Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p172
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 172/178)
Character Range: 1856123–1858764

Subclass 476 visa.
476.32—Criteria to be satisfied at time of decision

476.321
  The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 476 visa.

476.322
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

476.323
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

476.324
  If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
476.4—Circumstances applicable to grant

476.411
 (1) If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.
 (2) If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.

476.412
  In any other case, an applicant may be in or outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
476.5—When visa is in effect

476.511
  Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

476.512
 (1) Despite clause 476.511, a visa to which subclause (2) or (3) of this clause applies is a temporary visa permitting the holder to travel to, enter and remain in Australia until 14 April 2024.
 (2) This subclause applies to a Subclass 476 visa at and after the end of the date (the original end date) specified by the Minister in relation to the visa as mentioned in clause 476.511 if:
 (a) the visa was granted on the basis that the person to whom it was granted satisfied the primary criteria for the grant of the visa; and
 (b) the person was outside Australia on a day to which all of the following subparagraphs apply:
 (i) the day occurred on or before the original end date;
 (ii) the day occurred between 1 February 2020 and 14 December 2021;
 (iii) the visa was in effect on the day; and
 (c) the original end date occurs before 14 April 2024; and
 (d) the