Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p3
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 3/9)
Character Range: 249002–251741

have to satisfy the secondary criteria in Schedule 2 that would, but for this subregulation, need to be satisfied at the time of application; and
 (b) must satisfy the applicable secondary criteria to be satisfied at the time of decision.
 (2) Despite any provision in Schedule 1, a contributory parent newborn child:
 (a) who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa or a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and
 (b) whose parent has applied for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa, and either:
 (i) that application has not been finally determined; or
 (ii) the parent has been granted the permanent visa;
is taken to have made a combined application for the permanent visa, mentioned in paragraph (b), with the parent.
 (3) For subregulation (2), the contributory parent newborn child is taken to have made the application:
 (a) if the child was in Australia when the temporary visa was granted—on the grant of the temporary visa to the child; or
 (b) if the child was outside Australia when the temporary visa was granted—immediately after the child is immigration cleared.

2.08A  Addition of certain applicants to certain applications for permanent visas
 (1) If:
 (a) a person (in this regulation called the original applicant) applies for a permanent visa of a class for which Schedule 1, including Schedule 1 as it applies in relation to a particular class of visa, permits combined applications; and
 (b) after the application is made, but before it is decided, the Minister receives, in writing and in accordance with Division 2.3, a request from the original applicant to have:
 (i) the spouse or de facto partner; or
 (ii) a dependent child;
  of the original applicant (the additional applicant) added to the original applicant's application; and
 (c) the request includes a statement that the original applicant claims that the additional applicant is:
 (i) the spouse or de facto partner; or
 (ii) a dependent child;
  as the case requires, of the original applicant; and
 (d) the additional applicant charge (if any) has been paid in relation to the additional applicant; and
 (da) at the time when:
 (i) the Minister has received the request; and
 (ii) the additional applicant charge (if any) has been paid;
  the additional applicant satisfies the provisions of Schedule 1 that relate to the whereabouts of an applicant at the time of application and apply to a visa of the same class;
then:
 (e) the additional applicant is taken to have applied for a visa of the same class; and
 (f) the application of the additional applicant:
 (i) is taken to have been made on the later of:
 (A) the Minister