(d) if proposing to undertake year 11 studies—less than 19 years old when commencing year 11; and
(e) if proposing to undertake year 12 studies—less than 20 years old when commencing year 12.
500.217
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, public interest criteria 4012A, 4017 and 4018 are satisfied in relation to the applicant.
(3) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(4) The applicant (other than a Foreign Affairs student or a Defence Student) satisfies public interest criterion 4005.
(5) The applicant, being a Foreign Affairs student or a Defence Student, satisfies public interest criterion 4007.
(6) If the applicant’s course of study or intended course of study is a postgraduate research course, the applicant satisfies public interest criterion 4003B.
500.218
The applicant satisfies special return criteria 5001, 5002 and 5010.
500.3—Secondary criteria
Note: Requirements to be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
500.311
The applicant is a member of the family unit of a person (the primary person) who holds a student visa, having satisfied the primary criteria for that visa, and either:
(a) the applicant became a member of the family unit of the primary person before the grant of the student visa to the primary person, and was included in:
(i) the primary person’s application under subregulation 2.07AF(3); or
(ii) information provided in relation to the primary person’s application under subregulation 2.07AF(4); or
(b) the applicant became a member of the family unit of the primary person:
(i) after the grant of the student visa to the primary person; and
(ii) before the application was made.
500.312
The applicant is a genuine applicant for entry and stay as a member of the family unit of a person who holds a student visa, having satisfied the primary criteria for that visa:
(a) having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) if the applicant is a minor—the intentions of a parent, legal guardian or spouse of the applicant; and
(b) because the applicant intends to comply with any conditions subject to which the visa is granted, having regard to:
(i) the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii) the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c) because of any other relevant matter.
500.313
(1) The applicant will have genuine access to funds of a kind mentioned in subclause (2) and, if subclause (3) applies, subclause (3).
(2) While the applicant holds the visa, sufficient funds will be available to meet:
(a) the costs and expenses of the applicant during the applicant’s intended stay in Australia; and
(b) the costs and expenses of each member of the applicant’s family unit (if any) who will be in Australia.
(3) If required to do so by the Minister, in writing or by use of a computer program available online, at any time, the applicant gives to the Minister evidence of financial capacity that satisfies the requirements specified in an instrument under subclause (4).
Note: For arrangements for the use of a computer program, see section 495A of the Act.
(4) The Minister may, by legislative instrument, specify requirements for the purposes of subclause (3).
500.314
The applicant gives to the Minister evidence of adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
500.315
If:
(a) the applicant is a school‑age dependant of the primary person mentioned in clause 500.311; and
(b) the period of stay proposed in the application is more than 3 months;
the applicant gives to the Minister evidence that adequate arrangements have been made for the education of the applicant in Australia.
500.316
(1) If the applicant is a member of the family unit of a Foreign Affairs student, the applicant has the support of the Foreign Minister for the grant of the visa.
(2) If the applicant is a member of the family unit of a Defence student, the applicant has the support of the Defence Minister for the grant of the visa.
500.317
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
(3) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(4) The applicant (other than a member of the family unit of a Foreign Affairs student or a Defence Student) satisfies public interest criterion 4005.
(5) The applicant, being a member of the family unit of a Foreign Affairs student or Defence Student, satisfies public interest criterion 4007.
(6) If:
(a) the applicant is a member of the family unit of a person who holds a Subclass 500 (Student) visa, having satisfied the primary criteria for that visa; and
(b) the person’s course of study or intended course of study is a postgraduate research course;
the applicant satisfies public interest criterion 4003B.
500.318
The applicant satisfies special return criteria 5001, 5002 and 5010.
500.4—Circumstances applicable to grant
500.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
500.5—When visa is in effect
500.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
500.6—Conditions
500.611
(1) If the applicant satisfies the primary criteria, the following conditions must be imposed:
(a) in all cases, conditions 8105, 8202, 8501, 8516, 8517, 8532 and 8533;
(aa) in all cases, condition 8208;
(b) if the applicant is a citizen of Iran and intends to undertake a higher education course or a postgraduate research course, condition 8203;
(c) if the applicant is a citizen of Iran and intends to undertake a course of study other than a higher education course or a postgraduate research course, condition 8204;
(d) if the applicant is a Foreign Affairs student or Defence student, condition 8535.
