Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p8
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 8/9)
Character Range: 2093898–2096535

members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
804.21—Criteria to be satisfied at time of application

804.211
 (1) If the applicant is a person to whom section 48 of the Act applies, the applicant:
 (a) has not been refused a visa or had a visa cancelled under section 501 of the Act; and
 (b) since last applying for a substantive visa, has become an aged parent of:
 (i) an Australian citizen; or
 (ii) the holder of a permanent visa; or
 (iii) an eligible New Zealand citizen.
 (2) 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.

804.212
 (1) The applicant is:
 (a) in the case of an applicant who is not the holder of a substituted Subclass 600 visa:
 (i) the aged parent of a person (the child) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and
 (ii) sponsored in accordance with subclause (2) or (3); or
 (b) in the case of an applicant who is the holder of a substituted Subclass 600 visa:
 (i) the parent of a person (the child) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and
 (ii) sponsored in accordance with subclause (2) or (3).
 (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 settled Australian citizen, settled Australian permanent resident, or 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 that spouse:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, settled Australian permanent resident or 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 settled Australian citizen, settled Australian permanent resident, or settled eligible New Zealand citizen; or
 (c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:
 (i) is a relative or guardian of the child's spouse; and
 (ii) has turned 18; and
 (iii) is a settled Australian citizen, or settled Australian permanent resident, or settled eligible New Zealand citizen; or
 (d) a community organisation.

804.213
  If the