AWOTE amount, for a quarter, means the estimate of the full‑time adult average weekly ordinary time earnings for persons in Australia for the middle month of the quarter published by the Australian Statistician in relation to that month.
base quarter means the last December quarter before the reference quarter.
December quarter means a period of 3 months starting on 1 October.
indexation day means the first 1 July to occur after the commencement of this regulation and each later 1 July.
reference quarter means the most recent December quarter before the indexation day.
Division 5.8—Multiple parties in migration litigation
5.43 Meaning of family (Act s 486B)
For paragraph 486B(7)(a) of the Act, family, of an applicant in a migration proceeding, means:
(a) the spouse or de facto partner of the applicant; and
(b) the dependent children of the applicant.
5.44 Prescription of other persons (Act s 486B)
For paragraph 486B(7)(d) of the Act, the legal personal representative of a person who has a serious physical or mental incapacity and who is an applicant in a migration proceeding, or a member of the family of the applicant, is prescribed.
Division 5.8A—Review of these Regulations
5.44A Review of these Regulations
Requirement for review
(1) The Secretary must ensure that there is a review of the operation of these Regulations.
Initial review in the 2017/18 financial year
(2) The first review must:
(a) start during the period:
(i) beginning on 1 July 2017; and
(ii) ending on 30 June 2018; and
(b) be completed within 2 years after the day that the review begins.
Subsequent 10 yearly reviews
(3) Subsequent reviews must:
(a) start as soon as possible after the end of every 10 year period, with the first period beginning on 1 October 2017; and
(b) be completed within 2 years after the day that the review begins.
Division 5.9—Transitional arrangements
5.45 Operation of Schedule 13
Schedule 13 makes transitional arrangements in relation to amendments of these Regulations.
Schedule 1—Classes of visa
(regulations 2.01 and 2.07)
Note: This Schedule sets out the specific ways in which a non‑citizen applies for a visa of a particular class. An application that is not made as set out in this Schedule is not valid and will not be considered: see the Act, ss 45, 46 and 47.
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
First instalment
Item Component Amount
1 Base application charge $3 500
2 Additional applicant charge for an applicant who is at least 18 $1 755
3 Additional applicant charge for an applicant who is less than 18 $875
Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b) second instalment (payable before grant of visa):
Second instalment
Item Applicant Amount
1 Applicant who:(a) was at least 18 at the time of application; and(b) is assessed as not having functional English; and(c) satisfies the secondary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa; and(d) has not paid a second instalment of the visa application charge in relation to an application for a Subclass 188 (Business Innovation and Investment (Provisional)) visa; and(e) is an applicant to whom item 1A does not apply $4 890
1A Applicant who meets the requirements of subclause 888.311(3), (4), (5) or (6) of Schedule 2 Nil
2 Any other applicant Nil
(3) Other:
(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b) An applicant may be in or outside Australia, but not in immigration clearance.
(c) An applicant seeking to satisfy the primary criteria must be nominated by:
(i) if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Business Innovation stream, the Investor stream or the Entrepreneur stream—a State or Territory government agency; or
(ii) if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Significant Investor stream—a State or Territory government agency or the CEO of Austrade; or
(iii) if the applicant is seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Premium Investor stream—the CEO of Austrade.
(d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Business Skills (Permanent) (Class EC) visa may be made at the same time as, and combined with, the application by that person.
(4) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Business Innovation stream must meet the requirements in at least one item in the table.
Item
Requirements
1AA
The applicant:<br>(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream; and<br>(b) unless the applicant was invited to apply for that visa before 1 July 2021—has held that visa for at least 3 years
1
The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream
1A
The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream or the Business Innovation Extension stream and both the following apply:<br>(a) the visa expired during a concession period;<br>(b) the application is made no more than 3 months after the end of the concession period
2
The applicant:<br>(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa (a secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder) who held either:<br>(i) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream; or<br>(ii) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation Extension stream; and<br>(b) unless the primary visa holder was invited, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream held by the primary visa holder—has held a secondary visa for at least 3 years
2A
The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Business Innovation stream or the Business Innovation Extension stream and both the following apply:<br>(a) the secondary visa expired during a concession period;<br>(b) the application is made no more than 3 months after the end of the concession period
3
The applicant:<br>(a) holds a Subclass 444 (Special Category) visa; and<br>(b) unless that visa was granted before 1 July 2021—has held that visa for at least 3 years
4
The applicant holds a Subclass 457 (Business (Long Stay)) visa granted on the basis that:<br>(a) the applicant; or<br>(b) the applicant’s spouse or de facto partner (if any); or<br>(c) the applicant’s former spouse or de facto partner;<br>satisfied the criteria in subclause 457.223(7) or (7A) of Schedule 2 for the grant of the visa
(5) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Investor stream must meet the requirements in at least one item in the table.
