Document ID: chunk:federal_register_of_legislation:F2025C00115:schedule:2:p56
Version: federal_register_of_legislation:F2025C00115
Segment Type: schedule
Provision Reference: sch 2 (pt 56/80)
Character Range: 1340818–1343579

a person who:
 (i) is a relative or guardian of the child; and
 (ii) has turned 18; and
 (iii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a 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) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen; or
 (d) a community organisation.
 (4) In this clause, the child means the settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen referred to in clause 103.211.
 (5) This clause does not apply if the applicant meets the requirements of subclause 103.214(2).

103.213
 (1) The applicant satisfies the balance of family test.
 (2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.214(2).

103.214
 (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 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 103 (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 103 (Parent) visa was made.
 (3) This clause does not apply if the applicant satisfies the criteria in clauses 103.211, 103.212 and 103.213.
103.22—Criteria to be satisfied at time of decision

103.221
 (1) The applicant continues to satisfy the criterion in clause 103.211.
 (2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.214(2).

103.222
 (1) A sponsorship of the kind mentioned in clause 103.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application.
Note: The applicant may seek the Minister's approval for a change of sponsor as long as the new sponsor meets the description in clause 103.212.
 (2) Subclause (1) does not apply if the applicant meets the requirements of subclause 103.214(2).

103.224
  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