Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p30
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 30/178)
Character Range: 1499140–1501856

(a) satisfies the secondary criteria; and
 (b) holds a student visa at the time of application;
the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
 (2) In any other case, 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.
165.5—When visa is in effect

165.511
  Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
165.6—Conditions

165.611
  If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.

165.612
  If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.

Subclass 173—Contributory Parent (Temporary)
173.1—Interpretation
Note: Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), 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).
173.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 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.
173.21—Criteria to be satisfied at time of application

173.211
  The applicant is a parent of a person (the child) who is:
 (a) a settled Australian citizen; or
 (b) a settled Australian permanent resident; or
 (c) a settled eligible New Zealand citizen.

173.212
 (1) The applicant is sponsored in accordance with subclause (2) or (3).
 (2) If the child has turned 18, the applicant is sponsored by:
 (a) the child; or
 (b) the child's cohabiting spouse or de facto partner, if that spouse or de facto partner:
 (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 that 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 relative or guardian of the child; and
 (ii) has turned 18; and
 (iii) is:
 (A) a settled