# Carer > visa-116 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Subclass 116—Carer 116.1—Interpretation Note: dependent child and eligible New Zealand citizen are defined in regulation 1.03, carer is defined in regulation 1.15AA, 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). 116.2—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. 116.21—Criteria to be satisfied at time of application 116.211 (1) The applicant claims to be a carer of an Australian relative of the applicant. (2) In this clause, Australian relative, in relation to an applicant, means a relative of the applicant who is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. 116.212 The applicant is sponsored: (a) by the Australian relative mentioned in clause 116.211 if that relative has turned 18; or (b) by the spouse or de facto partner of the Australian relative if: (i) the spouse or de facto partner cohabits with the relative; and (ii) the spouse or de facto partner is an Australian citizen or an Australian permanent resident or an eligible New Zealand citizen; and (iii) the spouse or de facto partner has turned 18. 116.22—Criteria to be satisfied at time of decision 116.221 The applicant is a carer of the Australian relative mentioned in clause 116.211. 116.222 The sponsorship referred to in clause 116.212 has been approved by the Minister and is still in force. Schedule 2 Provisions with respect to the grant of Subclasses of visas Subclass 116 Carer Clause 116.223 116.223 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 public interest criterion 4019. 116.224 If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001. 116.226 (1) Each person who is covered by subclause (2), (3) or (4): (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and (b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and (c) if the person has previously been in Australia—satisfies special return criterion 5001. (2) This subclause covers a person: (a) who is a member of the family unit of the applicant (the primary applicant); and (b) who is also an applicant for a Subclass 116 visa. (3) This subclause covers a person (the relevant person) if: (a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and (b) the relevant person is an applicant for a Subclass 116 visa; and (c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant: (i) the relevant person; (ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant; (iii) a dependent child of the relevant person or of the primary applicant. Note: For special provisions relating to family violence, see Division 1.5. (4) This subclause covers a person if: (a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and (b) the person is an applicant for a Subclass 116 visa; and (c) the person is a member of the family unit of a person covered by subclause (3). 116.226A (1) Each person: (a) who is a member of the family unit of the applicant; and (b) who is not an applicant for a Subclass 116 visa; satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. (2) Each person: (a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member of the family unit of the applicant; and (b) who is a member of the family unit of a person covered by subclause 116.226(3) or (4); and (c) who is not an applicant for a Subclass 116 visa; satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. 116.227 If a person (in this clause called the additional applicant): (a) is a person covered by subclause 116.226(2), (3) or (4); and (b) has not turned 18; and (c) made a combined application with the applicant— public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant. 116.229 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 116.3—Secondary criteria Note: These criteria are for applicants seeking to satisfy the secondary criteria. 116.31—Criteria to be satisfied at time of application 116.311 (1) The applicant: (a) is a member of the family unit of, and made a combined application with, a person (the primary applicant) who satisfies the primary criteria in Subdivision 116.21;or (b) is a member of the family unit of a person covered by subclause (2). (2) This subclause covers a person (the relevant person) if: (a) the relevant person was, at the time of the relevant person’s application for the visa, the spouse or de facto partner of the primary applicant; and (b) the relevant person made a combined application with the primary applicant; and (c) the relationship between the relevant person and the primary applicant has ceased; and (d) one or more of the following has experienced family violence committed by the primary applicant: (i) the relevant person; (ii) a member of the family unit of the relevant person or the primary applicant; (iii) a dependent child of the relevant person or primary applicant. Note: For special provisions relating to family violence, see Division 1.5. 116.312 (1) The sponsorship referred to in clause 116.212 of the person who satisfies the primary criteria includes sponsorship of the applicant. (2) Subclause (1) does not apply if paragraph 116.311(1)(b) applies to the applicant. 116.32—Criteria to be satisfied at time of decision 116.321 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5). (2) The applicant meets the requirements of this subclause if the applicant: (a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 116 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and (b) made a combined application with the primary applicant. (3) The applicant meets the requirements of this subclause if: (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 116 visa, and the primary applicant has since been granted that visa; and (b) the relationship between the primary applicant and the applicant has ceased; and (c) one or more of the following has experienced family violence committed by the primary applicant: (i) the applicant; (ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant; (iii) a dependent child of the applicant or of the primary applicant; and (d) the applicant entered Australia after the applicant’s visa application was made. (4) The applicant meets the requirements of this subclause if: (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 116 visa; and (b) the relationship between the primary applicant and the applicant has ceased; and (c) one or more of the following has experienced family violence committed by the primary applicant: (i) the applicant; (ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant; (iii) a dependent child of the applicant or of the primary applicant; and (d) the applicant entered Australia after the applicant’s visa application was made; and (e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)). (5) The applicant meets the requirements of this subclause if: (a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and (b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and (c) a Subclass 116 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5. 116.322 (1) The applicant is sponsored: (a) by an Australian relative for the applicant, an Australian relative for the primary applicant mentioned in subclause 116.321(2), (3) or (4) or an Australian relative for an applicant who meets the requirements of subclause 116.321(3) or (4), if the relative: (i) has turned 18; and (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or (b) by the spouse or de facto partner of the relative, if the spouse or de facto partner: (i) has turned 18; and (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and (iii) cohabits with the Australian relative. (2) The sponsorship is approved by the Minister and is in force. 116.323 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 public interest criterion 4019. 116.324 If the applicant has previously been in Australia, the applicant satisfies special return criterion 5001. 116.326 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 116.327 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 116.321(3) or (4). (2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa satisfies: (a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and (b) if the applicant has previously been in Australia—special return criteria 5001. (3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa and who has turned 18 at the time of application satisfies public interest criterion 4019. (4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 116 visa and who has not turned 18 at the time of decision. (5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 116 visa: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion. 116.4—Circumstances applicable to grant 116.411 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, unless the applicant is a person in relation to whom the Minister has determined that the second instalment of the visa application charge should not be paid because the Minister is satisfied that payment of the instalment has caused, or is likely to cause, severe financial hardship to the applicant or to the person of whom the applicant is a carer. 116.5—When visa is in effect 116.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant. 116.6—Conditions 116.611 First entry must be made before a date specified by the Minister for the purpose. 116.612 Either or both of conditions 8502 and 8515 may be imposed.