If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
173.3—Secondary criteria
173.31—Criteria to be satisfied at time of application
173.311
The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 173.21.
173.312
A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
173.32—Criteria to be satisfied at time of decision
173.321
Unless the applicant is a contributory parent newborn child, the applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa.
173.322
A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
173.322A
A contributory parent newborn child is taken to be sponsored if:
(a) the contributory parent newborn child’s parent is taken to be sponsored in accordance with subclause 143.212(4); or
(b) the following criteria apply in relation to the contributory parent newborn child’s parent:
(i) the parent is the holder of a Subclass 143 (Contributory Parent) visa at the time of the contributory parent newborn child’s application;
(ii) the person who sponsored the parent for the Subclass 143 (Contributory Parent) visa has died; or
(c) the following criteria apply in relation to the contributory parent newborn child’s parent:
(i) at the time of the contributory parent newborn child’s application, the parent is the holder of:
(A) a Subclass 173 (Contributory Parent (Temporary)) visa; or
(B) a bridging visa, and the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa;
(ii) the person who sponsored the parent for the Subclass 173 (Contributory Parent (Temporary)) visa has died.
173.323
If the applicant is not a contributory parent newborn child, the applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
173.324
If the applicant:
(a) is not a contributory parent newborn child; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001, 5002 and 5010.
173.325
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
173.326
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
173.327
If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.
173.328
The applicant satisfies public interest criteria 4020 and 4021.
173.4—Circumstances applicable to grant
173.411
(1) Unless:
(a) the applicant is a contributory parent newborn child; 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.
173.412
If the applicant is a contributory parent newborn child, the applicant may be in or outside Australia when the visa is granted.
173.5—When visa is in effect
173.511
If the applicant is not a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia for 2 years from a date specified by the Minister for the purpose.
173.512
If the applicant is a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
173.6—Conditions
173.611
First entry must be made before a date specified by the Minister for the purpose.
173.612
Either or both of conditions 8502 and 8515 may be imposed.
Subclass 186—Employer Nomination Scheme
186.1—Interpretation
186.111
In this Part:
application for approval means an application under regulation 5.19 for approval of the nomination of a position.
occupation means the occupation that would be carried out by a person who is employed in a position.
Note 1: For labour agreement and regional provisional visa and relevant assessing authority: see regulation 1.03.
Note 2: Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
186.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 186 visa include criteria set out in streams.
If an applicant applies for a Subclass 186 visa in the Temporary Residence Transition stream, the criteria in Subdivisions 186.21 and 186.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 186 visa in the Direct Entry stream, the criteria in Subdivisions 186.21 and 186.23 are the primary criteria.
If an applicant applies for a Subclass 186 visa in the Labour Agreement stream, the criteria in Subdivisions 186.21 and 186.24 are the primary criteria.
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.
All criteria must be satisfied at the time a decision is made on the application.
186.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 186 visa.
186.211
If it is mandatory, in the State or Territory in which the position to which the application relates is located, that a person:
(a) hold a licence of a particular kind; or
(b) hold registration of a particular kind; or
(c) be a member (or a member of a particular kind) of a particular professional body;
to perform tasks of the kind to be performed in the occupation to which a position relates, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application.
186.212
The position to which the application relates will provide to the applicant the employment referred to in the application for approval.
186.212A
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
186.213
(1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.
(2) If the primary applicant has turned 18 at the time of application, the primary applicant satisfies public interest criterion 4019.
(3) Each person who is covered by subclause (4), (5) or (6) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020.
(4) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 186 visa.
(5) This subclause covers a person (the relevant person) if:
(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and
(b) the relevant person is an applicant for a Subclass 186 visa; and
(c) the Minister is satisfied that:
(i) the relevant person; or
(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant; or
(iii) a dependent child of the relevant person or of the primary applicant;
has experienced family violence committed by the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
(6) This subclause covers a person if:
(a) the person is an applicant for a Subclass 186 visa; and
(b) the person is a member of the family unit of a person covered by subclause (5).
(7) Each person:
(a) who either:
(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 186 visa; or
(ii) is covered by subclause (5) or (6); and
(b) who had turned 18 at the time of the primary applicant’s application;
satisfies public interest criterion 4019.
(8) If a person:
(a) either:
(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 186 visa; or
(ii) is covered by subclause (5) or (6); and
(b) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
(9) Each person:
(a) who is a member of the family unit of the primary applicant; and
(b) who is not an applicant for a Subclass 186 visa;
satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.
