(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.
884.213
If the applicant is not the holder of a substituted Subclass 600 visa, the applicant satisfies the balance of family test.
884.22—Criteria to be satisfied at time of decision
884.221
The applicant continues to satisfy the criterion in subclause 884.212(1).
884.222
A sponsorship of the kind mentioned in clause 884.212, approved by the Minister, is in force, 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 clause 884.212.
884.224
The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.
Item
If the applicant …
the public interest criteria to be satisfied by the applicant are ...
1
was not the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and<br>(b) if the applicant had turned 18 at the time of application—4019
2
was the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4007, 4009, 4010, 4020 and 4021; and<br>(b) if the applicant had turned 18 at the time of application—4019
884.225
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
884.226
Each member of the family unit of the applicant who is an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa:
(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant; and
(b) if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the applicant.
Item
If the applicant …
the public interest criteria to be satisfied by the member of the family unit are …
and if the member of the family unit has previously been in Australia, the special return criteria are …
1
was not the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and<br>(b) if the applicant had turned 18 at the time of application—4019
5001, 5002 and 5010
2
was the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4007, 4009, 4010 and 4020; and<br>(b) if the applicant had turned 18 at the time of application—4019
5001, 5002 and 5010
884.227
Each member of the family unit of the applicant who is not an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa must satisfy the public interest criteria mentioned in the item in the table that applies to the applicant.
Item
If the applicant was …
the public interest criteria to be satisfied by the member of the family unit are ...
1
not the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4004; and<br>(b) 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
2
the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002 and 4003; and<br>(b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion
884.228
If a person (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.
884.229
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
884.3—Secondary criteria
884.31—Criteria to be satisfied at time of application
884.311
Either:
(a) 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 884.21; or
(b) each of the following applies:
(i) the applicant is a member of the family unit of a person (the other applicant) who:
(A) has applied for a Contributory Aged Parent (Temporary) (Class UU) visa; and
(B) on the basis of the information provided in his or her application, appears to satisfy the primary criteria in Subdivision 884.21;
(ii) the Minister has not decided to grant or refuse to grant the visa to the other applicant.
884.312
A sponsorship of the kind mentioned in clause 884.212 of the person who satisfies the primary criteria, approved by the Minister:
(a) is in force; and
(b) includes sponsorship of the applicant.
884.32—Criteria to be satisfied at time of decision
884.321
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 884 (Contributory Aged Parent (Temporary)) visa.
884.322
One of the following applies:
(a) a sponsorship of the kind mentioned in clause 884.212 of the person who satisfies the primary criteria, approved by the Minister:
(i) is in force; and
(ii) includes sponsorship of the applicant;
whether or not the sponsor was the sponsor at the time of application.
(b) the applicant is a contributory parent newborn child who is sponsored by the person who sponsored the contributory parent newborn child’s parent for a Subclass 884 (Contributory Aged Parent (Temporary)) visa or a Subclass 864 (Contributory Aged Parent) visa, and the contributory parent newborn child’s sponsorship has been approved by the Minister;
(c) the applicant is a contributory parent newborn child who is taken to be sponsored in accordance with clause 884.322A.
884.322A
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 864.213(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 864 (Contributory Aged Parent) visa at the time of the contributory parent newborn child’s application;
(ii) the person who sponsored the parent for the Subclass 864 (Contributory Aged 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 884 (Contributory Aged Parent (Temporary)) visa; or
(B) a bridging visa, and the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa;
(ii) the person who sponsored the parent for the Subclass 884 (Contributory Aged Parent (Temporary)) visa has died.
884.323
For an applicant who is not a contributory parent newborn child, the applicant satisfies the criteria mentioned for the applicant in an item in the table that relates to the applicant.
Item
If the applicant is a member of the family unit of a person who is mentioned in clause 884.321, and the person …
the public interest criteria to be satisfied by the applicant are ...
1
was not the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4004, 4005, 4009 and 4010; and<br>(b) if the applicant had turned 18 at the time of application—4019
2
was the holder of a substituted Subclass 600 visa at the time of application
(a) 4001, 4002, 4003, 4007, 4009 and 4010; and<br>(b) if the applicant had turned 18 at the time of application—4019
884.324
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
884.325
If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
884.326
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.
884.327
If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.
884.328
The applicant satisfies public interest criteria 4020 and 4021.
884.4—Circumstances applicable to grant
884.411
If the applicant is not a contributory parent newborn child, 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.
884.412
If the applicant is a contributory parent newborn child, the applicant may be in Australia or outside Australia when the visa is granted.
884.5—When visa is in effect
884.511
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.
884.512
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.
884.6—Conditions: Nil.
Subclass 887—Skilled—Regional
887.1—Interpretation
887.111
(1) In this Part:
specified regional area, for an applicant who applies for a Subclass 887 visa, means a part of Australia identified in accordance with subclause (2) or (3).
