Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p39
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 39/40)
Character Range: 2207598–2210300

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) The applicant is taken to be sponsored in accordance with this clause if:
 (a) the applicant:
 (i) is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; or
 (ii) both:
 (A) was the holder of a Subclass 884 (Contributory Aged 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 884 (Contributory Aged Parent (Temporary)) visa dies before the Subclass 884 (Contributory Aged 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).

864.214
  For an applicant who, at the time of application, is neither:
 (a) the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; nor
 (b) the holder of a substituted Subclass 600 visa;
the applicant satisfies the balance of family test.
864.22—Criteria to be satisfied at time of decision

864.221
 (1) If the applicant met the requirement in paragraph 864.212(ab) at the time of application, the applicant continues to be the parent of the child mentioned in that paragraph.
 (2) If the applicant met the requirement in paragraph 864.212(c) at the time of application, the applicant is not the parent of a child other than the child mentioned in subparagraph 864.212(c)(iii).
 (3) If the applicant met another requirement in clause 864.212 at the time of application, the applicant continues to meet the requirement.

864.222
  For an applicant who satisfies the criterion in paragraph 864.213(1)(a) or (b), if a sponsorship of the kind mentioned in subclause 864.213(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 864.213(2) or (3);
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