(ii) must provide, at the same time and place as making the application, the approved form specified by the Minister in a legislative instrument made for this subparagraph under subregulation 2.07(5) that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the spouse or de facto partner of the applicant (the partner); and
(iii) must provide, at the same time and place as making the application, 2 statutory declarations each of which:
(A) is made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is not the partner; and
(B) declares that the applicant and the partner are in a married relationship or de facto relationship; and
(C) was declared no more than 6 weeks before the day on which the application for the Partner (Residence) (Class BS) visa was made.
(3A) For paragraph (3)(e):
(a) the applicant is taken to have met the requirements of the paragraph if the applicant:
(i) is a person to whom section 48 of the Act applies; and
(ii) claims to be a dependent child of a person who has met the requirements of paragraph (3)(e); and
(b) if the applicant leaves and re‑enters the migration zone while holding a bridging visa, the applicant is taken to have been continuously in the migration zone despite the travel.
(4) Subclasses:
801 (Partner)
1127AA Resolution of Status (Class CD)
Note: Subregulation 2.07AQ(3) sets out other circumstances in which a person is taken to have made a valid application for a Resolution of Status (Class CD) visa.
(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: 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) Applicant must be in Australia but not in immigration clearance.
(c) The criteria in at least 1 of the items in the table are satisfied.
Item
Criterion 1
Criterion 2
Criterion 3
1
Applicant holds:<br>(a) a Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa; or<br>(b) a Subclass 451 (Secondary Movement Relocation (Temporary)) visa; or<br>(c) a Subclass 695 (Return Pending) visa
Nil
Nil
2
Applicant held, but no longer holds, a visa of a kind mentioned in criterion 1 of item 1, or a Subclass 785 (Temporary Protection) visa granted before 9 August 2008, and the visa was not cancelled
Applicant:<br>(a) has not left Australia; or<br>(b) while holding a visa that permits re‑entry to Australia, has left and re‑entered Australia
Applicant does not hold a permanent visa
3
Applicant is a member of the same family unit as a person who:<br>(a) has made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2; or<br>(b) is taken to have made a valid application for a Resolution of Status (Class CD) visa as a result of satisfying the criteria in item 1 or 2 of the table in subregulation 2.07AQ(3).
Applicant:<br>(a) was in Australia on 9 August 2008 and was a member of the same family unit on that date; or<br>(b) was born on or after 9 August 2008
Nil
4
Both of the following apply:<br>(a) the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;<br>(b) the applicant first entered Australia before the TPV/SHEV transition day
At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined
Nil
4A
All of the following apply:<br>(a) on the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;<br>(b) on or after that day, that visa ceased to be in effect (other than because the visa was cancelled);<br>(c) since the applicant was granted that visa, the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa refused and finally determined
At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined
Nil
5
All of the following apply:<br>(a) on the TPV/SHEV transition day, the applicant did not hold a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;<br>(b) at any time before the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa;<br>(c) the Subclass 785 (Temporary Protection) visa or Subclass 790 (Safe Haven Enterprise) visa most recently held by the applicant was not cancelled;<br>(d) since the applicant was granted the visa mentioned in paragraph (c), the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa refused and finally determined
At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined
Nil
6
Applicant who:<br>(a) is the child of a person who meets, or has met, the requirements mentioned in item 4, 4A or 5; and<br>(b) was born in Australia
At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined
Nil
7
Applicant who:<br>(a) is the child of a holder of a Resolution of Status (Class CD) visa, granted on the basis of an application taken to have been made under regulation 2.08G; and<br>(b) was born in Australia
At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined
Nil
Note: For member of the same family unit, see subsection 5(1) of the Act. For TPV/SHEV transition day, see regulation 1.03.
(4) Subclasses:
851 (Resolution of Status)
1128 Return (Residence) (Class BB)
(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) the base application charge (payable at the time the application is made) is $490; and
(b) the second instalment (payable before grant of visa) is nil.
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.
(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) The applicant may be in or outside Australia, but not in immigration clearance.
(c) Applicant must not hold a Transitional (Permanent) visa that is taken to have been granted under regulation 9 of the Migration Reform (Transitional Provisions) Regulations.
(d) Application by a person is not a valid application if:
(i) the most recent permanent visa held by the person is, or was, the subject of a notice, under subsection 135(1) of the Act, proposing cancellation; and
(ii) the person has not been notified of a decision not to proceed with the cancellation; and
(iii) the visa was not the subject of a decision to cancel the visa under section 134 of the Act.
(e) Application by a person is not a valid application if:
(i) the most recent permanent visa held by the person was the subject of a decision to cancel the visa under section 134 of the Act (whether or not the decision has come into effect); and
(ii) the decision to cancel the visa has not been set aside by the ART.
