Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p38
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 38/40)
Character Range: 2205226–2207827

for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 864 (Contributory Aged Parent) visa.

864.212
  The applicant is:
 (a) the aged parent of a person (the child) who is:
 (i) a settled Australian citizen; or
 (ii) a settled Australian permanent resident; or
 (iii) a settled eligible New Zealand citizen; or
 (ab) the holder of a substituted Subclass 600 visa, and is the parent of a person (the child) who is:
 (i) a settled Australian citizen; or
 (ii) a settled Australian permanent resident; or
 (iii) a settled eligible New Zealand citizen; or
 (b) a person:
 (i) who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
 (ii) who is no longer the parent of the child because the child has died; and
 (iii) who is not the parent of another child; or
 (c) a person:
 (i) who is the holder of a substituted Subclass 600 visa; and
 (ii) who was, before he or she was granted the substituted Subclass 600 visa, the holder of a Subclass 884 (Contributory) Aged Parent (Temporary)) visa that ceased to be in effect; and
 (iii) who is no longer the parent of the child because the child has died; and
 (iv) who is not the parent of another child; or
 (d) a person:
 (i) who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
 (ii) who, immediately before he or she was granted the Subclass 884 (Contributory Aged Parent (Temporary)) visa, was the holder of a substituted Subclass 600 visa.

864.213
 (1) The applicant is:
 (a) sponsored in accordance with subclause (2) or (3); or
 (b) taken, under subclause (4), to be sponsored in accordance with this clause; or
 (c) satisfies the criterion in paragraph 864.212(c).
 (2) If the child has turned 18, the applicant is sponsored by:
 (a) the child; or
 (b) the child's cohabiting spouse or de facto partner, if the spouse or de facto partner:
 (i) has turned 18; and
 (ii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen.
 (3) If the child has not turned 18, the applicant is sponsored by:
 (a) the child's cohabiting spouse, if the spouse:
 (i) has turned 18; and
 (ii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen; or
 (b) a person who:
 (i) is a relative or guardian of the child; and
 (ii) has turned 18; and
 (iii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen; or
 (c) if the child