(a) the person 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) the person is an applicant for a Subclass 836 visa; and
(c) the person is a member of the family unit of a person covered by subclause (3).
836.224A
(1) Each person:
(a) who is a member of the family unit of the applicant; and
(b) who is not an applicant for a Subclass 836 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(2) 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 of the family unit of the applicant; and
(b) who is a member of the family unit of a person covered by subclause 836.224(3) or (4); and
(c) who is not an applicant for a Subclass 836 visa;
satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
836.225
If a person (in this clause called the additional applicant):
(a) is a person covered by subclause 836.224(2), (3) or (4); 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.
836.226
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
836.227
The sponsorship mentioned in clause 836.213 has been approved by the Minister and is still in force.
836.3—Secondary criteria
Note: These criteria are for applicants seeking to satisfy the secondary criteria.
836.31—Criteria to be satisfied at time of application
836.311
(1) The applicant:
(a) is a member of the family unit of a person (the primary applicant) who:
(i) has applied for an Other Family (Residence) (Class BU) visa; and
(ii) on the basis of the information provided in the application, appears to satisfy the criteria in Subdivision 836.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person; or
(b) is a member of the family unit of a person covered by subclause (2).
(2) This subclause covers a person (the relevant person) if:
(a) the relevant person was, at the time of the relevant person’s application for the visa, the spouse or de facto partner of the primary applicant; and
(b) the relevant person made a combined application with the primary applicant; and
(c) the relationship between the relevant person and the primary applicant has ceased; and
(d) one or more of the following has experienced family violence committed by the primary applicant:
(i) the relevant person;
(ii) a member of the family unit of the relevant person or the primary applicant;
(iii) a dependent child of the relevant person or primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
836.312
(1) The sponsorship mentioned in clause 836.213 of the person who satisfies the primary criteria includes sponsorship of the applicant.
(2) Subclause (1) does not apply if paragraph 836.311(1)(b) applies to the applicant.
836.32—Criteria to be satisfied at time of decision
836.321
(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 836 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 836 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 836 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 836 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
836.322
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.
836.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
836.325
(1) The applicant is sponsored:
(a) by an Australian relative for the applicant, an Australian relative for the primary applicant mentioned in subclause 836.321(2), (3) or (4) or an Australian relative for an applicant who meets the requirements of subclause 836.321(3) or (4), if the relative:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) is usually resident in Australia; or
(b) by the spouse or de facto partner of the relative, 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; and
(iii) is usually resident in Australia; and
(iv) cohabits with the Australian relative.
(2) The sponsorship is approved by the Minister and is in force.
836.326
(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 836.321(3) or (4).
(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 836 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020.
(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 836 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
(4) 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 836 visa and who has not turned 18 at the time of decision.
(5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 836 visa:
(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 member to undergo assessment in relation to that criterion.
836.4—Circumstances applicable to grant
836.411
The applicant must be 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, unless the applicant is a person in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer.
836.5—When visa is in effect
836.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
836.6—Conditions: Nil.
Subclass 837—Orphan Relative
837.1—Interpretation
837.111
In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note: dependent child, eligible New Zealand citizen, relative and settled are defined in regulation 1.03, orphan relative is defined in regulation 1.14, 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).
837.2—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 only satisfy the secondary criteria.
837.21—Criteria to be satisfied at time of application
837.211
If the applicant is a person to whom section 48 of the Act applies, the applicant:
(a) has not been refused a visa or had a visa cancelled under section 501 of the Act; and
(b) since last applying for a substantive visa:
(i) has become an orphan relative of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
(ii) became an orphan relative of the person mentioned in subparagraph (i) and is no longer an orphan relative only because the applicant has been adopted by that person.
837.212
The applicant is:
(a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
(b) a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
(iii) satisfies Schedule 3 criterion 3002.
837.213
The applicant:
(a) is an orphan relative of an Australian relative of the applicant; or
(b) is not an orphan relative only because the applicant has been adopted by the Australian relative mentioned in paragraph (a).
837.214
The applicant is sponsored:
(a) by the Australian relative, if the relative:
(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 spouse or de facto partner of the Australian relative, 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; and
(iii) cohabits with the Australian relative.
837.22—Criteria to be satisfied at time of decision
837.221
The applicant:
(a) continues to satisfy the criterion in clause 837.213; or
(b) does not continue to satisfy that criterion only because the applicant has turned 18.
837.222
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.
837.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.
837.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 837 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020.
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 837 visa:
(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 in relation to that criterion.
837.225
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
837.226
The sponsorship mentioned in clause 837.214 has been approved by the Minister and is still in force.
Note: Regulation 1.20KB limits the Minister’s discretion to approve sponsorships.
837.3—Secondary criteria
Note: If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.
837.31—Criteria to be satisfied at time of application
837.311
The applicant is a member of the family unit of a person who:
(a) has applied for a Child (Residence) (Class BT) visa; and
(b) on the basis of the information provided in the application, appears to satisfy the criteria in Subdivision 837.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
837.312
The sponsorship mentioned in clause 837.214 of the person who satisfies the primary criteria includes sponsorship of the applicant.
837.32—Criteria to be satisfied at time of decision
837.321
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 837 visa.
837.322
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021.
837.323
If the Minister has requested an assurance of support in relation to the person who satisfies 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.
837.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
837.325
The sponsorship mentioned in clause 837.312 has been approved by the Minister and is still in force.
837.4—Circumstances applicable to grant
837.411
The applicant must be 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.
837.5—When visa is in effect
837.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
837.6—Conditions: Nil.
Subclass 838—Aged Dependent Relative
838.1—Interpretation
838.111
In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note: aged dependent relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03.
838.2—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.
838.21—Criteria to be satisfied at time of application
838.211
The applicant is:
(a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
(b) a person who:
(i) is not the holder of a substantive visa; and
(ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
(iii) satisfies Schedule 3 criterion 3002.
838.212
The applicant is an aged dependent relative of an Australian relative.
838.213
The applicant is sponsored:
(a) by the Australian relative, if the Australian relative:
(i) has turned 18; and
(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
(iii) is usually resident in Australia; or
(b) by the spouse or de facto partner of the Australian relative, 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 New Zealand citizen; and
(iii) is usually resident in Australia; and
(iv) cohabits with the Australian relative.
838.22—Criteria to be satisfied at time of decision
838.221
The applicant continues to satisfy the criterion in clause 838.212.
838.222
The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.
838.223
The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.
838.224
(1) Each member of the family unit of the applicant who is an applicant for a Subclass 838 visa is a person who: