Document ID: chunk:federal_register_of_legislation:C2017C00034:clause:1_201aa
Version: federal_register_of_legislation:C2017C00034
Segment Type: clause
Provision Reference: sch 1 cl 201AA
Character Range: 10414–12210

201AA  Newly arrived resident's waiting period
 (1) A person who:
 (a) enters Australia, on or after the commencement of this section; and
 (b) is a person to whom one of the following applies:
 (i) the person has not been an Australian resident for a period of, or periods totalling, 104 weeks; or
 (ii) the person has applied for a subclass 820 visa—Extended eligibility (spouse), but has not been in Australia for a period of, or periods totalling, 104 weeks after applying for that visa; or
 (iii) the person has applied for a subclass 826 visa—Interdependency, but has not been in Australia for a period of, or periods totalling, 104 weeks after applying for that visa; or
 (iv) the person has applied for a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph;
is subject to a newly arrived resident's waiting period.
Note: For Australian resident see subsection 7(2).
 (2) Subsection (1) does not apply to a person who is the holder of:
 (a) a subclass 832 visa—Close ties; or
 (b) a subclass 833 visa—Certain unlawful non‑citizens.
 (3) Subsection (1) does not apply to a person who is:
 (a) the holder of a subclass 104 visa—Preferential family; and
 (b) a special needs relative.
 (4) Subsection (1) does not apply to a person who is:
 (a) the holder of a subclass 806 visa—Family; and
 (b) a special needs relative.
 (5) Subsection (1) does not apply to a person who is:
 (a) a refugee or a former refugee; or
 (b) a family member of a refugee, or former refugee, at the time the refugee or former refugee arrived in Australia.
 (6) In this section:
family member has the same meaning as in subsection 7(6D).
refugee has the same meaning as in subsection 7(6B).
special needs relative has the same meaning as in the Migration Regulations.