(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
309.229
If a person (in this clause called 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.
309.3—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.
309.31—Criteria to be satisfied at time of application
309.311
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 309.21.
309.312
The sponsorship referred to in clause 309.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
309.32—Criteria to be satisfied at time of decision
309.321
(1) The applicant meets the requirements of subclause (2) or (3).
(2) The applicant:
(a) continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 309 (Partner (Provisional)) visa (the person who satisfies the primary criteria); or
(b) is a person to whom each of the following applies:
(i) the person made a combined application with the person who satisfies the primary criteria;
(ii) subsequent to the combined application being made, the person was found by the Minister not to be a member of the family unit of the person who satisfies the primary criteria;
(iii) subsequent to the person who satisfies the primary criteria being granted a Subclass 309 (Partner (Provisional)) visa and Subclass 100 (Partner) visa—the ART found the person to be a member of the family unit of the person who satisfies the primary criteria.
(3) If:
(a) the applicant made a combined application with a person (the primary person):
(i) who, having satisfied the primary criteria in Subdivision 309.21, is the holder of a Subclass 309 (Partner (Provisional)) visa; or
(ii) who has subsequently been granted a Subclass 100 (Partner) visa; and
(b) both of the following apply in relation to the sponsor of the primary person:
(i) the sponsor has at any time been an unauthorised maritime arrival;
(ii) the sponsor was an Australian permanent resident at the time the combined application was made;
the applicant is dependent on the primary person.
309.322
(1) The sponsorship referred to in clause 309.312 has been approved by the Minister and is still in force.
Note: For limitations on the Minister’s discretion to approve sponsorships see regulation 1.20J.
(2) Subclause (1) does not apply in relation to an applicant if:
(a) the applicant is a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 309 (Partner (Provisional)) visa; and
(b) clause 309.222 did not apply in relation to that person.
309.323
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
309.324
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
309.326
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
309.4—Circumstances applicable to grant
309.412
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
309.5—When visa is in effect
309.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until the end of the day on which:
(a) the holder is notified that the holder’s application for a Partner (Migrant) (Class BC) visa has been decided; or
(b) that application is withdrawn.
309.6—Conditions
309.611
First entry must be made before a date specified by the Minister for the purpose.
309.612
If the applicant meets the primary criteria, condition 8502 may be imposed.
309.613
If the applicant meets the secondary criteria, either or both of conditions 8502 and 8515 may be imposed.
Subclass 400—Temporary Work (Short Stay Specialist)
400.1—Interpretation
400.111
In this Part:
non‑ongoing, in relation to a person’s proposed engagement in work, means engagement in the following circumstances:
(a) the work is likely to be completed within a continuous period of 6 months or less;
(b) the person:
(i) has not been given an expectation of staying in Australia, for a purpose relating to the work, after the end of that period; and
(ii) has not made arrangements to stay in Australia, for a purpose relating to the work, after the end of that period.
400.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 400 visa include criteria set out in streams.
An applicant must satisfy the criteria in Subdivision 400.21 and also in one of Subdivisions 400.22 to 400.24.
An application for a Subclass 400 visa will be assessed against as many streams as necessary, whether or not the applicant specifies a particular stream in the application. The criteria in Subdivisions 400.22 to 400.24 will be used in turn as primary criteria for the grant of the visa as the application is assessed.
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.
400.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 400 visa.
400.211
(1) The applicant has personal attributes, an employment background, or both, that are relevant to, and consistent with, the nature of the applicant’s proposed participation in an event, or proposed engagement in an activity or work.
(2) The applicant demonstrates that there is need for the applicant to be in Australia to participate in the event, or engage in the activity or work.
400.213
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 400 visa would be subject; and
(c) any other relevant matter.
400.214
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
400.215
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
400.216
The applicant satisfies special return criteria 5001, 5002 and 5010.
400.22—Criteria for Highly Specialised Work stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Highly Specialised Work stream.
400.221
The applicant will undertake work that is highly specialised.
400.222
The applicant’s engagement in the work will be non‑ongoing.
400.223
The applicant:
(a) will not be performing as an entertainer in Australia:
(i) under a performing contract; or
(ii) for non‑profit purposes; and
(b) will not be supporting an entertainer or a group of entertainers in Australia; and
(c) will not be directing, producing or taking another part in a film, television or radio production that is to be shown or broadcast in Australia; and
(d) will not be directing, producing or taking another part in a theatre production, concert or recording that is to be performed in Australia.
400.224
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
400.225
(1) The applicant does not intend to engage in any course:
(a) leading to the completion of a primary or secondary education program; or
(b) leading to a degree, diploma, trade certificate or other formal award.
(2) The applicant does not intend to engage in any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution in or outside Australia.
400.24—Criteria for Australia’s Interest stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 400 visa in the Australia’s Interest stream.
400.241
(1) There are compelling circumstances that:
(a) affect Australia’s interests; and
(b) require the applicant’s entry to and stay in Australia.
