Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p79
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 79/80)
Character Range: 1398323–1401076

accordance with this clause if:
 (a) the applicant:
 (i) is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa at the time of application; or
 (ii) both:
 (A) was the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; and
 (B) is the holder of a substituted Subclass 600 visa at the time of application; and
 (b) the person who sponsored the applicant for the Subclass 173 (Contributory Parent (Temporary)) visa dies before the Subclass 173 (Contributory Parent (Temporary)) visa ceases to be in effect; and
 (c) there is no other sponsor available who could meet the requirements set out in subclause (2) or (3).
 (5) This clause does not apply if the applicant meets the requirements of subclause 143.214(2).

143.213
 (1) For an applicant who, at the time of application, is neither:
 (a) the holder of a Subclass 173 (Contributory Parent (Temporary)) visa; nor
 (b) the holder of a substituted Subclass 600 visa;
the applicant satisfies the balance of family test.
 (2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.214
 (1) The applicant meets the requirements of subclause (2).
 (2) An applicant meets the requirements of this subclause if:
 (a) on 8 May 2018:
 (i) the applicant held a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; or
 (ii) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
 (b) during the period commencing on 8 May 2018 and ending on the day the application for the Subclass 143 (Contributory Parent) visa is made, the applicant has not held any substantive visa other than a visa mentioned in subparagraph (a)(i); and
 (c) the applicant was in Australia, but not in immigration clearance, when the application for the Subclass 143 (Contributory Parent) visa was made.
 (3) Subclause (1) does not apply if the applicant satisfies the criteria in clauses 143.211, 143.212 and 143.213.
143.22—Criteria to be satisfied at time of decision

143.221
 (1) The applicant continues to meet the requirements set out in clause 143.211.
 (2) Subclause (1) does not apply if the applicant meets the requirements of subclause 143.214(2).

143.222
  If a sponsorship of the kind mentioned in subclause 143.212(2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:
 (a) the sponsor at the time of application; or
 (b) another sponsor who meets the requirements set out in subclause 143.212(2) or (3);
whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the