(4) Subclasses:
155 (Five Year Resident Return)
157 (Three Month Resident Return)
1129 Partner (Migrant) (Class BC)
(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 is the holder of a Subclass 445 (Dependent Child) visa; or
(B) whose application is combined, or sought to be combined, with an application made by that person;
the amount is nil; and
(ii) for any other applicant:
First instalment
Item Component Amount
1 Base application charge $9 365
2 Additional applicant charge for an applicant who is at least 18 $4 685
3 Additional applicant charge for an applicant who is less than 18 $2 345
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).
(c) Applicant other than an applicant who is the holder of:
(i) a Subclass 445 (Dependent Child) visa; or
(ii) a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant;
must be outside Australia.
(d) Applicant who is the holder of:
(i) a Subclass 445 (Dependent Child) visa; or
(ii) a Subclass 309 (Spouse (Provisional)) visa, a Subclass 309 (Partner (Provisional)) visa or a Subclass 310 (Interdependency (Provisional)) visa, which the Minister has decided, under section 351 or 501J, or repealed section 417, of the Act, to grant;
may be in or outside Australia, but not in immigration clearance.
(e) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Partner (Migrant) (Class BC) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
100 (Partner)
1130 Contributory Parent (Migrant) (Class CA)
(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 is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; 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 $445
2 Additional applicant charge for an applicant who is at least 18 $225
3 Additional applicant charge for an applicant who is less than 18 $110
(ii) for an applicant who:
(A) has been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
(B) is the holder of a substituted Subclass 600 visa at the time of application;
or 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 $445
2 Additional applicant charge for an applicant who is at least 18 $225
3 Additional applicant charge for an applicant who is less than 18 $110
(iii) for an applicant:
(A) who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application; 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 $445
2 Additional applicant charge for an applicant who is at least 18 $225
3 Additional applicant charge for an applicant who is less than 18 $110
(iv) for an applicant who:
(A) has been the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
(B) provides the Minister with evidence that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa for the purpose of the application;
or 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 $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
(v) for an applicant who:
(A) made a valid application for a Parent (Migrant) (Class AX) visa before 27 June 2003; and
(B) withdrew that application at the same time as making the application for the Contributory Parent (Migrant) (Class CA) visa;
or whose application is combined, or sought to be combined, with an application made by that person, the amount is nil; and
(vi) for any other applicant:
First instalment
Item Component Amount
1 Base application charge $5 040
2 Additional applicant charge for an applicant who is at least 18 $1 700
3 Additional applicant charge for an applicant who is less than 18 $855
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 was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application $19 420
2 Applicant who:(a) held a Subclass 173 (Contributory Parent (Temporary)) visa; and(b) was the holder of a substituted Subclass 600 visa at the time of application; and(c) is not described in item 3 $19 420
3 Applicant who:(a) held a Subclass 173 (Contributory Parent (Temporary)) visa; and(b) was, at the time of application, the holder of a substituted Subclass 600 visa or the child or step‑child of an applicant mentioned in item 2; and Nil
(c) is the child or step‑child of an applicant for a Contributory Parent (Migrant) (Class CA) visa, and was less than 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa
4 Applicant who:(a) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; and(b) is the child or step‑child of an applicant for a Contributory Parent (Migrant) (Class CA) visa; and(c) was less than 18 at the time of application for a Contributory Parent (Temporary) (Class UT) visa Nil
5 Applicant who has held a Subclass 173 (Contributory Parent (Temporary)) visa at any time in the 28 days immediately before making the application $19 420
6 Applicant:(a) who has held a Subclass 173 (Contributory Parent (Temporary)) visa; and(b) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to be the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application $17 575
7 An applicant who:(a) is a dependent child of an applicant for a Contributory Parent (Migrant) (Class CA) visa; and(b) was less than 18 at the time of application $2 095
8 Any other applicant $43 600
(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 who is seeking to satisfy the primary criteria set out in clause 143.214 of Schedule 2 for a Subclass 143 (Contributory Parent) visa must:
(i) be in Australia, but not in immigration clearance; and
(ii) meet the requirements of subitem (3A).
(ba) An applicant who is seeking to satisfy the secondary criteria set out in clause 143.313 for a Subclass 143 (Contributory Parent) visa on the basis that the applicant is the spouse or de facto partner of an applicant mentioned in paragraph (b) must:
(i) be in Australia, but not in immigration clearance; and
(ii) meet the requirements of subitem (3A).
(bb) The applicant:
(i) does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and
(ii) if the applicant held such a visa—has left Australia since that visa ceased to be in effect.