(2) If the applicant satisfies the primary criteria, the following conditions may be imposed:
(a) if the applicant is provided with financial assistance by the Commonwealth or the government of a foreign country, condition 8535;
(b) either or both of conditions 8303 and 8534.
500.612
(1) If the applicant satisfies the secondary criteria, the following conditions must be imposed:
(a) in all cases, conditions 8104, 8208, 8501 and 8516;
(b) if the applicant has not turned 18, condition 8518;
(c) if the applicant has turned 18, condition 8201;
(d) if the applicant is a citizen of Iran, condition 8204.
(2) If the applicant satisfies the secondary criteria, conditions 8303 and 8534 may be imposed.
Subclass 590—Student Guardian
590.1—Interpretation
590.111
In this Part:
nominating student, for an applicant, means a person who:
(a) nominates the applicant on form 157N; and
(b) at the time of decision for the applicant, holds a student visa that was granted on the basis that the person met the primary criteria for the grant of the student visa.
590.2—Primary criteria
Note: An applicant must satisfy all primary criteria. All criteria must be satisfied at the time a decision is made on the application.
590.211
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) The applicant meets the requirements of this subclause if:
(a) the nominating student has not turned 18; and
(b) the applicant is able to:
(i) provide appropriate accommodation and support for the nominating student; and
(ii) provide for the general welfare of the nominating student; and
(c) the applicant is either:
(i) a parent of the nominating student or a person who has custody of the nominating student; or
(ii) a person who is a relative of the nominating student and who has turned 21; and
(d) if subparagraph (c)(ii) applies—the nomination of the applicant is supported in writing by:
(i) a parent of the nominating student; or
(ii) a person who has custody of the nominating student.
(3) The applicant meets the requirements of this subclause if:
(a) the nominating student has turned 18; and
(b) there are exceptional reasons why the nominating student needs the applicant to reside with the nominating student in Australia; and
(c) the applicant is able to:
(i) provide appropriate accommodation and support for the nominating student; and
(ii) provide for the general welfare of the nominating student; and
(d) the applicant is a person who:
(i) is a relative of the nominating student; and
(ii) has turned 21.
(4) An applicant meets the requirements of this subclause if:
(a) the grant of the visa to the applicant will significantly benefit the relationship between the government of Australia and the government of a foreign country; and
(b) the applicant has turned 21; and
(c) if the nominating student has not turned 18—the nomination of the applicant is supported in writing by:
(i) a parent of the nominating student; or
(ii) a person who has custody of the nominating student.
590.212
(1) The applicant has a genuine intention to reside in Australia with the nominating student.
(2) The nominating student has a genuine intention to reside in Australia with the applicant.
(3) Unless the applicant meets the requirements of subclause 590.211(4), the nominating student does not intend to reside in Australia with:
(a) a holder of a Subclass 580 or 590 visa other than the applicant; or
(b) a parent of the nominating student, or a person who has custody of the nominating student, other than the applicant.
Note: If the applicant meets the requirements of subclause 590.211(4), the nominating student may intend to reside with one or more holders of a Subclass 580 or 590 visa in addition to the applicant.
590.213
If any member of the family unit of the applicant has not turned 6:
(a) the applicant has established compelling and compassionate reasons for the grant of the visa; or
(b) the applicant satisfies the requirements of subclause 590.211(4).
590.214
The applicant has made appropriate arrangements, for the period of the applicant’s proposed stay in Australia, for the accommodation, support and general welfare of each member of the applicant’s family unit:
(a) who has not turned 18; and
(b) who does not hold a student visa.
590.215
The applicant is a genuine applicant for entry and stay as a student guardian because:
(a) the applicant intends genuinely to stay in Australia temporarily, having regard to:
(i) the applicant’s circumstances; and
(ii) the applicant’s immigration history; and
(iii) any other relevant matter; and
(b) the applicant intends to comply with any conditions to which the visa may be subject, having regard to:
(i) the applicant’s record of compliance with any condition of a visa previously held by the applicant (if any); and
(ii) the applicant’s stated intention to comply with any conditions to which the visa may be subject; and
(c) of any other relevant matter.