(2) The applicant will participate in an event, or engage in an activity or work, that relates directly to those circumstances.
400.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
400.31—Criteria
400.311
The applicant:
(a) is a member of the family unit of a person who holds a Subclass 400 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with that person.
400.312
(1A) This clause applies to an applicant who is a member of the family unit of a person who holds a Subclass 400 visa in the Highly Specialised Work stream granted on the basis of satisfying the primary criteria for the grant of the visa.
(1) The applicant does not intend to engage in any course:
(a) leading to the completion of a primary or secondary education program; or
(b) leading to a degree, diploma, trade certificate or other formal award.
(2) The applicant does not intend to engage in any other course (other than a language training program) completion of which may be unconditionally credited towards, or accepted as a prerequisite for, a course of studies at a higher educational institution in or outside Australia.
400.313
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) any other relevant matter.
400.314
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
400.315
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
400.316
The applicant satisfies special return criteria 5001, 5002 and 5010.
400.4—Circumstances applicable to grant
400.411
The applicant must be outside Australia when the visa is granted.
400.5—When visa is in effect
400.511
Temporary visa permitting the holder:
(a) to travel to and enter Australia, within:
(i) 6 months after the date of the grant of the visa; or
(ii) a lesser period specified by the Minister; and
(b) to remain in Australia for:
(i) 6 months after first entry; or
(ii) a lesser period specified by the Minister; and
(c) to travel to and enter Australia, during the period mentioned in paragraph (b):
(i) once only; or
(ii) if the Minister specifies—more than once.
400.6—Conditions
400.611
If the applicant satisfied the primary criteria for the grant of a Subclass 400 visa:
(a) conditions 8107 and 8303 must be imposed; and
(b) condition 8503 may be imposed.
400.612
If the applicant satisfied the secondary criteria for the grant of a Subclass 400 visa:
(a) conditions 8101 and 8303 must be imposed; and
(b) condition 8503 may be imposed.
Subclass 403—Temporary Work (International Relations)
403.1—Interpretation
403.111
In this Part:
Australian signatory is a department or agency of:
(a) the Commonwealth; or
(b) a State or Territory;
that is a signatory to the relevant agreement.
foreign government agency has the meaning given by subregulation 2.57(1).
foreign signatory means a government, of a foreign country, that is a signatory to the relevant agreement.
relevant agreement means a written agreement that:
(a) is in effect; and
(b) is between:
(i) a department or agency of the Commonwealth, a State or a Territory; and
(ii) a government of a foreign country; and
(c) is at least partly for the purpose of facilitating the temporary entry of people to Australia; and
(d) is not an agreement or arrangement, or a type of agreement or arrangement, that is specified by the Minister in an instrument in writing for this paragraph.
Note: For Foreign Minister: see regulation 1.03. For adverse information: see regulation 1.13A.
403.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 403 visa include criteria set out in streams.
An applicant must satisfy the criteria in Subdivision 403.21 and also in one of Subdivisions 403.22 to 403.29.
If an applicant applies for a Subclass 403 visa in the Mobility Arrangement for Talented Early‑professionals Scheme stream, the criteria in Subdivisions 403.21 and 403.26 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 403 visa and specifies a stream other than the Mobility Arrangement for Talented Early‑professionals Scheme stream or does not specify a particular stream, the application will be assessed against as many streams (other than the Mobility Arrangement for Talented Early‑professionals Scheme stream) as is necessary. The criteria in Subdivisions 403.22 to 403.25 and 403.29 will be used in turn as primary criteria for the grant of the visa as the application is assessed.
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.
403.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 403 visa.
403.211
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
403.212
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 403 visa would be subject; and
(c) any other relevant matter.
403.213
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
403.214
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
403.215
The applicant satisfies special return criteria 5001, 5002 and 5010.
403.22—Criteria for Government Agreement stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Government Agreement stream.
403.221
If the applicant was in Australia at the time of application:
(a) at that time, the applicant held a substantive temporary visa that was not:
(i) a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(iii) a Subclass 771 (Transit) visa; or
(iv) a special purpose visa; or
(b) if the applicant did not hold a substantive visa at that time:
(i) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
403.222
(1) The applicant will be engaged in work, or an activity, in Australia in accordance with the terms and conditions of a relevant agreement.
(2) The applicant meets the requirements of the relevant agreement.
(3) An Australian signatory agrees to the applicant’s stay in Australia.
(4) The foreign signatory agrees to the applicant’s stay in Australia.
(5) If the foreign signatory is not the national government of the relevant foreign country, the national government of the foreign country does not oppose the applicant’s stay in Australia.
403.223
If the Minister has required the applicant to provide a letter from an Australian signatory stating that the Australian signatory is satisfied that:
(a) the applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards; and
(b) the applicant has complied with any licensing, registration or equivalent requirements associated with the applicant’s employment or engagement;