Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p12
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 12/40)
Character Range: 2139919–2142761

is withdrawn.
820.6—Conditions:   Nil.

Subclass 835—Remaining Relative
835.1—Interpretation

835.111
  In this Part:
Australian relative means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
Note: Australian relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03. Remaining relative is defined in regulation 1.15. De facto partner is defined in section 5CB of the Act (also see regulations 1.09A and 2.03A) and spouse is defined in section 5F of the Act (also see regulation 1.15A).
835.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need only satisfy the secondary criteria.
835.21—Criteria to be satisfied at time of application

835.211
  The applicant is:
 (a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
 (b) a person who:
 (i) is not the holder of a substantive visa; and
 (ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
 (iii) satisfies Schedule 3 criterion 3002.

835.212
  The applicant is a remaining relative of an Australian relative.

835.213
  The applicant is sponsored:
 (a) by the Australian relative, if the Australian relative:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
 (iii) is usually resident in Australia; or
 (b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and
 (iii) is usually resident in Australia; and
 (iv) cohabits with the Australian relative.
835.22—Criteria to be satisfied at time of decision

835.221
  The applicant continues to satisfy the criterion in clause 835.212.

835.222
  The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

835.223
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

835.224
 (1) Each person who is covered by subclause (2), (3) or (4):
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
 (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.
 (2) This subclause covers a person:
 (a) who is a member of the family unit of the applicant (the primary