Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p70
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 70/80)
Character Range: 1375834–1378607

applicable to grant

115.411
  The applicant must be 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.
115.5—When visa is in effect

115.511
  Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
115.6—Conditions

115.611
  First entry must be made before a date specified by the Minister for the purpose.

115.612
  Either or both of conditions 8502 and 8515 may be imposed.

Subclass 116—Carer
116.1—Interpretation
Note: dependent child and eligible New Zealand citizen are defined in regulation 1.03, carer is defined in regulation 1.15AA, de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).
116.2—Primary criteria
Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
116.21—Criteria to be satisfied at time of application

116.211
 (1) The applicant claims to be a carer of an Australian relative of the applicant.
 (2) In this clause, Australian relative, in relation to an applicant, means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

116.212
  The applicant is sponsored:
 (a) by the Australian relative mentioned in clause 116.211 if that relative has turned 18; or
 (b) by the spouse or de facto partner of the Australian relative if:
 (i) the spouse or de facto partner cohabits with the relative; and
 (ii) the spouse or de facto partner is an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen; and
 (iii) the spouse or de facto partner has turned 18.
116.22—Criteria to be satisfied at time of decision

116.221
  The applicant is a carer of the Australian relative mentioned in clause 116.211.

116.222
  The sponsorship referred to in clause 116.212 has been approved by the Minister and is still in force.

116.223
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

116.224
  If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001.

116.226
 (1) Each person who is covered by subclause (2), (3) or (4):
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and
 (b) if the person had turned 18 at the time of application—satisfies public interest