(2) If an applicant applies for the Subclass 887 visa on the basis of having held:
(a) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(b) a Skilled (Provisional) (Class VC) visa that is subject to condition 8549; or
(c) a Skilled (Provisional) (Class VF) visa that is subject to condition 8549; or
(d) a Subclass 475 (Skilled—Regional Sponsored) visa in relation to which:
(i) the application for the visa was made on or after 1 July 2010; and
(ii) the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; and
(iii) the visa was granted on the basis that the requirements of subclause 475.222(3) were satisfied; or
(e) a Subclass 487 (Skilled—Regional Sponsored) visa in relation to which:
(i) the application for the visa was made on or after 1 July 2010; and
(ii) the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; and
(iii) the visa was granted on the basis that the requirements of subclause 487.225(3) were satisfied; or
(f) a Skilled—Regional Sponsored (Provisional) (Class SP) visa that is subject to condition 8549;
a specified regional area is a part of Australia that, at the time at which a visa of that kind was first granted to the applicant, was specified by the Minister in an instrument in writing under item 6701 of Schedule 6 or was a designated area.
(3) If an applicant applies for the Subclass 887 visa on the basis of having held:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa; or
(b) a Skilled (Provisional) (Class VC) visa that is subject to condition 8539; or
(c) a Skilled (Provisional) (Class VF) visa that is subject to condition 8539; or
(d) a Subclass 475 (Skilled—Regional Sponsored) visa in relation to which:
(i) the application for the visa was made on or after 1 July 2010; and
(ii) in making the application, the requirements of subitem 1228(3A) of Schedule 1 were satisfied; and
(iii) the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; or
(e) a Subclass 487 (Skilled—Regional Sponsored) visa in relation to which:
(i) the application for the visa was made on or after 1 July 2010; and
(ii) in making the application, the requirements of subitem 1229(3A) of Schedule 1 were satisfied; and
(iii) the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; or
(f) a Skilled—Regional Sponsored (Provisional) (Class SP) visa that is subject to condition 8539;
a specified regional area is a part of Australia that, at the time at which a visa of that kind was first granted to the applicant, was specified by the Minister in an instrument in writing under item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D.
887.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.
887.21—Criteria to be satisfied at time of application
887.211
The applicant meets the requirements set out in subitem 1136(7) of Schedule 1.
887.212
(1) Subject to subclause (2), the applicant must have lived in a specified regional area for a total of at least 2 years as the holder of 1 or more of the following visas:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa;
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
(c) a Subclass 475 (Skilled—Regional Sponsored) visa;
(d) a Subclass 487 (Skilled—Regional Sponsored) visa;
(e) a Skilled—Regional Sponsored (Provisional) (Class SP) visa;
(f) a Bridging A (Class WA) visa, or a Bridging B (Class WB) visa, that was granted on the basis of a valid application for:
(i) a Skilled—Independent Regional (Provisional) (Class UX) visa; or
(ii) a Skilled (Provisional) (Class VC) visa; or
(iii) a Skilled—Regional Sponsored (Provisional) (Class SP) visa.
(2) For the purposes of working out the length of time the applicant has lived in a specified regional area, the applicant is taken to have lived in a specified regional area for a period of 6 months (or such longer period as the Minister specifies in a legislative instrument under subclause (3)) if the applicant:
(a) was outside Australia during a concession period; and
(b) made the application outside Australia during the concession period; and
(c) either:
(i) is the holder of a visa mentioned in subclause (1); or
(ii) was the holder of a visa mentioned in subclause (1) that expired during the concession period.
(3) The Minister may, by legislative instrument, specify a longer period for the purposes of subclause (2).
887.213
(1) The applicant must have worked full‑time in a specified regional area:
(a) for a total of at least one year as the holder of one or more of the visas mentioned in subclause 887.212(1); or
(b) if subclause (2) applies—for a total of 9 months (or such shorter period as the Minister specifies for the purposes of this paragraph in a legislative instrument under subclause (3)) as the holder of one or more of the visas mentioned in subclause 887.212(1).
(2) This subclause applies if the applicant held a visa mentioned in subclause 887.212(1) during a concession period and made the application no later than 3 months after the end of the concession period.
(3) The Minister may, by legislative instrument, specify a shorter period for the purposes of paragraph (1)(b).
887.22—Criteria to be satisfied at time of decision
887.221
(1) While the applicant was the holder of:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa; or
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(c) a Subclass 475 (Skilled—Regional Sponsored) visa; or
(d) a Subclass 487 (Skilled—Regional Sponsored) visa; or
(e) a Skilled—Regional Sponsored (Provisional) (Class SP) visa;
the applicant must have substantially complied with the conditions to which that visa is or was subject.
(2) While a person included in the application (other than the applicant) was the holder of:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa; or
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(c) a Subclass 475 (Skilled—Regional Sponsored) visa; or
(d) a Subclass 487 (Skilled—Regional Sponsored) visa; or
(e) a Skilled—Regional Sponsored (Provisional) (Class SP) visa;
that person must have substantially complied with the conditions to which that visa is or was subject.
887.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
887.224
The applicant satisfies special return criteria 5001, 5002 and 5010.
887.225
(1) Each person who is covered by subclause (2), (3) or (4):
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010 and 4020; and
(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(c) satisfies special return criteria 5001, 5002 and 5010.
(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 887 visa.
(3) This subclause covers a person (the relevant person) if: