Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p37
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 37/40)
Character Range: 2202719–2205452

when the visa is granted, but not in immigration clearance.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
858.5—When visa is in effect

858.511
  Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
858.6—Conditions

858.611
  If the applicant is outside Australia when the visa is granted:
 (a) first entry must be made before the date specified by the Minister; and
 (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.

Subclass 864—Contributory Aged Parent
864.1—Interpretation

864.111
  In this Part, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa means a person:
 (a) who, at the time of application, holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or
 (b) who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or
 (c) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application.
Note: Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
864.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
864.21—Criteria to be satisfied at time of application

864.211
 (1) The applicant is:
 (a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or
 (b) a person who:
 (i) is not the holder of a substantive visa; and
 (ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
 (iii) satisfies criterion 3002.
 (2) Subclause (1) does not apply to an applicant if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 864 (Contributory Aged Parent) visa.

864.212
  The applicant is:
 (a) the aged parent of a person (the child) who is:
 (i) a settled