Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 1/40)
Character Range: 2112252–2115059

2     was the holder of a substituted Subclass 600 visa at the time of application      (a) 4001, 4002 and 4003; and
                                                                                        (b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criteria.

804.4—Circumstances applicable to grant

804.411
 (1) Unless subclause (2) of this clause applies to the visa, the applicant must be in Australia, but not in immigration clearance, when the visa is granted.
 (2) This subclause applies to a visa if:
 (a) the application for the visa was made before 24 March 2021; and
 (b) the applicant for the visa was outside Australia on 24 March 2021; and
 (c) the visa is granted after 23 March 2021; and
 (d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and
 (e) the applicant for the visa is not in immigration clearance.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
804.5—When visa is in effect

804.511
  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
804.6—Conditions:   Nil.

Subclass 808—Confirmatory (Residence)
808.1—Interpretation
Note: No interpretation provisions specific to this Part.
808.2—Primary criteria
808.21—Criteria to be satisfied at time of application

808.211A
  The applicant satisfies:
 (a) clauses 808.211 and 808.212; or
 (b) clause 808.213 (which applies in relation to some former holders of Norfolk Island immigration permits).

808.211
  The applicant:
 (a) is the holder of a Resident Return (Temporary) (Class TP) visa and satisfies the Minister that he or she would have satisfied the criteria for the grant of a Return (Residence) (Class BB) visa at the time he or she was granted the Resident Return (Temporary) (Class TP) visa; or
 (b) is a person who is the holder of an Emergency (Temporary) (Class TI) visa and:
 (i) either:
 (A) satisfies the remaining criteria, within the meaning of Part 302; or
 (B) is unable to satisfy those criteria, but is able to substantiate a claim to be an Australian permanent resident; or
 (ii) is a member of the family unit of a person who:
 (A) is the holder of a Subclass 302 (Emergency (Permanent Visa Applicant)) visa; and
 (B) has satisfied the primary criteria; or
 (c) is the holder of a Border (Temporary) (Class TA) visa and satisfies the Minister that he or she would have satisfied the criteria for the grant of a Return (Residence) (Class BB) visa when he or she was granted the Border (Temporary) (Class TA) visa; or
 (d) is the holder of a Class 301 (Australian requirement) entry permit or visa granted under the Migration (1993) Regulations and has satisfied the