Item
Requirements
1
The applicant:<br>(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream; and<br>(b) unless the applicant was invited to apply for that visa before 1 July 2021—has held that visa for at least 3 years
2
The applicant:<br>(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder) who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the primary visa) in the Investor stream; and<br>(b) unless the primary visa holder was invited to apply for the primary visa before 1 July 2021—has held the secondary visa for at least 3 years
3
The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream and both the following apply:<br>(a) the visa expired during a concession period;<br>(b) the application is made no more than 3 months after the end of the concession period
4
The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream and both the following apply:<br>(a) the secondary visa expired during a concession period;<br>(b) the application is made no more than 3 months after the end of the concession period
(5A) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Significant Investor stream must meet the requirements in at least one item in the table.
Item
Requirements
1A
The applicant:<br>(a) holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream; and<br>(b) unless the applicant was invited to apply for that visa before 1 July 2021—has held that visa for at least 3 years
1
The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream
2
All of the following apply:<br>(a) the applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa (a secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder) who held either:<br>(i) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream; or<br>(ii) a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor Extension stream;<br>(b) either:<br>(i) the applicant has ceased to be the spouse or de facto partner of the primary visa holder; or<br>(ii) the primary visa holder has since died;<br>(c) unless the primary visa holder was invited, before 1 July 2021, to apply for the Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream held by the primary visa holder—the applicant has held a secondary visa for at least 3 years
3
The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream and both the following apply:<br>(a) the visa expired during a concession period;<br>(b) the application is made no more than 3 months after the end of the concession period
4
Both of the following apply:<br>(a) the applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream and both the following apply:<br>(i) the secondary visa expired during a concession period;<br>(ii) the application is made no more than 3 months after the end of the concession period;<br>(b) either:<br>(i) the applicant has ceased to be the spouse or de facto partner of that person; or<br>(ii) that person has since died
(5B) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Premium Investor stream must meet the requirements in at least one item in the table.
Item
Requirements
1
The applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream
2
Both of the following apply:<br>(a) the applicant holds a Subclass 188 (Business Innovation and Investment (Provisional)) visa granted on the basis that the applicant was the spouse or de facto partner of a person (the primary visa holder) who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Premium Investor stream;<br>(b) either:<br>(i) the applicant has ceased to be the spouse or de facto partner of the primary visa holder; or<br>(ii) that primary visa holder has since died
(5C) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Entrepreneur stream must meet either of the following requirements:
(a) the applicant:
(i) must hold a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream; and
(ii) unless the applicant was invited to apply for that visa before 1 July 2021—must have held that visa for at least 3 years;
(b) the applicant must have held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream and both the following apply:
(i) the visa expired during a concession period;
(ii) the application is made no more than 3 months after the end of the concession period.
(6) Subclasses:
Subclass 888 (Business Innovation and Investment (Permanent))
1108 Child (Migrant) (Class AH)
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(i) for an applicant:
(A) who appears to the Minister, on the basis of information contained in the application, to be an orphan relative; or
(B) whose application is combined, or sought to be combined, with an application made by that person:
First instalment
Item Component Amount
1 Base application charge $1 980
2 Additional applicant charge for an applicant who is at least 18 $990
3 Additional applicant charge for an applicant who is less than 18 $500
(ii) for any other applicant:
First instalment
Item Component Amount
1 Base application charge $3 235
2 Additional applicant charge for an applicant who is at least 18 $1 615
3 Additional applicant charge for an applicant who is less than 18 $810
Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b) the second instalment (payable before grant of visa) is nil.
(3) Other:
(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(aa) Applicant must be outside Australia.
(b) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Child (Migrant) (Class AH) visa may be made at the same time and place as, and combined with, the application by that person.
(c) An application is not a valid application if:
(i) the applicant seeks to meet the requirements in subclause 102.211(2) of Schedule 2 by claiming to have been adopted in an overseas country at a particular time; and
(ii) the country is specified by the Minister in a legislative instrument made for the purposes of this paragraph; and
(iii) if a period is specified in the instrument in relation to the country—the time referred to in subparagraph (i) is within that period.
(4) Subclasses:
101 (Child)
102 (Adoption)
117 (Orphan Relative)
1108A Child (Residence) (Class BT)
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(i) for an applicant:
(A) who appears to the Minister, on the basis of information contained in the application, to be an orphan relative; or
(B) whose application is combined, or sought to be combined, with an application made by that person:
First instalment
Item Component Amount
1 Base application charge $1 980
2 Additional applicant charge for an applicant who is at least 18 $990
3 Additional applicant charge for an applicant who is less than 18 $500