(10) Each person:
(a) who was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
(b) who is a member of the family unit of a person who is covered by subclause (5); and
(c) who is not an applicant for a Subclass 186 visa;
satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.
186.214
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each person covered by subclause 186.213(4), (5) or (6) satisfies special return criteria 5001, 5002 and 5010.
186.22—Criteria for Temporary Residence Transition stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 186 visa in the Temporary Residence Transition stream.
186.221
At the time of application, the applicant:
(a) had not turned 45; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
186.222
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
186.223
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that:
(i) identifies the applicant in relation to the position; and
(ii) is made in relation to a visa in a Temporary Residence Transition stream; and
(c) in relation to which the declaration mentioned in paragraph 1114B(3)(d) of Schedule 1 was made in the application for the grant of the visa.
(2) The Minister has approved the nomination.
(3) The nomination has not subsequently been withdrawn.
(3A) Either:
(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
(4) The position is still available to the applicant.
(5) The application for the visa is made no more than 6 months after the Minister approved the nomination.
186.224
(1) The applicant satisfies public interest criterion 4007.
(2) Each person covered by subclause 186.213(4), (5) or (6) satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 186 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
(4) Each person:
(a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member the family unit of the applicant; and
(b) who is a member of the family unit of an applicant who is covered by subclause 186.213(5) or (6); and
(c) who is not an applicant for a Subclass 186 visa;
satisfies public interest criterion 4007 unless it would be unreasonable to require the person to undergo assessment in relation to the criterion.
186.225
If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the occupation to which the position relates, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.
186.226
(1) During the period of 3 years immediately before the application for the visa is made, the applicant held one or more of the following for a total period of at least 2 years:
(a) a Subclass 457 (Temporary Work (Skilled)) visa;
(b) a Subclass 482 (Temporary Skill Shortage) visa;
(c) a Subclass 482 (Skills in Demand) visa;
(d) if the last substantive visa held by the applicant was a visa mentioned in paragraph (a), (b) or (c)—a bridging visa granted on the basis that the person was an applicant for a visa mentioned in paragraph (a), (b) or (c), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa.
(2) The Minister may, by legislative instrument, specify different periods of time for the purposes of subclause (1) for persons specified in the instrument.
186.227
(1) Subject to subclause (2), during the period of 3 years immediately before the application for the visa is made, the applicant was employed by an approved work sponsor in an occupation in relation to which the visa, or visas, mentioned in paragraph 186.226(1)(a), (b) or (c) were granted:
(a) for a total period of at least 2 years (not including any periods of unpaid leave); and
(b) on a full‑time basis, with the employment being undertaken in Australia.
(2) If the visa, or visas, mentioned in paragraph 186.226(1)(a), (b) or (c) were granted in relation to an occupation specified in an instrument made under subregulation 2.72(13)—during the period of 3 years immediately before the application is made, the applicant was employed by an approved work sponsor in the occupation for a total period of at least 2 years (not including any period of unpaid leave).
(3) The Minister may, by legislative instrument, specify different periods of time for the purposes of subclauses (1) and (2) for persons specified in the instrument.
186.23—Criteria for Direct Entry stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 186 visa in the Direct Entry stream.
186.231
At the time of application, the applicant:
(a) had not turned 45; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
186.232
At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
186.232A
(1) If, at the time of application:
(a) the applicant held a regional provisional visa; or
(b) the last substantive visa held by the applicant was a regional provisional visa;
the applicant must have held the visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
(2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).
186.233
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that:
(i) identifies the applicant in relation to the position; and
(ii) is made in relation to a visa in a Direct Entry stream; and
(iii) seeks to meet the requirements of subregulation 5.19(10); and
(b) in relation to which the declaration mentioned in paragraph 1114B(3)(d) of Schedule 1 was made in the application for the grant of the visa.
(2) The person who will employ the applicant is the person who made the nomination.
(3) The Minister has approved the nomination.
(4) The nomination has not subsequently been withdrawn.
(4A) Either:
(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
(5) The position is still available to the applicant.
(6) The application for the visa is made not more than 6 months after the Minister approved the nomination.
186.234
(1) At the time of application, subclause (2) or (3) applies.
(2) All of the following apply:
(a) the relevant assessing authority for the occupation has assessed the applicant’s skills as suitable for the occupation;
(aa) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
(ab) if the assessment specifies a period during which the assessment is valid, and the period does not end more than 3 years after the date of the assessment—the period has not ended;
(ac) if paragraph (ab) does not apply—not more than 3 years have passed since the date of the assessment;
(b) the applicant has been employed in the occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation.