Migration Regulations 1994 (Cth)

Migration Regulations 1994

Statutory Rules No. 268, 1994

made under the

Migration Act 1958

Compilation No. 278

Compilation date: 1 November 2025

Includes amendments: F2025L01239

This compilation is in 4 volumes

Volume 1:regulations 1.01–5.45

Schedule 1

Volume 2: Schedule 2 (Subclasses 010–801)

Volume 3: Schedule 2 (Subclasses 802–995)

Schedules 3–5, 6D, 7A, 8–10 and 13

Volume 4: Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Migration Regulations 1994 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1PreliminaryDivision 1.1Introductory1.01Name of Regulations

These Regulations are the Migration Regulations 1994.

Division 1.2Interpretation

Note: This Division sets out definitions that apply to the Regulations as a whole. Elsewhere in the Regulations there may be definitions that have more limited application. A term defined in section 5 of the Act has the same meaning in the Regulations, in the absence of a contrary intention.

1.03Definitions

In these Regulations, unless the contrary intention appears:
AASES form, for a secondary exchange student, means an Acceptance Advice of Secondary Exchange Student form from the relevant State or Territory education authority, containing the following declarations:
(a)
a declaration made by the student’s exchange organisation, accepting the student;
(b)
a declaration made by the student’s parents, or the person or persons having custody of the student, agreeing to the exchange.
academic year means a period that is specified by the Minister as an academic year in an instrument in writing for this definition.
additional applicant charge means the charge explained in subregulation 2.12C(4).
adequate arrangements for health insurance means arrangements to be covered by health insurance:
(a)
that meet the requirements for health insurance specified in an instrument under regulation 1.15L for the purposes of this paragraph; or
(b)
if no such requirements are specified—that are adequate in the circumstances.
adoption has the meaning set out in regulation 1.04.
Note: adopt and adopted have corresponding meanings: see Acts Interpretation Act 1901, section 18A.
adoption compliance certificate means an adoption compliance certificate within the meaning of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023 or the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
Adoption Convention means the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption signed at The Hague on 29 May 1993.
Note: The text of the Adoption Convention is set out in Schedule 1 to the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
Adoption Convention country means a country that is a Convention country under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998.
adverse information has the meaning given by regulation 1.13A.
aged care service has the same meaning as in the Aged Care Act 1997.
aged dependent relative, in relation to a person who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means a relative who:
(a)
does not have a spouse or de facto partner; and
(b)
has been dependent on that person for a reasonable period, and remains so dependent; and
(c)
is old enough to be granted an age pension under the Social Security Act 1991.
aged parent means a parent who is old enough to be granted an age pension under the Social Security Act 1991.
aircraft safety inspector means a person who:
(a)
is employed by a foreign government to inspect the safety procedures of international air carriers or the safety of aircraft; and
(b)
travels to Australia on an aircraft in the course of that employment; and
(c)
will depart Australia on an aircraft in the course of that employment or as a passenger.
airline crew member means:
(a)
a person who:
(i)
is employed by an international air carrier as an aircrew member; and
(ii)
travels to Australia in the course of his or her employment as a member of the crew of an aircraft; and
(iii)
will depart Australia in the course of his or her employment as a member of the crew of, or a passenger on, an aircraft; or
(b)
an aircraft safety inspector.
airline positioning crew member means a person who:
(a)
is employed by an international air carrier as an aircrew member; and
(b)
travels to Australia in the course of his or her employment as a passenger on an aircraft; and
(c)
will depart Australia as a member of the crew of an aircraft.
annual market salary rate, for a proposed occupation nominated under section 140GB of the Act or an occupation in relation to which a position is nominated under regulation 5.19, means the earnings an Australian citizen or an Australian permanent resident earns or would earn for performing equivalent work on a full‑time basis for a year in the same workplace at the same location.
ANZSCO has the meaning specified by the Minister in an instrument in writing for this definition.
APEC means Asia‑Pacific Economic Co‑operation.
APEC economy means each of the following:
(a) Australia;
(b)
Brunei Darussalam;
(c)
Canada;
(d)
Chile;
(e)
PRC;
(f) Hong Kong;
(g)
Indonesia;
(h)
Japan;
(i)
the Republic of Korea;
(j)
Malaysia;
(k)
Mexico;
(l)
New Zealand;
(m)
Papua New Guinea;
(n)
Peru;
(o)
the Republic of the Philippines;
(p)
the Russian Federation;
(q)
Singapore;
(r)
Taiwan;
(s)
Thailand;
(t)
the United States of America;
(u)
Vietnam.
appropriate regional authority, in relation to a State or Territory and applications for visas of a particular class, means a Department or authority of that State or Territory that is specified in a legislative instrument made by the Minister in relation to the grant of visas of that class.
approved form means a form approved by the Minister under section 495 of the Act or regulation 1.18, and a reference to an approved form by number is a reference to the form so approved and numbered.
approved provider has the same meaning as in the Aged Care Act 1997.
Arts Minister means the Minister responsible for administering the National Gallery Act 1975.
ASCO means the Australian Standard Classification of Occupations, Second Edition, published by the Australian Bureau of Statistics on 31 July 1997.
Note: At the time this definition commenced, the standard was available at forces member means a person who:
(a)
is a member of the armed forces of Brunei, Fiji, Malaysia, Thailand or Tonga; and
(b)
is travelling to Australia, or is in Australia, in the course of his or her duty; and
(c)
holds military identity documents and movement orders issued from an official source of the relevant country.
assistance notice means a notice in writing, issued by the Minister, the Secretary or an SES employee or acting SES employee of the Department, in relation to a non‑citizen, advising that:
(a)
the non‑citizen is required in Australia to assist in the administration of criminal justice in relation to human trafficking, slavery or slavery‑like practices; and
(b)
satisfactory arrangements have been made to meet the cost of keeping the non‑citizen in Australia.
associated entity, of a person, means an entity that is an associated entity of the person under section 50AAA of the Corporations Act 2001, determined as if that section applied in relation to entities including a body of the Commonwealth, a State or a Territory.
associated with has a meaning affected by regulation 1.13B.
assurance of support, in relation to an application for the grant of a visa, means an assurance of support under Chapter 2C of the Social Security Act 1991.
AUD, in relation to an amount of money, means Australian dollars.
AusAID means the body that was known as the Australian Agency for International Development.
AusAID Minister means a Minister who was responsible for administering AusAID.
Australian child order has the meaning given by subsection 70L(1) of the Family Law Act 1975.
Note: Subsection 70L(1) of the Family Law Act 1975 provides that an Australian child order means:
(a) a Subdivision C parenting order; or
(b) a State child order.
Australian International Shipping Register means the Register established by subsection 56(2) of the Shipping Registration Act 1981.
Australian permanent resident means:
(a)
in relation to an applicant for a Return (Residence) (Class BB) visa—a non‑citizen who is the holder of a permanent visa; or
(b)
in any other case (other than in the case of an applicant for registration as a migration agent under Part 3 of the Act)—a non‑citizen who, being usually resident in Australia, is the holder of a permanent visa.
Note: For paragraph 294(1)(b) of the Act, regulation 6C of the Migration Agents Regulations 1998 specifies the persons who are Australian permanent residents for the purposes of an applicant for registration as a migration agent under Part 3 of the Act.
Australian relative, for an applicant, means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Australian study requirement has the meaning given by regulation 1.15F.
Australia Travel Declaration, in relation to the arrival of a person in Australia, means the digital declaration known by that name that is:
(a)
submitted by the person in respect of that arrival to the departmental system that processes such declarations; or
(b)
if the person has submitted one or more subsequent digital declarations in respect of that arrival—the most recently submitted declaration.
authorised officer means an officer authorised by the Secretary for the purposes of the provision in which it occurs.
award course means a course of education or training leading to:
(a)
the completion of a primary or secondary education program; or
(b)
a degree, diploma, trade certificate or other formal award.
balance of family test has the meaning set out in regulation 1.05.
base application charge means the charge explained in subregulation 2.12C(3).
bilateral adoption arrangement means an arrangement between Australia and another country that allows the adoption of a child from the other country to be recognised in Australia under the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023.
British National (Overseas) passport means a passport issued by the United Kingdom of Great Britain and Northern Ireland to a person who is identified in the passport as having a form of British nationality described as British National (Overseas).
business innovation and investment points test means the test set out in Schedule 7A.
Note: This test relates to Business Skills (Provisional) (Class EB) visas.
business visitor activity:
(a)
means any of the following activities undertaken by a person:
(i)
making a general business or employment enquiry;
(ii)
investigating, negotiating, entering into, or reviewing a business contract;
(iii)
an activity carried out as part of an official government to government visit;
(iv)
participation in a conference, trade fair or seminar in Australia unless the person is being paid by an organiser for participation; but
(b)
does not include either of the following activities:
(i)
an activity that is, or includes, undertaking work for, or supplying services to, an organisation or other person based in Australia;
(ii)
an activity that is, or includes, the sale of goods or services directly to the general public.
Note: An example for paragraph (b) is making a general business enquiry of an organisation based in Australia and also undertaking work for the organisation as part of investigating a business opportunity.
carer has the meaning given by regulation 1.15AA.
carried out for an excluded employer: see subregulation 1.15FB(1).
CEO of Austrade means the Chief Executive Officer of the Australian Trade and Investment Commission referred to in section 7B of the Australian Trade and Investment Commission Act 1985.
certifying entity has the meaning given by subregulation 1.15R(1).
clearance officer has the meaning given by section 165 of the Act.
Note: the definition is:
clearance officer means an officer, or other person, authorised by the Minister to perform duties for the purposes of [Division 5 of Part 2 of the Act].
client number means a client identification number generated by an electronic system maintained by or on behalf of Immigration.
close relative, in relation to a person, means:
(a)
the spouse or de facto partner of the person; or
(b)
a child, parent, brother or sister of the person; or
(c)
a step‑child, step‑brother or step‑sister of the person.
CNI number means a central names index number generated by the National Automated Fingerprint Identification System maintained by or on behalf of the Australian Criminal Intelligence Commission.
Commissioner means a Commissioner appointed under section 203 of the Act.
Commonwealth country means each of the following countries:
(a) Antigua;
(b)
Bahamas;
(c)
Barbados;
(d)
Belize;
(e)
Canada;
(f)
Grenada;
(g) Jamaica;
(h)
Mauritius;
(j)
New Zealand;
(k) Papua New Guinea;
(l)
Saint Lucia;
(m)
Saint Vincent and the Grenadines;
(n)
Solomon Islands;
(p)
St Christopher and Nevis;
(q)
Tuvalu;
(r)
the United Kingdom of Great Britain and Northern Ireland.
Commonwealth forces member means a person who:
(a)
is a member of the armed forces of a Commonwealth country; and
(b)
is travelling to Australia, or is in Australia, in the course of his or her duty; and
(c)
holds military identity documents and movement orders issued from an official source of the relevant country.
Commonwealth Medical Officer means a medical practitioner employed or engaged by the Australian government.
community safety order has the same meaning as in Division 395 of the Criminal Code.
community services includes the provision of an Australian social security benefit, allowance or pension.
compelling need to work has the meaning set out in regulation 1.08.
competent authority, in relation to an adoption (including a prospective adoption), means:
(a)
for Australia:
(i)
in the case of an adoption to which the Adoption Convention applies—a State Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998; and
(ii)
in the case of an adoption to which a bilateral adoption arrangement applies—a competent authority within the meaning of paragraph (b) of the definition of competent authority in subsection 4(1) of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023; and
(iii)
in any other case—the child welfare authorities of an Australian State or Territory; and
(b)
for an Adoption Convention country—a Central Authority within the meaning of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998; and
(c)
for an overseas jurisdiction that is declared under section 5 of the Family Law (Bilateral Arrangements—Intercountry Adoption) Regulations 2023 to be a prescribed overseas jurisdiction for the purposes of that instrument—a person, body or office in the prescribed overseas jurisdiction responsible for approving the adoption of children; and
(d)
for any other overseas country—a person, body or office in that overseas country responsible for approving the adoption of children.
competent English has the meaning given by regulation 1.15C.
complying entrepreneur activity: see regulation 5.19E.
complying investment—see regulation 5.19B.
complying premium investment: see regulation 5.19D.
complying significant investment: see regulation 5.19C.
concession period: see regulation 1.15N.
condition means a condition set out in a clause of Schedule 8, and a reference to a condition by number is a reference to the condition set out in the clause so numbered in that Schedule.
confirmation of enrolment, in relation to a student and a registered provider, means a confirmation by the registered provider that the student is enrolled in a registered course provided by the registered provider, as required by section 19 of the Education Services for Overseas Students Act 2000.
contact hours, for a course for a period, means the total number of hours in the period for which students enrolled in the course are scheduled to attend classes for teaching purposes, course‑related information sessions, supervised study sessions and examinations.
contributory parent newborn child means:
(a)
a child (other than an adopted child) of a parent, born at a time when that parent holds:
(i)
a Subclass 173 (Contributory Parent (Temporary)) visa; or
(ii)
a bridging visa if the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa; or
(b)
a child (other than an adopted child) of a parent, born at a time when that parent holds:
(i)
a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
(ii)
a bridging visa if the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa.
core skills income threshold means $73,150.
Note: This amount is indexed under regulation 5.42A.
COVID‑19 affected visa means an offshore COVID‑19 affected visa or an onshore COVID‑19 affected visa.
criminal detention has the meaning set out in regulation 1.09.
critical technology means:
(a)
technology of a kind specified for the purposes of this definition by the Minister under subregulation 1.15Q(2); or
(b)
property of every description (whether tangible or intangible) that is:
(i)
part of; or
(ii)
a result of; or
(iii)
used for the purposes of researching, testing, developing or manufacturing;
any technology of a kind specified for the purposes of this definition by the Minister under subregulation 1.15Q(2).
custody, in relation to a child, means:
(a)
the right to have the daily care and control of the child; and
(b)
the right and responsibility to make decisions concerning the daily care and control of the child.
Defence means the Department of Defence.
Defence Minister means the Minister for Defence.
Defence student has the meaning given in regulation 1.04B.
dependent has the meaning given by regulation 1.05A.
dependent child, of a person, means the child or step‑child of the person (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner), being a child or step‑child who:
(a)
has not turned 18; or
(b)
has turned 18 and:
(i)
is dependent on that person; or
(ii)
is incapacitated for work due to the total or partial loss of the child’s or step‑child’s bodily or mental functions.
designated APEC economy means an APEC economy specified in a legislative instrument made by the Minister for the purposes of this definition.

designated area means an area specified as a designated area by the Minister in an instrument in writing for this definition.

designated city or major regional centre has the meaning given by subregulation 1.15M(1).

designated foreign dignitary means a person to whom subregulation 3.06A(1) or (5) applies.

designated regional area means:

(a)
a designated city or major regional centre; or
(b)
a regional centre or other regional area.

earnings has a meaning affected by regulation 2.57A.

Education means the Department administered by the Education Minister.

Education Minister means the Minister administering the Australian Education Act 2013.

education provider, for a registered course in a location, means each institution, body or person that is a registered provider of the course in that location, for the Education Services for Overseas Students Act 2000.

electronic communication has the same meaning as in the Electronic Transactions Act 1999.

ELICOS means an English Language Intensive Course for Overseas Students that is a registered course.

eligible business has the meaning given to it in subsection 134(10) of the Act.

eligible New Zealand citizen means a New Zealand citizen who is a protected SCV holder within the meaning of section 7 of the Social Security Act 1991.

Employment Minister means the Minister responsible for employment policy, including employment services.

entertainment sponsor means a person who:

(a)
is an approved work sponsor; and
(b)
is approved as a work sponsor in relation to the entertainment sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

entry permit has the meaning given by subsection 4(1) of the Act as in force immediately before 1 September 1994, and includes an entry visa operating as an entry permit.

entry visa has the meaning given by subsections 4(1) and 17(5) of the Act as in force immediately before 1 September 1994.

ETA‑eligible passport has the meaning given in regulation 1.11B.

eVisitor eligible passport has the meaning given by regulation 1.11C.

financial institution means a body corporate that, as part of its normal activities, takes money on deposit and makes advances of money:

(a)
under a regulatory regime:
1. (i)
  governed by the central bank (or its equivalent) of the country in which the body corporate operates; and
2. (ii)
  that the Minister is satisfied provides effective prudential assurance; and
(b)
in a way that the Minister is satisfied complies with effective prudential assurance requirements.

fiscal year, in relation to a business or investment, means:

(a)
if there is applicable to the business or investment by law an accounting period of 12 months—that period; or
(b)
in any other case—a period of 12 months approved by the Minister in writing for that business or investment.

Foreign Affairs means the Department of Foreign Affairs and Trade.

Foreign Affairs recipient: see subregulation 1.04A(2).

Foreign Affairs student: see subregulation 1.04A(3).

foreign armed forces dependant means a person who:

(a)
is the spouse or de facto partner of, or a dependent relative of:
1. (i)
  an Asia‑Pacific forces member; or
2. (ii)
  a Commonwealth forces member; or
3. (iii)
  a SOFA forces member, other than one who is, for the purposes of a Status of Forces Agreement between Australia and Japan, a member of the armed forces of Japan; or
4. (iv)
  a SOFA forces civilian component member, other than one who is, for the purposes of a Status of Forces Agreement between Australia and Japan, a member of the civilian component of the armed forces of Japan; and
(b)
holds a valid national passport and a certificate that he or she is the spouse or de facto partner, or a dependent relative, of a person referred to in subparagraph (a)(i), (ii), (iii) or (iv); and
(c)
is accompanying or joining a person of that kind.

Foreign Minister means the Minister for Foreign Affairs.

foreign naval forces member means a person who forms part of the complement of a ship of the regular armed forces of a foreign government and is on board the ship.

funded aged care service has the same meaning as in the Aged Care Act 2024.

gateway airport has the meaning given by subregulation 5.41C(3).

General Skilled Migration visa means a Subclass 175, 176, 189, 190, 475, 476, 485, 487, 489, 491, 885, 886 or 887 visa, granted at any time.

government entity means:

(a)
a Department, agency or authority of the Commonwealth, a State or a Territory; or
(b)
a person who holds an office or appointment under a law of the Commonwealth, a State or a Territory.

guardian, in relation to a child, means a person who:

(a)
has responsibility for the long‑term welfare of the child; and
(b)
has, in relation to the child, all the powers, rights and duties that are vested by law or custom in the guardian of a child, other than:
1. (i)
  the right to have the daily care and control of the child; and
2. (ii)
  the right and responsibility to make decisions concerning the daily care and control of the child.

guest of Government means:

(a)
an official guest of the Australian government; or
(b)
a member of the immediate family of the official guest of the Australian Government, who is accompanying the official guest.

has an outstanding public health debt has the meaning given by regulation 1.15K.

home country, in relation to a person, means:

(a)
the country of which the person is a citizen; or
(b)
if the person is not usually resident in that country, the country of which the person is usually a resident.

Hong Kong means the Hong Kong Special Administrative Region of the People’s Republic of China.

Hong Kong passport means a Hong Kong Special Administrative Region of the People’s Republic of China passport.

human trafficking includes activities such as trafficking in persons, organ trafficking and debt bondage.

IELTS test means the International English Language Testing System test.

Immigration means the Department administered by the Minister administering the Migration Act 1958.

in Australia means in the migration zone.

international air carrier has the meaning given by subsection 504(6) of the Act.

international traveller has the meaning given by subregulation 5.41C(3).

Internet application means an application for a visa made using a form mentioned in paragraph 1.18(2)(b) that is sent to Immigration by electronic transmission using a facility made available at an Internet site mentioned in subparagraph 1.18(2)(b)(ii), in a way authorised by that facility.

labour agreement has the meaning given by subregulation 2.75C(1).

long stay activity sponsor means a person who:

(a)
is an approved work sponsor; and
(b)
is approved as a work sponsor in relation to the long stay activity sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

long‑term partner relationship, in relation to an applicant for a visa, means a relationship between the applicant and another person, each as the spouse or de facto partner of the other, that has continued:

(a)
if there is a dependent child (other than a step‑child) of both the applicant and the other person—for not less than 2 years; or
(b)
in any other case—for not less than 3 years.

Macau means the Macau Special Administrative Region of the People’s Republic of China.

main business has the meaning set out in regulation 1.11.

managed fund means an investment to which all of the following apply:

(a)
the investment is made by a member:
1. (i)
  acquiring interests in a managed investment scheme (within the meaning of the Corporations Act 2001); or
2. (ii)
  acquiring a financial product mentioned in paragraph 764A(1)(d), (e) or (f) of the Corporations Act 2001 that may result in a payment from an approved benefit fund (within the meaning of the Life Insurance Act 1995), or a statutory fund maintained under the Life Insurance Act 1995;
(b)
the investment is not able to be traded on a financial market (within the meaning of section 767A of the Corporations Act 2001);
(c)
if the investment is interests in a managed investment scheme—no representation has been made to any member of the scheme that the interests will be able to be traded on a financial market;
(d)
the issue of the interest or the financial product is covered by an Australian financial services licence issued under section 913B of the Corporations Act 2001.

Medical Officer of the Commonwealth means a medical practitioner appointed by the Minister in writing under regulation 1.16AA to be a Medical Officer of the Commonwealth for the purposes of these Regulations.

member of the crew, in relation to a non‑military ship or superyacht:

(a)
means any of the following persons:
1. (i)
  a person who is involved in the usual day to day routine maintenance or business of the ship or superyacht while it is at sea, including a supernumerary member of the crew;
2. (ii)
  for a ship described in subparagraph (a)(ii) of the definition of non‑military ship—a person who is engaged in scientific research conducted on or from the ship;

whether the person works as an employee, a contractor or in another capacity; but

(b)
does not include a person who only works on a ship or superyacht while it is in port or dry dock unless that person:
1. (i)
  travelled with the ship or superyacht to reach the port or dry dock; or
2. (ii)
  travels with the ship or superyacht after completing the work in port or dry dock.

member of the family unit has the meaning set out in regulation 1.12.

Note: For member of the same family unit, see subsection 5(1) of the Act.

member of the immediate family has the meaning given by regulation 1.12AA.

member of the Royal Family means a member of the Sovereign’s immediate family.

member of the Royal party includes:

(a)
a member of the personal staff of the Sovereign who is accompanying the Sovereign in Australia; and
(b)
a member of the personal staff of a member of the Royal Family, being a staff member who is accompanying that member of the Royal Family in Australia; and
(c)
a media representative accompanying the official party of the Sovereign or of a member of the Royal Family in Australia; and
(d)
a person who is accompanying the Sovereign or a member of the Royal Family in Australia as a member of the official party of the Sovereign or the member of the Royal Family.

Migration (1959) Regulations means the Regulations comprising Statutory Rules 1959 No. 35 and those Regulations as amended from time to time.

Migration (1989) Regulations means the Regulations comprising Statutory Rules 1989 No. 365 and those Regulations as amended from time to time.

Migration (1993) Regulations means the Regulations comprising Statutory Rules 1992 No. 367 and those Regulations as amended from time to time.

Note: The Migration (1993) Regulations are listed in full in Part 1 of the Schedule to the Migration Reform (Transitional Provisions) Regulations. They are repealed by regulation 42 of those Regulations but continue to apply to certain matters.

nomination end day, in relation to a nomination under subsection 140GB(1) of the Act, means the day 3 months after the sponsorship end day in relation to the nomination.

nominator has the meaning given by regulation 1.13.

non‑award course means a course of education or training that is not an award course.

non‑Internet application charge means the charge explained in subregulations 2.12C(7) to (9).

non‑military ship:

(a)
means a ship:
1. (i)
  that is engaged in:
  1. (A)
    commercial trade; or
  2. (B)
    the carriage of passengers for reward; or
2. (ii)
  that is owned and operated by a foreign government for the purposes of scientific research; or
3. (iii)
  that has been accorded public vessel status by Foreign Affairs; or
4. (iv)
  that:
  1. (A)
    has been imported under section 49A of the Customs Act 1901; and
  2. (B)
    is registered in the Australian International Shipping Register; or
5. (v)
  that:
  1. (A)
    has been entered for home consumption under section 71A of that Act; and
  2. (B)
    is registered in the Australian International Shipping Register; and
(b)
does not include a ship:
1. (i)
  that:
  1. (A)
    has been imported under section 49A of the Customs Act 1901; and
  2. (B)
    is not registered in the Australian International Shipping Register; or
2. (ii)
  that:
  1. (A)
    has been entered for home consumption under section 71A of that Act; and
  2. (B)
    is not registered in the Australian International Shipping Register.

non‑monetary benefits has the meaning given by subregulation 2.57A(3).

office of Immigration includes an office occupied by an officer of Immigration at an airport or a detention centre.

offshore COVID‑19 affected visa means:

(a)
a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(1); or
(b)
a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2).

onshore COVID‑19 affected visa means:

(a)
a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(2A); or
(b)
a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2B).

oral application, in relation to a visa, means an application made in accordance with regulation 2.09.

orphan relative has the meaning set out in regulation 1.14.

outside Australia means outside the migration zone.

outstanding: a parent visa application is outstanding if none of the following has occurred:

(a)
the application has been withdrawn;
(b)
each decision that has been made in respect of the application is not, or is no longer, subject to any form of review by the ART or judicial review proceedings (including proceedings on appeal);
(c)
a decision that has been made in respect of the application was subject to review by the ART or judicial review proceedings (including proceedings on appeal) but the period within which such a review or such review proceedings could be instituted has ended without a review or review proceedings having been instituted as prescribed.

overseas business sponsor means a standard business sponsor who was lawfully operating a business outside Australia and was not lawfully operating a business in Australia at the time:

(a)
the approval as a standard business sponsor was granted; or
(b)
if a term of the approval as a standard business sponsor has been varied—of the most recent variation.

overseas flight has the meaning given by subregulation 5.41C(3).

overseas passenger means:

(a)
in relation to a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage—a passenger:
1. (i)
  who:
  1. (A)
    was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
  2. (B)
    whose journey in the vessel ends in Australia; or
2. (ii)
  who:
  1. (A)
    was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage; and
  2. (B)
    intends to journey in the vessel to a place outside Australia; and
(b)
in relation to a vessel leaving a port in Australia and bound for or calling at a place outside Australia—a passenger on board the vessel who:
1. (i)
  joined the vessel at a port in Australia; and
2. (ii)
  intends to journey in the vessel to or beyond that place outside Australia.

Note: Under the Act, vessel includes an aircraft, and port includes an airport.

overseas voyage, in relation to a vessel, means a voyage that commenced at, or during which the vessel called at, a place outside Australia.

ownership interest has the meaning given to it in subsection 134(10) of the Act.

parenting order has the meaning given by subsection 64B(1) of the Family Law Act 1975.

parent sponsor means a person who has been approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act.

parent visa means a visa of a class that is specified in Schedule 1 using the word ‘parent’ in the title of the visa.

parole means conditional release from prison before the completion of a sentence of imprisonment.

passenger card means a card of the kind referred to in section 506 of the Act.

periodic detention means a system of restriction of liberty by which periods at liberty alternate with periods in prison, and includes the systems of intermittent imprisonment known as day release and weekend release.

permanent humanitarian visa means:

(a)
a Subclass 200, 201, 202, 203, 204, 209, 210, 211, 212, 213, 215, 216, 217 or 866 visa; or
(aa)
a Resolution of Status (Class CD) visa; or
(b)
a Group 1.3 or Group 1.5 (Permanent resident (refugee and humanitarian)) visa or entry permit within the meaning of the Migration (1993) Regulations; or
(c)
a humanitarian visa, or equivalent entry permit, within the meaning of the Migration (1989) Regulations; or
(d)
a transitional (permanent) visa, within the meaning of the Migration Reform (Transitional Provisions) Regulations, being:
1. (i)
  such a visa granted on the basis of an application for a visa, or entry permit, of a kind specified in paragraph (b) or (c); or
2. (ii)
  a visa or entry permit of a kind specified in paragraph (b) or (c) having effect under those Regulations as a transitional (permanent) visa.

personal identifier has the meaning given by section 5A of the Act.

petroleum has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

petroleum export tanker crew member: a person is a petroleum export tanker crew member if:

(a)
the person is a member of the crew of a non‑military ship; and
(b)
the person enters one or more areas while on board the ship to participate in, or support, an offshore resources activity in relation to that area or those areas involving the recovery of petroleum; and
(c)
under subsection 9A(1) of the Act, the person is taken, for the purposes of the Act, to be in the migration zone while the person is in the area or those areas to participate in, or support, such an activity; and
(d)
before the person so enters the area, or the first of the areas, the ship’s last port of departure was a port outside Australia; and
(e)
the recovered petroleum will be received by the ship for export; and
(f)
the person will depart from the area, or the last of the areas, on board the ship for a port outside Australia.

points system means the system of assessment under Subdivision B of Division 3 of Part 2 of the Act.

PRC means the People’s Republic of China.

prescribed form means a form set out in Schedule 10, and a reference to a prescribed form by number is a reference to the form so numbered in that Schedule.

primary sponsored person has the meaning given by subregulation 2.57(1).

professional development sponsor means a person who:

(a)
is an approved work sponsor; and
(b)
is approved as a work sponsor in relation to the professional development sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.

proficient English has the meaning given by regulation 1.15D.

program of seasonal work means arrangements for the performance of seasonal work in Australia that have been approved, in writing, by the Secretary of a Commonwealth Department as a program of seasonal work for the purposes of this definition.

prohibited non‑citizen means a person who, on or before 18 December 1989, was a prohibited non‑citizen within the meaning of the Act as in force at that time.

proliferation of weapons of mass destruction includes directly or indirectly assisting in the development, production, trafficking, acquisition or stockpiling of:

(a)
weapons that may be capable of causing mass destruction; or
(b)
missiles or other devices that may be capable of delivering such weapons.

protection visa has the meaning given by section 35A of the Act.

Note: Section 35A of the Act covers the following:
(a) permanent protection visas (classified by these Regulations as Protection (Class XA) visas when this definition commenced);
(b) other protection visas formerly provided for by subsection 36(1) of the Act;
(c) temporary protection visas (classified by these Regulations as Temporary Protection (Class XD) visas when this definition commenced);
(d) any additional classes of permanent or temporary visas that are prescribed as protection visas by the regulations.

See also section 36 and Subdivision AL of Division 3 of Part 2 of the Act.
public interest criterion means a criterion set out in a clause of Part 1 of Schedule 4, and a reference to a public interest criterion by number is a reference to the criterion set out in the clause so numbered in that Part.
qualifying business means an enterprise that:
(a)
is operated for the purpose of making profit through the provision of goods, services or goods and services (other than the provision of rental property) to the public; and
(b)
is not operated primarily or substantially for the purpose of speculative or passive investment.
regional centre or other regional area has the meaning given by subregulation 1.15M(2).
regional provisional visa means:
(a)
a Subclass 491 (Skilled Work Regional (Provisional)) visa; or
(b)
a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
registered course means a course of education or training provided by an institution, body or person that is registered, under Division 3 of Part 2 of the Education Services for Overseas Students Act 2000, to provide the course to overseas students.
Note: A current list of registered courses appears in the Commonwealth Register of Institutions and Courses for Overseas Students kept under section 14A of the Education Services for Overseas Students Act 2000.
registered provider has the same meaning as in the AgedCare Act 2024.
relative, in relation to a person, means:
(a)
in the case of an applicant for a Subclass 200 (Refugee) visa or a protection visa:
(i)
a close relative; or
(ii)
a grandparent, grandchild, aunt, uncle, niece or nephew, or a step‑grandparent, step‑grandchild, step‑aunt, step‑uncle, step‑niece or step‑nephew; or
(iii)
a first or second cousin; or
(b)
in any other case:
(i)
a close relative; or
(ii)
a grandparent, grandchild, aunt, uncle, niece or nephew, or a step‑grandparent, step‑grandchild, step‑aunt, step‑uncle, step‑niece or step‑nephew.
Note: Close relative is defined in this regulation: see above.
relevant assessing authority means a person or body specified under regulation 2.26B.
religious institution means a body:
(a)
the activities of which reflect that it is a body instituted for the promotion of a religious object; and
(b)
the beliefs and practices of the members of which constitute a religion due to those members:
(i)
believing in a supernatural being, thing or principle; and
(ii)
accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and
(c)
that meets the requirements of section 50‑50 of the Income Tax Assessment Act 1997; and
(d)
the income of which is exempt from income tax under section 50‑1 of that Act.
remaining relative has the meaning set out in regulation 1.15.
Schedule 3 criterion means a criterion set out in a clause of Schedule 3, and a reference to a Schedule 3 criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule.
school‑age dependant, in relation to a person, means a member of the family unit of the person who has turned 5, but has not turned 18.
score, in relation to a language test, means any score or result, however described, from the test, including any combination of scores or results from the test or components of the test.
secondary exchange student means an overseas secondary school student participating in a secondary school student exchange program approved by the State or Territory education authority that administers the program.
secondary sponsored person has the meaning given by subregulation 2.57(1).
Secretary of Social Services means the Secretary of the Department that is administered by the Minister administering section 1061ZZGD of the Social Security Act 1991.
settled, in relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means lawfully resident in Australia for a reasonable period.
skilled occupation has the meaning given by regulation 1.15I.
Skills Assessment Department means the Department administered by the Skills Assessment Minister.
Skills Assessment Minister means the Minister responsible for skills assessment services.
Skills Assessment Secretary means the Secretary of the Skills Assessment Department.
SOFA forces civilian component member means a person who:
(a)
is, for the purposes of a Status of Forces Agreement between Australia and France, Japan, Malaysia, New Zealand, Papua New Guinea, the Republic of the Philippines, Singapore, Turkey or the United States of America, a member of the civilian component of the armed forces of one of those countries; and
(b)
holds a national passport that is in force and a certificate that he or she is a member of the civilian component of the armed forces of the relevant country.
SOFA forces member means a person who:
(a)
is, for the purposes of a Status of Forces Agreement between Australia and France, Japan, Malaysia, New Zealand, Papua New Guinea, the Republic of the Philippines, Singapore, Turkey or the United States of America, a member of the armed forces of one of those countries; and
(b)
holds military identity documents and movement orders issued from an official source of the relevant country.
specialist skills income threshold means $135,000.
Note: This amount is indexed under regulation 5.42A.
special processing area has the meaning given by subregulation 5.41C(3).
special program sponsor means a person who:
(a)
is an approved work sponsor; and
(b)
is approved as a work sponsor in relation to the special program sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
special return criterion means a criterion set out in a clause of Schedule 5, and a reference to a special return criterion by number is a reference to the criterion set out in the clause so numbered in that Schedule.
specified Subclass 417 work means work that:
(a)
was carried out in one or more areas of Australia specified for the purposes of this definition by the Minister under regulation 1.15FAA; and
(b)
was of one or more kinds specified for the purposes of this definition by the Minister under regulation 1.15FAA.
specified Subclass 462 work means work that:
(a)
was carried out in one or more areas of Australia specified for the purposes of this definition by the Minister under regulation 1.15FA; and
(b)
was of one or more kinds specified for the purposes of this definition by the Minister under regulation 1.15FA.
sponsor has the meaning given by subregulation 1.20(1).
sponsorship means an undertaking of the kind referred to in regulation 1.20 to sponsor an applicant.
sponsorship end day, in relation to a nomination under subsection 140GB(1) of the Act, means the day on which the approval as a standard business sponsor of the person who made the nomination ceases.
standard business sponsor means a person who:
(a)
is an approved work sponsor; and
(b)
is approved as a work sponsor in relation to the standard business sponsor class by the Minister under subsection 140E(1) of the Act.
statutory function has the meaning given by subregulation 5.41C(3).
step‑child, in relation to a parent, means:
(a)
a person who is not the child of the parent but who is the child of the parent’s current spouse or de facto partner; or
(b)
a person who is not the child of the parent but:
(i)
who is the child of the parent’s former spouse or former de facto partner; and
(ii)
who has not turned 18; and
(iii)
in relation to whom the parent has:
(A)
a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child’s long‑term or day‑to‑day care, welfare and development; or
(B)
guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.
student visa means any of the following subclasses of visa:
(aa)
a Subclass 500 (Student) visa;
(a) a Subclass 570 (Independent ELICOS Sector) visa;
(b) a Subclass 571 (Schools Sector) visa;
(c)
a Subclass 572 (Vocational Education and Training Sector) visa;
(d)
a Subclass 573 (Higher Education Sector) visa;
(e)
a Subclass 574 (Postgraduate Research Sector) visa;
(f)
a Subclass 575 (Non‑Award Sector) visa;
(g)
a Subclass 576 (Foreign Affairs or Defence Sector) visa.
Subclass 420 (Entertainment) visa includes a Subclass 420 (Temporary Work (Entertainment)) visa.
Note: Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 420 (Entertainment) visa.
Subclass 576 (Foreign Affairs or Defence Sector) visa includes a Subclass 576 (AusAID or Defence Sector) visa.
Note: Amendments of these Regulations that commenced on 1 July 2014 renamed the Subclass 576 (AusAID or Defence Sector) visa.
subsequent temporary application charge means the charge explained in subregulations 2.12C(5) and (6).
substituted Subclass 600 visa means:
(a)
a Subclass 600 (Visitor) visa that was granted following a decision by the Minister to substitute a more favourable decision under section 351 or 501J, or repealed section 417, of the Act; or
(b)
a Subclass 676 (Tourist) visa that was granted, before 23 March 2013, following a decision by the Minister to substitute a more favourable decision under section 351 or 501J, or repealed section 417, of the Act.
Note: Before these Regulations were amended on 23 March 2013, a visa described in paragraph (b) was referred to as a “substituted Subclass 676 visa”.
superior English has the meaning given by regulation 1.15EA.
superyacht means a sailing ship or motor vessel of a kind that is specified by the Minister under regulation 1.15G to be a superyacht.
superyacht crew sponsor means a person who:
(a)
is an approved work sponsor; and
(b)
is approved as a work sponsor in relation to the superyacht crew sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
temporary activities sponsor means a person who:
(a)
is an approved work sponsor; and
(b)
is approved as a work sponsor in relation to the temporary activities sponsor class by the Minister under subsection 140E(1) of the Act.
temporary work sponsor means any of the following:
(a)
a special program sponsor;
(b)
an entertainment sponsor;
(c)
a superyacht crew sponsor;
(d)
a long stay activity sponsor;
(e)
a training and research sponsor.
the Act means the Migration Act 1958.
tourism means participation in activities of a recreational nature including amateur sporting activities, informal study courses, relaxation, sightseeing and travel.
TPV/SHEV transition day means the day Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences.
training and research sponsor means a person who:
(a)
is an approved work sponsor; and
(b)
is approved as a work sponsor in relation to the training and research sponsor class by the Minister under subsection 140E(1) of the Act, on the basis of an application made before 19 November 2016.
transitional 457 worker means a person who held a Subclass 457 (Temporary Work (Skilled)) visa at any time occurring on or after 18 April 2017.
transitional 482 worker means a person who on 20 March 2019:
(a)
held a Subclass 482 (Temporary Skill Shortage) visa in the Medium‑term stream; or
(b)
was an applicant for a Subclass 482 (Temporary Skill Shortage) visa in the Medium‑term stream that was subsequently granted.
transit passenger means a person who:
(a)
enters Australia by aircraft; and
(b)
holds a confirmed onward booking to leave Australia to travel to a third country on the same or another aircraft within 8 hours of the person’s arrival in Australia; and
(d)
holds documentation necessary to enter the country of his or her destination.
unwanted transfer of critical technology has the meaning given by subregulation 1.15Q(1).
vocational English has the meaning given in regulation 1.15B.
weapons of mass destruction determination means a determination mentioned in any of the following provisions:
(a) sub‑subparagraph 2.43(1)(a)(i)(B);
(b) subparagraph 2.43(1)(a)(ii);
(c)
paragraph (b) of public interest criterion 4003;
(d)
public interest criterion 4003A.
work means an activity that, in Australia, normally attracts remuneration.
working age means:
(a)
in the case of a female, under 60 years of age; and
(b)
in the case of a male, under 65 years of age.
workplace exploitation matter has the meaning given by subregulation 1.15R(2).

1.04Adoption

(1)
A person (in this regulation called the adoptee) is taken to have been adopted by a person (in this regulation called the adopter) if, before the adoptee attained the age of 18 years, the adopter assumed a parental role in relation to the adoptee under:
(a)
formal adoption arrangements made in accordance with, or recognised under, the law of a State or Territory of Australia relating to the adoption of children; or
(b)
formal adoption arrangements made in accordance with the law of another country, being arrangements under which the persons who were recognised by law as the parents of the adoptee before those arrangements took effect ceased to be so recognised and the adopter became so recognised; or
(c)
other arrangements entered into outside Australia that, under subregulation (2), are taken to be in the nature of adoption.
(2)
For the purposes of paragraph (1)(c), arrangements are taken to be in the nature of adoption if:
(a)
the arrangements were made in accordance with the usual practice, or a recognised custom, in the culture or cultures of the adoptee and the adopter; and
(b)
the child‑parent relationship between the adoptee and the adopter is significantly closer than any such relationship between the adoptee and any other person or persons, having regard to the nature and duration of the arrangements; and
(c)
the Minister is satisfied that:
(i)
formal adoption of the kind referred to in paragraph (1)(b):
(A)
was not available under the law of the place where the arrangements were made; or
(B)
was not reasonably practicable in the circumstances; and
(ii)
the arrangements have not been contrived to circumvent Australian migration requirements.

1.04AForeign Affairs recipients and Foreign Affairs students

(1)
In this regulation:
cease, in relation to a full‑time course of study or training, includes to complete, to withdraw from, or to be excluded from, that course.
Foreign Affairs student visa means a student visa granted to a person who, as an applicant:
(a)
satisfied the primary criteria for the grant of the visa; and
(b)
was a student in a full‑time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister.
(2)
A person is a Foreign Affairs recipient if:
(a)
either:
(i)
the person is the holder of a Foreign Affairs student visa and has ceased:
(A)
the full‑time course of study or training to which that visa relates; or
(B)
another course approved by the Foreign Minister or AusAID Minister in substitution for that course; or
(ii)
if the person is not the holder of a Foreign Affairs student visa—the person has in the past been the holder of a Foreign Affairs student visa and has ceased:
(A)
the full‑time course of study or training to which the last Foreign Affairs student visa held by the person related; or
(B)
another course approved by the Foreign Minister or AusAID Minister in substitution for that course; and
(b)
the person has not spent at least 2 years outside Australia since ceasing the course.
(3)
A person is a Foreign Affairs student if:
(a)
the person has been approved by the Foreign Minister or AusAID Minister to undertake a full‑time course of study or training under a scholarship scheme or training program approved by the Foreign Minister or AusAID Minister; and
(b)
the person is:
(i)
the holder of a Foreign Affairs student visa granted in circumstances where the person intended to undertake the full‑time course of study or training; or
(ii)
an applicant for a student visa whose application shows an intention to undertake a full‑time course of study or training; and
(c)
in the case of a person mentioned in subparagraph (b)(i)—the person has not ceased:
(i)
the full‑time course of study or training to which the visa relates; or
(ii)
another course approved by the Foreign Minister or AusAID Minister in substitution for that course.

1.04BDefence student

A person is a Defence student if:
(a)
the person has been approved by the Defence Minister to undertake a full‑time course of study or training under a scholarship scheme or training program approved by the Defence Minister; and
(b)
the person is:
(i)
the holder of a student visa granted in circumstances where the person intended to undertake the course of study or training; or
(ii)
an applicant for a student visa whose application shows an intention to undertake the course of study or training; and
(c)
in the case of a person mentioned in subparagraph (b)(i)—the person has not ceased, completed, withdrawn from, or been excluded from:
(i)
the course of study or training to which the visa relates; or
(ii)
another course approved by the Defence Minister in substitution for that course.

1.05Balance of family test

(1)
For the purposes of this regulation:
(a)
a person is a child of another person (the parent) if the person is a child or step‑child of:
(i)
the parent; or
(ii)
a current spouse or current de facto partner of the parent; and
(b)
if the whereabouts of a child of the parent are unknown, the child is taken to be resident in the child’s last known usual country of residence.
(2)
For this regulation:
(a)
a child of the parent is an eligible child if the child is:
(i)
an Australian citizen; or
(ii)
an Australian permanent resident usually resident in Australia; or
(iii)
an eligible New Zealand citizen usually resident in Australia; and
(b)
any other child of the parent is an ineligible child.
(2A)
An ineligible child is taken to be resident overseas.
(2B)
The overseas country in which an ineligible child is taken to reside is:
(a)
the overseas country in which the child is usually resident; or
(b)
the last overseas country in which the child was usually resident; or
(c)
if the child no longer has a right of return to the country mentioned in paragraph (a) or (b)—the child’s country of citizenship.
(2C)
A parent satisfies the balance of family test if the number of eligible children is greater than or equal to the number of ineligible children.
(2D)
However, if the greatest number of children who are:
(a)
ineligible children; and
(b)
usually resident in a particular overseas country;
is less than the number of eligible children, then the parent satisfies the balance of family test.
(3)
In applying the balance of family test, no account is to be taken of a child of the parent:
(a)
if the child has been removed by court order, by adoption or by operation of law (other than in consequence of marriage) from the exclusive custody of the parent; or
(b)
if the child is resident in a country where the child suffers persecution or abuse of human rights and it is not possible to reunite the child and the parent in another country; or
(c)
if the child:
(i)
is resident in a refugee camp operated by the United Nations High Commissioner for Refugees; and
(ii)
is registered by the Commissioner as a refugee.

1.05ADependent

(1)
Subject to subregulation (2), a person (the first person) is dependent on another person if:
(a)
at the time when it is necessary to establish whether the first person is dependent on the other person:
(i)
the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food, clothing and shelter; and
(ii)
the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter; or
(b)
the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.

(2)
A person (the first person) is dependent on another person for the purposes of an application for:
(d)
a protection visa; or
(ea)
a Refugee and Humanitarian (Class XB) visa; or
(i)
a Temporary Safe Haven (Class UJ) visa;
if the first person is wholly or substantially reliant on the other person for financial, psychological or physical support.

1.06References to classes of visas

A class of visas may be referred to:
(a)
in the case of a class of visas referred to in Schedule 1—by the code allotted to the class in the heading of the item in Schedule 1 that relates to that class of visas; or
(b)
in the case of a transitional visa, by the following codes:
(i)
transitional (permanent): BF;
(ii)
transitional (temporary): UA.
Note: For example, a Special Program (Temporary) (Class TE) visa may be referred to as a Class TE visa.

1.07References to subclasses of visas

(1)
A reference to a visa of a particular subclass (for example, ‘a visa of Subclass 414’) is a reference to a visa granted on satisfaction of the criteria for the grant of the visa, or the grant of the visa in a stream, set out in the Part of Schedule 2 that bears the number of the subclass.
Note: The criteria for the grant of the visa may include criteria described as a ‘stream’: see subregulation 2.03(1A).
(2)
A reference to an applicant for a visa of a particular subclass is a reference to an applicant who applies for a visa of a class that may, under Schedule 1, be granted on satisfaction of the criteria for the grant of the visa, or the grant of the visa in a stream, set out in the Part of Schedule 2 that bears the number of the subclass.
Note: The criteria for the grant of the visa may include criteria described as a ‘stream’: see subregulation 2.03(1A).

1.08Compelling need to work

For the purposes of these Regulations, a non‑citizen has a compelling need to work if and only if:
(a)
he or she is in financial hardship; or
(d)
he or she:
(i)
is an applicant for a Temporary Business Entry (Class UC) visa who seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and
(ii)
is identified in an approved nomination of an occupation made by:
(A)
a standard business sponsor; or
(B)
a former standard business sponsor; or
(C)
a party to a labour agreement;
who is specified in the application for that visa; and
(iii)
appears to the Minister, on the basis of information contained in the application, to satisfy the criteria for the grant of that visa.

1.09Criminal detention

For the purposes of these Regulations, a person is in criminal detention if he or she is:
(a)
serving a term of imprisonment (including periodic detention) following conviction for an offence; or
(b)
in prison on remand;
but not if he or she is:
(c)
subject to a community service order; or
(d)
on parole after serving part of a term of imprisonment; or
(e)
on bail awaiting trial.

1.09ADe facto partner and de facto relationship

(1)
For subsection 5CB(3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5CB(2)(a), (b), (c) and (d) of the Act exist.
Note 1: See regulation 2.03A for the prescribed criteria applicable to de facto partners.
Note 2: The effect of subsection 5CB(1) of the Act is that a person is the de facto partner of another person (whether of the same sex or a different sex) if the person is in a de facto relationship with the other person.
Subsection 5CB(2) sets out conditions about whether a de facto relationship exists, and subsection 5CB(3) permits the regulations to make arrangements in relation to the determination of whether 1 or more of those conditions exist.
(2)
If the Minister is considering an application for:
(a)
a Partner (Migrant) (Class BC) visa; or
(b)
a Partner (Provisional) (Class UF) visa; or
(c)
a Partner (Residence) (Class BS) visa; or
(d)
a Partner (Temporary) (Class UK) visa;
the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).
(3)
The matters for subregulation (2) are:
(a)
the financial aspects of the relationship, including:
(i)
any joint ownership of real estate or other major assets; and
(ii)
any joint liabilities; and
(iii)
the extent of any pooling of financial resources, especially in relation to major financial commitments; and
(iv)
whether one person in the relationship owes any legal obligation in respect of the other; and
(v)
the basis of any sharing of day‑to‑day household expenses; and
(b)
the nature of the household, including:
(i)
any joint responsibility for the care and support of children; and
(ii)
the living arrangements of the persons; and
(iii)
any sharing of the responsibility for housework; and
(c)
the social aspects of the relationship, including:
(i)
whether the persons represent themselves to other people as being in a de facto relationship with each other; and
(ii)
the opinion of the persons’ friends and acquaintances about the nature of the relationship; and
(iii)
any basis on which the persons plan and undertake joint social activities; and
(d)
the nature of the persons’ commitment to each other, including:
(i)
the duration of the relationship; and
(ii)
the length of time during which the persons have lived together; and
(iii)
the degree of companionship and emotional support that the persons draw from each other; and
(iv)
whether the persons see the relationship as a long‑term one.
(4)
If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3).

1.11Main business

(1)
For the purposes of these Regulations and subject to subregulation (2), a business is a main business in relation to an applicant for a visa if:
(a)
the applicant has, or has had, an ownership interest in the business; and
(b)
the applicant maintains, or has maintained, direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business; and
(c)
the value of the applicant’s ownership interest, or the total value of the ownership interests of the applicant and the applicant’s spouse or de facto partner, in the business is or was:
(i)
if the business is operated by a publicly listed company—at least 10% of the total value of the business; or
(ii)
if:
(A)
the business is not operated by a publicly listed company; and
(B)
the annual turnover of the business is at least AUD400 000;
at least 30% of the total value of the business; or
(iii)
if:
(A)
the business is not operated by a publicly listed company; and
(B)
the annual turnover of the business is less than AUD400 000;
at least 51% of the total value of the business; and
(d)
the business is a qualifying business.
(2)
If an applicant has, or has had, an ownership interest in more than 1 qualifying business that would, except for this subregulation, be a main business in relation to the applicant, the applicant must not nominate more than 2 of those qualifying businesses as main businesses.

1.11AOwnership for the purposes of certain Parts of Schedule 2

(1)
Subject to subregulation (4), for Parts 188 and 888 of Schedule 2, ownership by an applicant, or the applicant’s spouse or de facto partner, of an asset, an eligible investment or an ownership interest, includes beneficial ownership only if the beneficial ownership is evidenced in accordance with subregulation (2).
(2)
To evidence beneficial ownership of an asset, eligible investment or ownership interest, the applicant must show to the Minister:
(a)
a trust instrument; or
(b)
a contract; or
(c)
any other document capable of being used to enforce the rights of the applicant, or the applicant’s spouse or de facto partner, as the case requires, in relation to the asset, eligible investment or ownership interest;
stamped or registered by an appropriate authority under the law of the jurisdiction where the asset, eligible investment or ownership interest is located.
(3)
A document shown under subregulation (2) does not evidence beneficial ownership, for subregulation (1), for any period earlier than the date of registration or stamping by the appropriate authority.
(4)
Beneficial ownership is not required to be evidenced in accordance with subregulation (2) if the person who has legal ownership of the asset, eligible investment or ownership interest in relation to which the applicant, or the applicant’s spouse or de facto partner, has beneficial ownership:
(a)
is a dependent child of the applicant; and
(b)
made a combined application with the applicant; and
(c)
has not reached the age at which, in the jurisdiction where the asset, eligible investment or ownership interest is located, he or she can claim the benefits of ownership of the asset, eligible investment or ownership interest.

1.11BETA‑eligible passport

(1)
A passport is an ETA‑eligible passport in relation to an application for a visa if:
(a)
it is a valid passport of a kind specified in a legislative instrument made by the Minister as an ETA‑eligible passport; and
(b)
the conditions (if any) specified in a legislative instrument made by the Minister for passports of that kind are satisfied in relation to that application.
(2)
A passport is an ETA‑eligible passport in relation to a visa of a particular Subclass if:
(a)
it is an ETA‑eligible passport in accordance with subregulation (1); and
(b)
it is specified in a legislative instrument made by the Minister to be an ETA‑eligible passport for that Subclass.
(3)
A passport is an ETA‑eligible passport for the purposes of regulation 1.15J if it is a valid passport of a kind specified for paragraph (1)(a).

1.11CeVisitor eligible passport

A passport is an eVisitor eligible passport if:
(a)
it is a valid passport of a kind specified by the Minister in an instrument in writing for this paragraph to be an eVisitor eligible passport; and
(b)
the conditions (if any) specified in the instrument are satisfied.

1.12Member of the family unit

Scope
(1)
This regulation has effect for the purposes of the definition (the main definition) of member of the family unit in subsection 5(1) of the Act.
General rule
(2)
A person is a member of the family unit of another person (the family head) if the person:
(a)
is a spouse or de facto partner of the family head; or
(b)
is a child or step‑child of the family head or of a spouse or de facto partner of the family head (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and:
(i)
has not turned 18; or
(ii)
has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or
(iii)
has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or
(c)
is a dependent child of a person who meets the conditions in paragraph (b).
This subregulation has effect subject to the later subregulations of this regulation.
Protection, refugee and humanitarian visas
(3)
Subregulation (4) has effect for the purposes of the main definition so far as it is relevant to a provision of the Act or these Regulations applying in relation to any of the following visas:
(a)
a Protection (Class XA) visa;
(b)
a Refugee and Humanitarian (Class XB) visa;
(c)
a Temporary Protection (Class XD) visa;
(d)
a Safe Haven Enterprise (Class XE) visa;
(e)
a Resolution of Status (Class CD) visa;
(f)
a Temporary Safe Haven (Class UJ) visa;
(g)
a Temporary (Humanitarian Concern) (Class UO) visa;
(h)
a Territorial Asylum (Residence) (Class BE) visa.
(4)
A person is a member of the family unit of another person (the family head) if the person is:
(a)
a spouse or de facto partner of the family head; or
(b)
a dependent child of:
(i)
the family head; or
(ii)
a spouse or de facto partner of the family head; or
(c)
a dependent child of a dependent child of:
(i)
the family head; or
(ii)
a spouse or de facto partner of the family head; or
(d)
a relative, of the family head or of a spouse or de facto partner of the family head, who:
(i)
does not have a spouse or de facto partner; and
(ii)
is usually resident in the family head’s household; and
(iii)
is dependent on the family head.
Member of the family unit of applicant for a new visa on the basis of earlier status as member of the family unit
(5)
In addition to subregulation (2), a person is a member of the family unit, of an applicant for a visa (the new visa) described in column 1 of an item of the following table who seeks to satisfy the primary criteria for the new visa, if, at the time of the application for the new visa, the person:
(a)
is included in the application for the new visa; and
(b)
holds a visa (the old visa) described in column 2 of the item granted on the basis that the person was a member of the family unit of a person who held a visa of the same kind as the old visa.

Members of the family units of applicants for new visas
Column 1 New visa applied for	Column 2 Old visa person holds at time of application for new visa
1	Contributory Parent (Migrant) (Class CA) visa	Contributory Parent (Temporary) (Class UT) visa
2	Contributory Aged Parent (Residence) (Class DG) visa	Contributory Aged Parent (Temporary) (Class UU) visa
3	Business Skills (Residence) (Class DF) visa	Business Skills (Provisional) (Class UR) visa
4	Business Skills (Permanent) (Class EC) visa	Business Skills (Provisional) (Class EB) visa
5	Employer Nomination (Permanent) (Class EN) visa	Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa
6	Regional Employer Nomination (Permanent) (Class RN) visa	Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa
7	Skilled (Residence) (Class VB) visa	Any of the following visas: (a) Skilled—Independent Regional (Provisional) (Class UX) visa; (b) Bridging A (Class WA) visa or Bridging B (Class WB) visa 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; (c) Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; (d) Subclass 475 (Skilled—Regional Sponsored) visa; (e) Subclass 487 (Skilled—Regional Sponsored) visa; (f) Skilled—Regional Sponsored (Provisional) (Class SP) visa
8	Subclass 482 (Skills in Demand) visa	Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa
9	Subclass 189 (Skilled—Independent) visa in the Hong Kong stream	Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa; (c) Subclass 485 (Temporary Graduate) visa
10	Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream	Any of the following visas: (a) Subclass 491 (Skilled Work Regional (Provisional)) visa; (b) Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
11	Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream	Any of the following visas: (a) Subclass 457 (Temporary Work (Skilled)) visa; (ab) Subclass 482 (Skills in Demand) visa; (b) Subclass 482 (Temporary Skill Shortage) visa; (c) Subclass 485 (Temporary Graduate) visa

Student (Temporary) (Class TU) visas
(6)
A person is a member of the family unit of an applicant for, or of a holder of, a Student (Temporary) (Class TU) visa if the person is:
(a)
a spouse or de facto partner of the applicant or holder; or
(b)
a dependent child of the applicant or holder, or of that spouse or de facto partner of the applicant or holder, who is unmarried and has not turned 18.
National Innovation (Class BX) visas
(7)
A person is a member of the family unit of an applicant for a National Innovation (Class BX) visa who has not turned 18 at the time of application if:
(a)
the person is:
(i)
a parent of the applicant who has made a combined application with the applicant for the visa; or
(ii)
under subregulation (2), a member of the family unit of a parent of the applicant who has made a combined application with the applicant for the visa; and
(b)
no person is being treated under subregulation (2) as a member of the family unit of the applicant, in relation to the applicant’s application for the visa; and
(c)
no other parent of the applicant is being treated as a member of the family unit of the applicant in accordance with this subregulation.

