Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 2/178)
Character Range: 1428205–1430932

Subclass applies in relation to an application for a visa made on or after 1 November 2005.
 Subclass 151 visas that relate to the former Special Eligibility (Migrant) (Class AR) visa will not be available to applicants who apply on or after 1 November 2005.
151.1—Interpretation

151.111
  In this Part:
Australian defence service means:
 (a) service in the Military Forces of the Commonwealth under a notice served under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964; or
 (b) service before 19 January 1981:
 (i) in the Permanent Forces; or
 (ii) by a member of the armed forces of a foreign country on secondment to, or duty with, the Permanent Forces if the member was a permanent resident of Australia during the period of service.
defence service applicant means an applicant who satisfies the Minister that he or she:
 (a) has completed at least 3 months continuous Australian defence service; or
 (b) was discharged before completing 3 months of Australian defence service because the applicant was medically unfit for service, or further service, and became medically unfit because of the applicant's Australian defence service.
long residence applicant means an applicant who satisfies the Minister that he or she:
 (a) spent the greater part of his or her life before the age of 18 in the migration zone as an Australian permanent resident; and
 (b) did not at any time acquire Australian citizenship; and
 (c) has maintained business, cultural or personal ties with Australia; and
 (d) has not turned 45 at the time of application.
the Permanent Forces has the same meaning as it has in the Defence Act 1903.
151.2—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.
151.21—Criteria to be satisfied at time of application

151.211
  If the applicant is in Australia, either:
 (a) the applicant is the holder of a substantive visa, other than a Subclass 771 (Transit) visa; or
 (b) the applicant:
 (i) is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and
 (ii) satisfies Schedule 3 criterion 3002.

151.212
  The applicant is a long residence applicant or a defence service applicant.
151.22—Criteria to be satisfied at time of decision

151.221
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

151.222
  If the applicant is a