(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.
151.227A
If the applicant is a defence service applicant who is outside Australia, 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.
151.227B
If the applicant is a defence service applicant who is in Australia, 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.
151.228
If a person (an additional applicant):
(a) is a member of the family unit of the applicant; and
(b) is also an applicant for a Special Eligibility (Class CB) visa; and
(c) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.
151.229
If the applicant:
(a) is in Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
151.229A
If the applicant:
(a) is outside Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001, 5002 and 5010.
151.229B
If the Minister has requested an assurance of support in relation to the applicant, the Minister is satisfied that the assurance has been accepted by the Secretary of Social Services.
151.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
151.31—Criteria to be satisfied at time of application
151.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Special Eligibility (Class CB) visa; and
(b) on the basis of the information provided in that application, appears to satisfy the criteria in Subdivision 151.21;
and the Minister has not decided to grant or refuse to grant a visa to the person.
151.32—Criteria to be satisfied at time of decision
151.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa.
151.322
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.
151.323
If the applicant is a member of the family unit of a person who:
(a) was a long residence applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; and
(b) was outside Australia at the time of the person’s application;
the applicant also satisfies public interest criterion 4005.
151.324
If the applicant is a member of the family unit of a person who:
(a) was a long residence applicant in Australia who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; or
(b) was a defence service applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa;
the applicant also satisfies public interest criterion 4007.
151.325
If the applicant has not turned 18, the applicant also satisfies public interest criteria 4017 and 4018.
151.326
If the applicant:
(a) is in Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
151.327
If the applicant:
(a) is outside Australia; and
(b) has previously been in Australia;
the applicant satisfies special return criterion 5001, 5002 and 5010.
151.328
If the Minister has requested an assurance of support in relation to the person who satisfied the primary criteria, the Minister is satisfied that:
(a) the applicant is included in the assurance of support given in relation to that person, 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.
151.4—Circumstances applicable to grant
151.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
151.412
If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
151.5—When visa is in effect
151.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
151.6—Conditions
151.611
For an applicant who was outside Australia at the time of application:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) condition 8502 may be imposed.
Note: No conditions have been prescribed for other applicants.
Subclass 155—Five Year Resident Return
155.1—Interpretation
Note: Australian permanent resident is defined in regulation 1.03.
155.2—Primary criteria
Note: All applicants must meet the primary criteria.
155.21—Criteria to be satisfied at time of application
155.211
The applicant:
(a) is an Australian permanent resident; or
(b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or
(c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled.
155.212
(1) The applicant meets the requirements of subclause (2), (3), (3A) or (4).
(2) The applicant meets the requirements of this subclause if the applicant was lawfully present in Australia for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:
(a) was:
(i) the holder of a permanent visa; or
(ii) an Australian citizen; and
(b) was not the holder of:
(i) a temporary visa (other than a Subclass 601 (Electronic Travel Authority) visa, a Subclass 773 Border visa, Subclass 956 Electronic Travel Authority (Business Entrant—Long Validity) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant—Short Validity) visa held concurrently with the permanent visa); or
(ii) a bridging visa.
(3) The applicant meets the requirements of this subclause if the applicant is outside Australia, and the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant:
(a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant:
(i) holds a permanent visa; or
(ii) last departed Australia as an Australian permanent resident; or
(iii) last departed Australia as an Australian citizen, but has subsequently lost or renounced Australian citizenship; or
(b) was an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence.
(3A) The applicant meets the requirements of this subclause if the applicant is in Australia, and the Minister is satisfied that the applicant:
(a) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and
(b) has not been absent from Australia for a continuous period of 5 years or more since:
(i) the date of grant of the applicant’s most recent permanent visa, unless there are compelling reasons for the absence; or
(ii) the date on which the applicant ceased to be a citizen, unless there are compelling reasons for the absence.
(4) The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who:
(a) has been granted a Subclass 155 visa and that visa is still in effect; or
(b) meets the requirements of subclause (2), (3) or (3A) and has lodged a separate application for a Return (Residence) (Class BB) visa.
Note: Under clause 155.511:
(a) if the applicant is a member of the family unit of a person whose Subclass 155 visa will be in effect for one year or less, the applicant will be granted a visa permitting the holder to travel to and enter Australia for the period of effect; and
(b) if the applicant is a member of the family unit of a person whose Subclass 155 visa will be in effect for more than one year, the applicant will be granted a visa permitting the holder to travel to and enter Australia for one year from the date of grant.