1.12AAMember of the immediate family

(1)
For these Regulations, a person A is a member of the immediate family of another person B if:
(a)
A is a spouse or de facto partner of B; or
(b)
A is a dependent child of B; or
(c)
A is a parent of B, and B is not 18 years or more.

1.13Meaning of nominator

(1)
The nominator of an applicant for a visa is a person who, on the relevant approved form, nominates another person as an applicant for a visa of a particular class.
(2)
However, a person who proposes another person for entry to Australia as an applicant for a permanent humanitarian visa is not the nominator of the other person.

1.13AMeaning of adverse information

(1)
Adverse information about a person is any adverse information relevant to the person’s suitability as:
(a)
an approved sponsor; or
(b)
a nominator (within the meaning of regulation 5.19).
(2)
Without limiting subregulation (1), adverse information about a person includes information that the person:
(a)
has contravened a law of the Commonwealth, a State or a Territory; or
(b)
is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or
(c)
has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or
(d)
has become insolvent (within the meaning of section 95A of the Corporations Act 2001); or
(e)
has given, or caused to be given, to the Minister, an officer, the ART or a relevant assessing authority a bogus document, or information that is false or misleading in a material particular.
(3)
Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(4)
In this regulation:
information that is false or misleading in a material particular means information that is:
(a)
false or misleading at the time it is given; and
(b)
relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information.
Note: For the definition of bogus document, see subsection 5(1) of the Act.

1.13BMeaning of associated with

(1)
Two persons are associated with each other if:
(a)
they:
(i)
are or were spouses or de facto partners; or
(ii)
are or were members of the same immediate, blended or extended family; or
(iii)
have or had a family‑like relationship; or
(iv)
belong or belonged to the same social group, unincorporated association or other body of persons; or
(v)
have or had common friends or acquaintances; or
(b)
one is or was a consultant, adviser, partner, representative on retainer, officer, employer, employee or member of:
(i)
the other; or
(ii)
any corporation or other body in which the other is or was involved (including as an officer, employee or member); or
(c)
a third person is or was a consultant, adviser, partner, representative on retainer, officer, employer, employee or member of both of them; or
(d)
they are or were related bodies corporate (within the meaning of the Corporations Act 2001); or
(e)
one is or was able to exercise influence or control over the other; or
(f)
a third person is or was able to exercise influence or control over both of them.

(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):

First instalment
Item	Component	Amount
1	Base application charge	Nil
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia but not in immigration clearance.
(c)
Either:
(i)
the applicant has made a valid application for a substantive visa that has not been finally determined; or
(ii)
application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed.
(d)
Applicant must:
(i)
hold a substantive visa; or
(ii)
hold a Bridging A (Class WA) or Bridging B (Class WB) visa and have held a substantive visa when he or she made the substantive visa application; or
(iii)
have held a substantive visa when he or she made the substantive visa application referred to in paragraph (c); or
(iv)
have previously held a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the substantive visa referred to in paragraph (c); or
(v)
hold or have previously held a Bridging E (Class WE) visa granted under regulation 2.24A.
(da)
Either:
(i)
the applicant is not a person in respect of whom a weapons of mass destruction determination has been made; or
(ii)
if the applicant is a person in respect of whom a weapons of mass destruction determination has been made—the Foreign Minister, or a person authorised by the Foreign Minister, has subsequently determined that the applicant is no longer a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.
(e)
If the last substantive visa held by the applicant was cancelled:
(i)
the decision to cancel that visa has been set aside by the ART; or
(ii)
if that visa was cancelled under section 137J of the Act:
(A)
the cancellation has been revoked; or
(B)
a decision not to revoke the cancellation has been set aside by the ART.
(f)
Applicant is not in immigration detention or criminal detention.
(g)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging A (Class WA) visa may be made at the same time and place as, and combined with, the application by that person.
(4)
Subclasses:
010
(Bridging A)
Note 1: The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A.
Note 2: Regulation 2.07A sets out the circumstances in which an application for a substantive visa on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1302Bridging B (Class WB)

(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):

First instalment
Item	Component	Amount
1	Base application charge	$190
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia but not in immigration clearance.
(ba)
Applicant must be a person who is immigration cleared.
(bb)
Applicant must not be:
(i)
the holder of a Subclass 785 (Temporary Protection) visa, including a Subclass 785 (Temporary Protection) visa granted before 2 December 2013; or
(ii)
a person whose last substantive visa was a Subclass 785 (Temporary Protection) visa, including a Subclass 785 (Temporary Protection) visa granted before 2 December 2013; or
(iii)
the holder of a Subclass 790 (Safe Haven Enterprise) visa; or
(iv)
a person whose last substantive visa was a Subclass 790 (Safe Haven Enterprise) visa.
(c)
Applicant is not in immigration detention or criminal detention.
(ca)
Either:
(i)
the applicant is not a person in respect of whom a weapons of mass destruction determination has been made; or
(ii)
if the applicant is a person in respect of whom a weapons of mass destruction determination has been made—the Foreign Minister, or a person authorised by the Foreign Minister, has subsequently determined that the applicant is no longer a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.
(d)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging B (Class WB) visa may be made at the same time and place as, and combined with, the application by that person.
(4)
Subclasses:
020
(Bridging B)

1303Bridging C (Class WC)

(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):

First instalment
Item	Component	Amount
1	Base application charge	Nil
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia but not in immigration clearance.
(c)
Either:
(i)
the applicant has made a valid application for a substantive visa that has not been finally determined; or
(ii)
both of the following apply:
(A)
application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application, and the judicial proceedings (including proceedings on appeal, if any) have not been completed;
(B)
the applicant held a Bridging C (Class WC) visa granted on the basis of the applicant’s substantive visa application.
(ca)
Applicant must be:
(i)
a person who is immigration cleared; or
(ii)
an eligible non‑citizen referred to in subregulation 2.20(6).
(d)
Applicant:
(i)
was not the holder of a substantive visa when he or she made the substantive visa application referred to in paragraph (c); and
(ii)
does not hold a Bridging E (Class WE) visa (other than a Bridging E (Class WE) visa granted under regulation 2.24A); and
(iii)
has not held a Bridging E (Class WE) visa (other than a Bridging E (Class WE) visa granted under regulation 2.24A) since he or she last held a substantive visa.
(da)
Either:
(i)
the applicant is not a person in respect of whom a weapons of mass destruction determination has been made; or
(ii)
if the applicant is a person in respect of whom a weapons of mass destruction determination has been made—the Foreign Minister, or a person authorised by the Foreign Minister, has subsequently determined that the applicant is no longer a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.
(e)
Applicant is not in immigration detention or in criminal detention and has not escaped from either immigration detention or criminal detention.
(f)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging C (Class WC) visa may be made at the same time and place as, and combined with, the application by that person.
(4)
Subclasses:
030
(Bridging C)
Note: Regulation 2.07A sets out the circumstances in which an application for a substantive visa made on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1304Bridging D (Class WD)

(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):

First instalment
Item	Component	Amount
1	Base application charge	Nil
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia but not in immigration clearance.
(ba)
Applicant must be:
(i)
a person who is immigration cleared; or
(ii)
an eligible non‑citizen referred to in subregulation 2.20(6).
(c)
Applicant is not in immigration detention or criminal detention.
(d)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging D (Class WD) visa may be made at the same time and place as, and combined with, the application by that person.
(4)
Subclasses:
040
(Bridging (Prospective Applicant))
041
(Bridging (Non‑applicant))

1305Bridging E (Class WE)

(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):

First instalment
Item	Component	Amount
1	Base application charge	Nil
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia but not in immigration clearance.
(ba)
Applicant must be an eligible non‑citizen within the meaning of section 72 of the Act.
(c)
If applicant is in immigration detention, an officer appointed under subregulation 2.10A(2) as a detention review officer for the State or Territory in which the applicant is detained has been informed of the application.
(d)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging E (Class WE) visa may be made at the same time and place as, and combined with, the application by that person.
(e)
If the applicant has applied at the same time and on the same form for a substantive visa, the application for the substantive visa is valid.
(f)
The applicant has not previously held a Bridging E (Class WE) visa that has been cancelled by reason of a failure to comply with condition 8564 or 8566.
(g)
The applicant has not previously held a visa that has been cancelled on a ground specified in paragraph 2.43(1)(p) or (q).
(4)
Subclasses:
050
(Bridging (General))
051
(Bridging (Protection Visa Applicant))
Note: Regulation 2.07A sets out the circumstances in which an application for a substantive visa made on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.

1306Bridging F (Class WF)

(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):

First instalment
Item	Component	Amount
1	Base application charge	Nil
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia but not in immigration clearance.
(c)
One of the following subparagraphs applies in relation to the applicant:
(ia)
an assistance notice has been issued in relation to the applicant, and the notice has not been revoked;
(i)
the applicant does not hold a visa and has not held a Bridging F (Class WF) visa since he or she last entered Australia;
(ii)
the applicant:
(A)
does not hold a visa; and
(B)
has held one Bridging F (Class WF) visa since last entering Australia; and
(C)
has not held another visa since holding that visa;
(iii)
the applicant holds a Bridging F (Class WF) visa, which is the first Bridging F (Class WF) visa held since he or she last entered Australia.
(d)
Either:
(i)
an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that the applicant has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices; or
(ii)
the applicant is a member of the immediate family of a person who an officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, has been identified as a suspected victim of human trafficking, slavery or slavery‑like practices.
Note: Member of the immediate family is defined in regulation 1.12AA.
(e)
An officer of the Australian Federal Police, or of a police force of a State or Territory, has told Immigration, in writing, that suitable arrangements have been made for the care, safety and welfare of the applicant for the proposed period of the visa.
(f)
If the applicant is in immigration detention, the authorised officer to whom notice was given under subregulation 2.10B(2) has been informed of the lodgement of the application.
(g)
Application by a person claiming to be a member of the immediate family of a person who is an applicant for a Bridging F (Class WF) visa may be made at the same time and place as, and combined with, the application by that person.
(4)
Subclasses:
060
(Bridging F)
Note: As an alternative to item 1306, an application for a Bridging F (Class WF) visa will be taken to have been validly made by a non‑citizen if the application is made in accordance with subregulation 2.20B(2).

