) visa; or
(b) a Partner (Provisional) (Class UF) visa; or
(c) a Partner (Residence) (Class BS) visa; or
(d) a Partner (Temporary) (Class UK) visa;
the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).
(3) The matters for subregulation (2) are:
(a) the financial aspects of the relationship, including:
(i) any joint ownership of real estate or other major assets; and
(ii) any joint liabilities; and
(iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and
(iv) whether one person in the relationship owes any legal obligation in respect of the other; and
(v) the basis of any sharing of day‑to‑day household expenses; and
(b) the nature of the household, including:
(i) any joint responsibility for the care and support of children; and
(ii) the living arrangements of the persons; and
(iii) any sharing of the responsibility for housework; and
(c) the social aspects of the relationship, including:
(i) whether the persons represent themselves to other people as being married to each other; and
(ii) the opinion of the persons’ friends and acquaintances about the nature of the relationship; and
(iii) any basis on which the persons plan and undertake joint social activities; and
(d) the nature of the persons’ commitment to each other, including:
(i) the duration of the relationship; and
(ii) the length of time during which the persons have lived together; and
(iii) the degree of companionship and emotional support that the persons draw from each other; and
(iv) whether the persons see the relationship as a long‑term one.
(4) If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3).
1.15B Vocational English
(1) A person has vocational English if:
(a) the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and
(b) the person is an applicant for a visa; and
(ba) for a person who was invited by the Minister under these Regulations, in writing, to apply for the visa—the test was conducted in the 3 years immediately before the date of the invitation; and
(bb) for a person to whom paragraph (ba) does not apply—the test was conducted in the 3 years immediately before the day on which the application was made; and
(c) the person achieved a score specified in the instrument.
(2) A person also has vocational English if the person holds a passport of a type specified by the Minister in an instrument in writing for this subregulation.
1.15C Competent English
(1) A person has competent English if:
(a) the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and
(b) the person is an applicant for a visa; and
(ba) for a person who was invited (or whose spouse or de facto partner was invited) by the Minister under these Regulations, in writing, to apply for the visa—the test was conducted in the 3 years immediately before the date of the invitation; and
(bb) for a person to whom paragraph (ba) does not apply—the test was conducted in the 3 years immediately before the day on which the application was made; and
(c) the person achieved a score specified in the instrument.
(2) A person also has competent English if the person holds a passport of a type specified by the Minister in an instrument in writing for this subregulation.
1.15D Proficient English
A person has proficient English if:
(a) the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and