155.22—Criteria to be satisfied at time of decision
155.221
If the applicant is outside Australia, the applicant satisfies special return criterion 5001.
155.222
The applicant satisfies public interest criterion 4021.
155.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
155.4—Circumstances applicable to grant
155.411
The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
155.5—When visa is in effect
155.511
Permanent visa permitting the holder to travel to and enter Australia for:
(a) if:
(i) subclause 155.212(4) applies to the applicant; and
(ii) the period of the Subclass 155 visa mentioned in that subclause is one year or less;
the period of the Subclass 155 visa; or
(aa) if:
(i) subclause 155.212(4) applies to the applicant; and
(ii) the period of the Subclass 155 visa mentioned in that subclause is more than one year;
one year; or
(b) if the applicant met the requirements of clause 155.211 and subclause 155.212(2) at the time of application—a period of 5 years from the date of grant; or
(c) in any other case:
(i) a period of one year from the date of the grant; or
(ii) a shorter period determined by the Minister.
155.6—Conditions: Nil.
Subclass 157—Three Month Resident Return
157.1—Interpretation
Note: Australian permanent resident is defined in regulation 1.03.
157.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
157.21—Criteria to be satisfied at time of application
157.211
The applicant:
(a) is an Australian permanent resident; or
(b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or
(c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled.
157.212
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant meets the requirements of this subclause if the applicant:
(a) was lawfully present in Australia for a period of, or periods that total, not less than 1 day but less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:
(i) was:
(A) the holder of a permanent visa; or
(B) an Australian citizen; and
(ii) was not the holder of:
(A) a temporary visa (other than a Subclass 601 (Electronic Travel Authority) visa, a Subclass 773 Border visa, Subclass 956 Electronic Travel Authority (Business Entrant—Long Validity) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant—Short Validity) visa held concurrently with the permanent visa); or
(B) a bridging visa; and
(b) either:
(i) has compelling and compassionate reasons for departing Australia; or
(ii) if outside Australia, had compelling and compassionate reasons for his or her last departure from Australia.
(3) The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who:
(a) has been granted a Subclass 157 visa and that visa is still in effect; or
(b) meets the requirements of subclause (2) and has lodged a separate application for a Return (Residence) (Class BB) visa.
157.213
If the applicant is outside Australia, the applicant has not been absent from Australia for a continuous period of more than 3 months immediately before making the application for the visa, unless the Minister is satisfied that there are compelling and compassionate reasons for the absence.
157.22—Criteria to be satisfied at time of decision
157.221
If the applicant is outside Australia, the applicant satisfies special return criterion 5001.
157.222
The applicant satisfies public interest criterion 4021.
157.3—Secondary criteria: Nil.
Note: All applicants must satisfy the primary criteria.
157.4—Circumstances applicable to grant
157.411
The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
157.5—When visa is in effect
157.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 3 months from the date of grant.
157.6—Conditions: Nil.
Subclass 173—Contributory Parent (Temporary)
173.1—Interpretation
Note: Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
173.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 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.
173.21—Criteria to be satisfied at time of application
173.211
The applicant is a parent of a person (the child) who is:
(a) a settled Australian citizen; or
(b) a settled Australian permanent resident; or
(c) a settled eligible New Zealand citizen.
173.212
(1) The applicant is sponsored in accordance with subclause (2) or (3).
(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child’s cohabiting spouse or de facto partner, if that spouse or de facto partner:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.
(3) If the child has not turned 18, the applicant is sponsored by:
(a) the child’s cohabiting spouse, if that spouse:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(b) a person who:
(i) is a relative or guardian of the child; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:
(i) is a relative or guardian of the child’s spouse; and
(ii) has turned 18; and
(iii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen; or
(d) a community organisation.
173.213
The applicant satisfies the balance of family test.
173.22—Criteria to be satisfied at time of decision
173.221
The applicant continues to satisfy the criterion in clause 173.211.
173.222
A sponsorship of the kind mentioned in clause 173.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 173.212.
173.224
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
173.225
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
173.226
Each member of the family unit of the applicant who is an applicant for a Subclass 173 (Contributory Parent (Temporary)) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and
(b) if the person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.
173.227
Each member of the family unit of the applicant who is not an applicant for a Subclass 173 (Contributory Parent (Temporary)) visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion.
173.228
If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.