1307Bridging R (Class WR)

(1)
Application must be taken to have been made in accordance with subregulation 2.20A(2).
(2)
Visa application charge:
(a)
the first instalment (payable at the time the application is made) is nil; and
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Subclasses:
070
(Bridging (Removal Pending))

Part 4Protection, Refugee and Humanitarian visas1401Protection (Class XA)

(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):

First instalment
Item	Component	Amount
1	Base application charge	$50
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia.
(c)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a Protection (Class XA) visa may be made at the same time and place as, and combined with, the application by that person.
(d)
An application by a person for a Protection (Class XA) visa is valid only if the person:
(i)
does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; and
(ia)
does not hold, and has not ever held, a Safe Haven Enterprise (Class XE) visa; and
(ii)
does not hold, and has not ever held, a Temporary Safe Haven (Class UJ) visa; and
(iii)
does not hold, and has not ever held, a Temporary (Humanitarian Concern) (Class UO) visa; and
(iv)
held a visa that was in effect on the person’s last entry into Australia; and
(v)
is not an unauthorised maritime arrival; and
(vi)
was immigration cleared on the person’s last entry into Australia.
(3A)
If an application for a Protection (Class XA) visa made by a person would (apart from this subitem) be invalid only because subparagraph (3)(d)(iv) is not satisfied, the application is taken to be valid if:
(a)
the person was born in the migration zone; and
(b)
a parent of the person was an unlawful non‑citizen at the time of the person’s birth; and
(c)
the parent was a lawful non‑citizen at the last time before the person’s birth when the parent entered the migration zone.

(4)
Subclasses:
866
(Protection)

1402Refugee and Humanitarian (Class XB)

Note: Subregulation 2.07AM(3) sets out requirements for the making of applications by persons who are mentioned in subregulation 2.07AM(5).
(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):
(i)
for an applicant whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:

First instalment
Item	Component	Amount
1	Base application charge	$570
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

(ii)
for any other applicant:

First instalment
Item	Component	Amount
1	Base application charge	Nil
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
second instalment (payable before grant of visa):

Second instalment
Item	Applicant	Amount
1	Applicant: (a) whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2; and (b) who satisfies the primary criteria for the grant of the visa	$7 270
2	Applicant: (a) whose application includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2; and (b) who satisfies the secondary criteria for the grant of the visa	Nil
3	Any other applicant	Nil

(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be outside Australia unless the applicant is covered by subitem (3B).
(ba)
Applicant must not be a person mentioned in subregulation 2.07AM(5).
(c)
Application by a person (the family member) claiming to be a member of the family unit of a person (the first applicant) who is an applicant for a Refugee and Humanitarian (Class XB) visa:
(i)
if subparagraph (ii) does not apply—may be made at the same time and place as, and combined with, the application by the first applicant; or
(ii)
if the first applicant is covered by subitem (3B) and the family member is not covered by subitem (3B)—may not be made at the same time and place as, and combined with, the application by the first applicant.
(3A)
In addition to subitem (3), for an application that includes a proposal by an approved proposing organisation described in Part 202 of Schedule 2:
(a)
the applicant may be a person who made a valid application for a visa, in accordance with form 842, before 1 June 2013 (whether or not the application was accompanied by form 681); and
(b)
the application must include form 1417, completed by the approved proposing organisation; and
(c)
an application that includes a proposal by an approved proposing organisation must not include form 681.
(3B)
An applicant is covered by this subitem if, at the time the application is made, the applicant:
(a)
holds a Subclass 449 (Humanitarian Stay (Temporary)) visa; and
(b)
is in a class of persons specified by the Minister in a legislative instrument made under subitem (3C).
(3C)
The Minister may, by legislative instrument, specify a class of persons for the purposes of paragraph (3B)(b) if the Minister is satisfied that doing so is appropriate to assist persons residing temporarily in Australia as a result of Australia’s response to the humanitarian crisis in Afghanistan in 2021.
(4)
Subclasses:
200
(Refugee)
201
(In‑country Special Humanitarian)
202
(Global Special Humanitarian)
203
(Emergency Rescue)
204
(Woman at Risk)

1403Temporary Protection (Class XD)

(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):
(i)
for an applicant who is in immigration detention and has not been immigration cleared:

First instalment
Item	Component	Amount
1	Base application charge	Nil
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

(ii)
for any other applicant:

First instalment
Item	Component	Amount
1	Base application charge	$50
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia.
(ba)
Either:
(i)
the applicant first entered Australia on or after the TPV/SHEV transition day; or
(ii)
the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that, as at the TPV/SHEV transition day:
(A)
had not been finally determined; or
(B)
was the subject of judicial review proceedings that had not been completed.
(c)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a Temporary Protection (Class XD) visa may be made at the same time and place as, and combined with, the application by that person.
(d)
An application by a person for a Temporary Protection (Class XD) visa is valid only if the person is unable to make a valid application for a Protection (Class XA) visa and:
(i)
holds, or has ever held, a Temporary Protection (Class XD) visa or a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; or
(ia)
holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or
(ii)
holds, or has ever held, a Temporary Safe Haven (Class UJ) visa; or
(iii)
holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or
(iv)
did not hold a visa that was in effect on the person’s last entry into Australia; or
(v)
is an unauthorised maritime arrival; or
(vi)
was not immigration cleared on the person’s last entry into Australia.
(e)
Either:
(i)
the applicant has not made a valid application for a Safe Haven Enterprise (Class XE) visa (a SHEV); or
(ii)
the applicant has made a valid application for a SHEV and the SHEV application has been refused (whether or not it has been finally determined) or withdrawn; or
(iii)
a SHEV has been granted to the applicant.
Note: A person to whom subparagraph (ii) applies, whose SHEV application has been refused, is prevented by section 48A of the Act from making the Temporary Protection visa application unless the Minister has made a determination in relation to the person under section 48B of the Act.
(f)
The application for the visa was not made at the same time as an application for a SHEV.
Note: TPV/SHEV transition day is defined in regulation 1.03.
(4)
Subclasses:
785
(Temporary Protection)

1404Safe Haven Enterprise (Class XE)

(1)
Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2)
Visa application charge:
(a)
first instalment (payable at the time the application is made):
(i)
for an applicant who is in immigration detention and has not been immigration cleared:

First instalment
Item	Component	Amount
1	Base application charge	Nil
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

(ii)
for any other applicant:

First instalment
Item	Component	Amount
1	Base application charge	$50
2	Additional applicant charge for an applicant who is at least 18	Nil
3	Additional applicant charge for an applicant who is less than 18	Nil

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑internet application charge. Not all of the components may apply to a particular application.
Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.
(b)
the second instalment (payable before grant of visa) is nil.
(3)
Other:
(a)
An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b)
Applicant must be in Australia.
(ba)
Either:
(i)
the applicant first entered Australia on or after the TPV/SHEV transition day; or
(ii)
the applicant has not made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that, as at the TPV/SHEV transition day:
(A)
had not been finally determined; or
(B)
was the subject of judicial review proceedings that had not been completed.
(c)
Application by a person claiming to be a member of the family unit of a person who is an applicant for a Safe Haven Enterprise (Class XE) visa may be made at the same time and place as, and combined with, the application by that person.
(d)
An application by a person for a Safe Haven Enterprise (Class XE) visa is valid only if the person is unable to make a valid application for a Protection (Class XA) visa and:
(i)
holds, or has ever held, a Temporary Protection (Class XD) visa or a Subclass 785 (Temporary Protection) visa, including such a visa granted before 2 December 2013; or
(ii)
holds, or has ever held, a Safe Haven Enterprise (Class XE) visa; or
(iii)
holds, or has ever held, a Temporary Safe Haven (Class UJ) visa; or
(iv)
holds, or has ever held, a Temporary (Humanitarian Concern) (Class UO) visa; or
(v)
did not hold a visa that was in effect on the person’s last entry into Australia; or
(vi)
is an unauthorised maritime arrival; or
(vii)
was not immigration cleared on the person’s last entry into Australia.
(e)
The application includes an indication, in writing, that the applicant, or a member of the same family unit as the applicant who is also an applicant for a Safe Haven Enterprise (Class XE) visa, intends to work or study while accessing minimum social security benefits in a regional area specified under subclause (4).
(f)
Either:
(i)
the applicant has not made a valid application for a Temporary Protection (Class XD) visa (a TPV); or
(ii)
the applicant has made a valid application for a TPV, and the TPV application has been refused (whether or not it has been finally determined) or withdrawn; or
(iii)
a TPV has been granted to the applicant; or
(iv)
the application for the Safe Haven Enterprise (Class XE) visa is made at the same time as an application for a TPV.
Note 1: A person to whom subparagraph (ii) applies, whose TPV application has been refused, is prevented by section 48A of the Act from making the Safe Haven Enterprise visa application unless the Minister has made a determination in relation to the person under section 48B of the Act.
Note 2: If subparagraph (iv) applies, the TPV application will be invalid: see paragraph 1403(3)(f).
Note 3: TPV/SHEV transition day is defined in regulation 1.03.
(4)
The Minister may, by legislative instrument, specify a regional area for the purposes of these regulations.
Note: See also regulation 2.06AAB (visa applications by holders and certain former holders of safe haven enterprise visas).
(5)
Subclasses:
790
(Safe Haven Enterprise)