Document ID: chunk:federal_register_of_legislation:C2004A01090:schedule:3:p4
Version: federal_register_of_legislation:C2004A01090
Segment Type: schedule
Provision Reference: sch 3 (pt 4/11)
Character Range: 45659–48305

if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 864 (Contributory Aged Parent) visa.

864.212 The applicant is:
 (a) the aged parent of a person (the child) who is:
 (i) a settled Australian citizen; or
 (ii) a settled Australian permanent resident; or
 (iii) a settled eligible New Zealand citizen; or
 (b) a person who:
 (i) is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; and
 (ii) is no longer the parent of a child described in paragraph (a) because the child has died; and
 (iii) is not the parent of another child described in paragraph (a).

864.213 (1)   The applicant is:
 (a) sponsored in accordance with subclause (2) or (3); or
 (b) taken, under subclause (4), to be sponsored in accordance with this clause.

 (2)   If the child has turned 18, the applicant is sponsored by:
 (a) the child; or
 (b) the child's cohabiting spouse, if the spouse:
 (i) has turned 18; and
 (ii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen.

 (3)   If the child has not turned 18, the applicant is sponsored by:
 (a) the child's cohabiting spouse, if the spouse:
 (i) has turned 18; and
 (ii) is:
 (A) a settled Australian citizen; or
 (B) a settled Australian permanent resident; or
 (C) a settled eligible New Zealand citizen; or
 (b) a person who:
 (i) is a close 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 close 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 is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) 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 If the applicant is not the holder of a Subclass 884