590.216
(1) The applicant will have genuine access to:
(a) funds of a kind mentioned in subclause (2); and
(b) funds that evidence financial capacity, as mentioned in subclause (3).
(2) While the applicant holds the visa, sufficient funds will be available to meet:
(a) the costs and expenses of the applicant during the applicant’s intended stay in Australia; and
(b) the costs and expenses of each member of the applicant’s family unit (if any) who will be in Australia; and
(c) unless the applicant meets the requirements of subclause 590.211(4), the costs and expenses of each nominating student.
(3) The applicant gives to the Minister evidence of financial capacity that satisfies the requirements specified in an instrument under subclause (4).
(4) The Minister may, by legislative instrument, specify requirements for the purposes of subclause (3).
590.217
The applicant gives to the Minister evidence of adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
590.218
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019, 4020 and 4021.
590.219
The applicant satisfies special return criteria 5001, 5002 and 5010.
590.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
590.311
The applicant is a member of the family unit of a person who satisfies the primary criteria in Division 590.2.
590.312
The applicant must not have turned 6.
590.313
The applicant gives to the Minister evidence of adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
590.314
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4017, 4018, 4020 and 4021.
590.315
The applicant satisfies special return criteria 5001 and 5002.
590.4—Circumstances applicable to grant
590.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
590.5—When visa is in effect
590.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
590.6—Conditions
590.611
(1) In the case of a visa granted to an applicant who meets the requirements of subclause 590.211(2) or (3)—conditions 8101, 8201, 8501, 8516, 8534, 8537 and 8538 must be imposed.
(2) In the case of a visa granted to an applicant who meets the requirements of subclause 590.211(4)—conditions 8106, 8201, 8501, 8516, 8534, 8537 and 8538 must be imposed.
590.612
In the case of a visa granted to an applicant who satisfies the secondary criteria for the grant of the visa—conditions 8101, 8501, 8502 and 8516 must be imposed.
Subclass 600—Visitor
600.1—Interpretation
Note 1: For business visitor activity: see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
600.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 600 visa include criteria set out in streams.
If an applicant applies for a Subclass 600 visa in the Tourist stream, the criteria in Subdivisions 600.21 and 600.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 600 visa in the Sponsored Family stream, the criteria in Subdivisions 600.21 and 600.23 are the primary criteria.
If an applicant applies for a Subclass 600 visa in the Business Visitor stream, the criteria in Subdivisions 600.21 and 600.24 are the primary criteria.
If an applicant applies for a Subclass 600 visa in the Approved Destination Status stream, the criteria in Subdivisions 600.21 and 600.25 are the primary criteria.
If an applicant applies for a Subclass 600 visa in the Frequent Traveller stream, the criteria in Subdivisions 600.21 and 600.26 are the primary criteria.
The primary criteria must be satisfied by all applicants.
All criteria must be satisfied at the time a decision is made on the application.
600.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 600 visa.
600.211
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 600 visa would be subject; and
(c) any other relevant matter.
600.212
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.
600.213
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.
600.214
The applicant satisfies special return criteria 5001, 5002 and 5010.
600.215
(1) If subclause (2) applies—exceptional circumstances exist for the grant of the visa.
(2) This subclause applies if the grant of the visa would result in the applicant being authorised to stay in Australia as the holder of one or more of the following visas for a total period of more than 12 consecutive months:
(a) one or more visitor visas;
(b) a Subclass 417 (Working Holiday) visa;
(c) a Subclass 462 (Work and Holiday) visa;
(d) a bridging visa.
600.22—Criteria for Tourist stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Tourist stream.
600.221
The applicant intends to visit Australia, or remain in Australia:
(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or
(b) for any other purpose that is not related to business or medical treatment.
600.222
If the applicant:
(a) is in Australia; and
(b) holds a student visa, or has been the holder of a student visa since last entering Australia;
the visa is not sought for the purpose of commencing, continuing or completing a registered course in which the applicant is enrolled.