(b) the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the applicant must have held that 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).
858.22—Criteria to be satisfied at time of decision
858.221
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009, 4010 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
858.223
(1) Each person who is covered by subclause (2), (3) or (4) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009 and 4010.
(2) This subclause covers a person:
(a) who is a member of the family unit of the applicant (the primary applicant); and
(b) who is also an applicant for a Subclass 858 visa.
(3) 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 858 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.
(4) This subclause covers a person if:
(a) the person is an applicant for a Subclass 858 visa; and
(b) the person is a member of the family unit of a person covered by subclause (3).
(5) Each person:
(a) who either:
(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 858 visa; or
(ii) is covered by subclause (3) or (4); and
(b) who had turned 18 at the time of the primary applicant’s application;
satisfies public interest criterion 4019.
(6) 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 858 visa;
satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004, and 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.
(7) 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 (3); and
(c) who is not an applicant for a Subclass 858 visa;
satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004, and 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.
858.224
If a person:
(a) either:
(i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 858 visa; or
(ii) is covered by subclause 858.223(3) or (4); and
(b) has not turned 18;
public interest criteria 4015 and 4016 are satisfied in relation to the person.
858.225
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
858.227
Unless the applicant meets the requirements of subclause 858.212(4):
(a) the applicant satisfies public interest criteria 4020; and
(b) each person covered by subclause 858.223(2), (3) or (4) satisfies public interest criterion 4020.
858.228
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each person covered by subclause 858.223(2), (3) or (4) satisfies special return criteria 5001, 5002 and 5010.
858.3—Secondary criteria
Note 1: These criteria are for applicants seeking to satisfy the secondary criteria.
Note 2: Whether a person is a member of the family unit of an applicant for a National Innovation (Class BX) visa who has not turned 18 is worked out under subregulation 1.12(2) or (7). Only subregulation 1.12(2) is relevant if the applicant has turned 18.
858.31—Criteria to be satisfied at time of application
858.311
The applicant is a member of the family unit of a person who:
(a) has applied for a National Innovation (Class BX) visa; and
(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 858.21;
and the Minister has not decided to grant or refuse to grant the visa to that other person.
858.32—Criteria to be satisfied at time of decision
858.321
(1) The applicant meets the requirements of subclause (2), (3), (3A) or (4).
(2) The applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person (the primary applicant) who holds a Subclass 858 visa granted on the basis of satisfying the primary criteria for the grant of the visa.
(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 858 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:
(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;
has experienced family violence committed by 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.
(3A) 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 858 visa; and
(b) the relationship between the primary applicant and the applicant has ceased; and
(c) one or more of the following:
(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;
has experienced family violence committed by 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; and
(e) 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)).
(4) 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 (3A); and
(b) the applicant has made a combined application with either the secondary applicant or the primary applicant mentioned in subclause (3) or (3A) (whichever applies to the secondary applicant); and
(c) a Subclass 858 visa has since been granted to the secondary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
858.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009, 4010 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
858.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
858.326
Unless the primary applicant mentioned in clause 858.321 in relation to the applicant met the requirements of subclause 858.212(4), the applicant satisfies public interest criteria 4020.
858.327
The applicant satisfies special return criteria 5001, 5002 and 5010.
858.328
(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 858.321(3A).
(2) Unless the secondary applicant was, at the time of application, the spouse or de facto partner of a primary applicant who met the requirements of subclause 858.212(4), each member of the family unit of the secondary applicant satisfies public interest criterion 4020.
(3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 858 visa satisfies:
(a) public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4009 and 4010; and
(b) special return criteria 5001, 5002 and 5010.
(4) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 858 visa and who has turned 18 at the time of application satisfies public interest criterion 4019.
(5) 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 858 visa and who has not turned 18 at the time of decision.
(6) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 858 visa:
(a) satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004; and
(b) satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion.
858.4—Circumstances applicable to grant
858.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
858.5—When visa is in effect
858.511
Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
858.6—Conditions
858.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
Subclass 864—Contributory Aged Parent
864.1—Interpretation
864.111
In this Part, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa means a person:
(a) who, at the time of application, holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
(b) who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or
(c) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application.
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).
864.2—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.
864.21—Criteria to be satisfied at time of application
864.211
(1) 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 criterion 3002.
(2) Subclause (1) does not apply to an applicant if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 864 (Contributory Aged Parent) visa.
864.212
The applicant is:
(a) the aged parent of a person (the child) who is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen; or
(ab) the holder of a substituted Subclass 600 visa, and is the parent of a person (the child) who is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen; or
(b) a person:
(i) who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(ii) who is no longer the parent of the child because the child has died; and
(iii) who is not the parent of another child; or
(c) a person:
(i) who is the holder of a substituted Subclass 600 visa; and
(ii) who was, before he or she was granted the substituted Subclass 600 visa, the holder of a Subclass 884 (Contributory) Aged Parent (Temporary)) visa that ceased to be in effect; and
(iii) who is no longer the parent of the child because the child has died; and
(iv) who is not the parent of another child; or
(d) a person:
(i) who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(ii) who, immediately before he or she was granted the Subclass 884 (Contributory Aged Parent (Temporary)) visa, was the holder of a substituted Subclass 600 visa.
864.213
(1) The applicant is:
(a) sponsored in accordance with subclause (2) or (3); or
(b) taken, under subclause (4), to be sponsored in accordance with this clause; or
(c) satisfies the criterion in paragraph 864.212(c).
(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 the 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 the 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.
(4) The applicant is taken to be sponsored in accordance with this clause if:
(a) the applicant:
(i) is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; or
(ii) both:
(A) was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
(B) is the holder of a substituted Subclass 600 visa at the time of application; and
(b) the person who sponsored the applicant for the Subclass 884 (Contributory Aged Parent (Temporary)) visa dies before the Subclass 884 (Contributory Aged Parent (Temporary)) visa ceases to be in effect; and
(c) there is no other sponsor available who could meet the requirements set out in subclause (2) or (3).
864.214
For an applicant who, at the time of application, is neither:
(a) the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; nor
(b) the holder of a substituted Subclass 600 visa;
the applicant satisfies the balance of family test.
864.22—Criteria to be satisfied at time of decision
864.221
(1) If the applicant met the requirement in paragraph 864.212(ab) at the time of application, the applicant continues to be the parent of the child mentioned in that paragraph.
(2) If the applicant met the requirement in paragraph 864.212(c) at the time of application, the applicant is not the parent of a child other than the child mentioned in subparagraph 864.212(c)(iii).
(3) If the applicant met another requirement in clause 864.212 at the time of application, the applicant continues to meet the requirement.
864.222
For an applicant who satisfies the criterion in paragraph 864.213(1)(a) or (b), if a sponsorship of the kind mentioned in subclause 864.213(2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:
(a) the sponsor at the time of application; or
(b) another sponsor who meets the requirements set out in subclause 864.213(2) or (3);
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 subclause 864.213(2) or (3).
864.222A
If clause 864.222 does not apply:
(a) the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; and