(c) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 143 (Contributory Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (b)(i); and
(d) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 143 (Contributory Parent) visa was made.
(3) Subclause (1) does not apply if the applicant satisfies the criteria in clauses 143.311 and 143.312.
143.32—Criteria to be satisfied at time of decision
143.321
(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
(2) The applicant meets the requirements of this subclause if the applicant:
(a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 143 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the primary applicant.
(3) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 143 visa, and the primary applicant has since been granted that visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the applicant:
(i) was in Australia at the time the applicant’s visa application was made; or
(ii) entered Australia after the applicant’s visa application was made.
(4) The applicant meets the requirements of this subclause if:
(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 143 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following has experienced family violence committed by the primary applicant:
(i) the applicant;
(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;
(iii) a dependent child of the applicant or of the primary applicant; and
(d) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).
(5) The applicant meets the requirements of this subclause if:
(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and
(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and
(c) a Subclass 143 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
143.322
(1) One of the following applies:
(a) the sponsorship, mentioned in paragraph 143.222(a), that includes sponsorship of the applicant:
(i) has been approved by the Minister in relation to the applicant; and
(ii) is still in force in relation to the applicant;
(aa) the applicant is sponsored in accordance with subclause (1A) and the sponsorship has been approved by the Minister and is in force;
(b) the person who satisfied the primary criteria at the time of decision met the requirements of paragraph 143.222(b) at the time of decision, and the applicant meets those requirements at the time of decision;
(c) the applicant is a contributory parent newborn child who meets the requirements of paragraph 143.312(c).
(1A) The applicant is sponsored:
(a) by a child of the primary applicant mentioned in subclause 143.321(2), (3) or (4), if the child:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
(b) by the child’s cohabiting spouse or de facto partner, if the spouse or de facto partner:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
(c) if the child or child’s cohabiting spouse or de facto partner has not turned 18—by a relative or guardian of the child or child’s cohabiting spouse or de facto partner, if the relative or guardian:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
(d) if the child has not turned 18—by a community organisation.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.323
(1) The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.324
(1) If the applicant was not the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant is a person covered by subclause 143.321(2), (3), (4) or (5), and the person was …
the public interest criteria to be satisfied by the applicant are ...
1
not the holder of a substituted Subclass 600 visa at the time of application
4004, 4005, 4009 and 4010
2
the holder of a substituted Subclass 600 visa at the time of application
(a) 4009 and 4010; and<br>(b) 4007 or, if the applicant has previously held a Subclass 173 visa, such health checks as the Minister considers appropriate
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.324A
If the applicant meets the requirements of subclause 143.313(2), the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.
143.325
For an applicant who was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.
143.326
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
143.327
(1) The Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or
(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
(2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.313(2).
143.328
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
143.329
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
143.330
(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 143.321(3) or (4).
(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 143 visa:
(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the secondary applicant; and
(b) if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the secondary applicant.
Item
If the secondary applicant …
the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are …
and if the member of the family unit of the secondary applicant has previously been in Australia, the special return criteria are …
1
was not the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and<br>(b) if the member of the family unit had turned 18 at the time of application—4019
5001, 5002 and 5010
2
was the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4009 and 4010; and<br>(b) either:<br>(i) 4007; or<br>(ii) if the member of the family unit has previously held a Subclass 173 visa—such health checks as the Minister considers appropriate; and<br>(c) if the member of the family unit had turned 18 at the time of application—4019
5001, 5002 and 5010
(3) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 143 visa and who has not turned 18 at the time of decision.
(4) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 143 visa satisfies the public interest criteria mentioned in the item in the table that relates to the secondary applicant.
Item If the secondary applicant … the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are …
1 was not the holder of a substituted Subclass 600 visa at the time of application (a) 4001, 4002, 4003 and 4004; and(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
2 was the holder of a substituted Subclass 600 visa at the time of application (a) 4001, 4002 and 4003; and(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
143.4—Circumstances applicable to grant
143.411
(1) If the applicant is, at the time of application:
(a) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b) the holder of a substituted Subclass 600 visa; or
(c) a member of the family unit of an applicant who holds a substituted Subclass 600 visa; or
(d) an applicant:
(i) who is a member of the family unit of a person who is the holder of a Contributory Parent (Temporary) (Class UT) visa; and
(ii) to whom paragraph 143.311(b) applies;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) If the applicant:
(a) meets the requirements of subclause 143.214(2); or
(b) meets the requirements of subclause 143.313(2) on the basis that the applicant is a family member of the applicant mentioned in paragraph (a);
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
143.412
(1) Unless:
(a) clause 143.411 applies to the applicant at the time of application; or
(b) subclause (2) of this clause applies to the visa;
the applicant must be outside Australia when the visa is granted.
(2) This subclause applies to a visa if:
(a) the application for the visa was made before 24 March 2021; and
(b) the applicant for the visa was in Australia on 24 March 2021; and
(c) the visa is granted after 23 March 2021; and
(d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
(e) the applicant for the visa is in Australia, but not in immigration clearance, when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
143.5—When visa is in effect
143.511
Permanent visa permitting the holder to travel to and enter Australia for 5 years after the date of grant.
143.6—Conditions
143.611
If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.
143.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 151—Former Resident
Note: This Subclass applies in relation to an application for a visa made on or after 1 November 2005.
Subclass 151 visas that relate to the former Special Eligibility (Migrant) (Class AR) visa will not be available to applicants who apply on or after 1 November 2005.
151.1—Interpretation
151.111
In this Part:
Australian defence service means:
(a) service in the Military Forces of the Commonwealth under a notice served under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964; or
(b) service before 19 January 1981:
(i) in the Permanent Forces; or
(ii) by a member of the armed forces of a foreign country on secondment to, or duty with, the Permanent Forces if the member was a permanent resident of Australia during the period of service.
defence service applicant means an applicant who satisfies the Minister that he or she:
(a) has completed at least 3 months continuous Australian defence service; or
(b) was discharged before completing 3 months of Australian defence service because the applicant was medically unfit for service, or further service, and became medically unfit because of the applicant’s Australian defence service.
long residence applicant means an applicant who satisfies the Minister that he or she:
(a) spent the greater part of his or her life before the age of 18 in the migration zone as an Australian permanent resident; and
(b) did not at any time acquire Australian citizenship; and
(c) has maintained business, cultural or personal ties with Australia; and
(d) has not turned 45 at the time of application.
the Permanent Forces has the same meaning as it has in the Defence Act 1903.
151.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
151.21—Criteria to be satisfied at time of application
151.211
If the applicant is in Australia, either:
(a) the applicant is the holder of a substantive visa, other than a Subclass 771 (Transit) visa; or
(b) the applicant:
(i) is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
(ii) satisfies Schedule 3 criterion 3002.
151.212
The applicant is a long residence applicant or a defence service applicant.
151.22—Criteria to be satisfied at time of decision
151.221
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
151.222
If the applicant is a long residence applicant who is outside Australia, the applicant also satisfies public interest criterion 4005.
151.223
If the applicant is:
(a) a long residence applicant who is in Australia; or
(b) a defence service applicant;
the applicant also satisfies public interest criterion 4007.
151.224
If the applicant is under 18, the applicant also satisfies public interest criteria 4017 and 4018.
151.225
If the applicant is a long residence applicant who is outside Australia:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4005; and
(b) each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who:
(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(ii) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010.
151.226
If the applicant is a long residence applicant who is in Australia:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and
(b) each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who:
(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(ii) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002.
151.227
If the applicant is a defence service applicant:
(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and