Regulation 2.08 — Application by newborn child

2.08 Application by newborn child

(1) If:

(a) a non-citizen applies for a visa; and

(b) after the application is made, but before it is decided, a child, other than a contributory parent newborn child, is born to the non-citizen;

then:

(c) the child is taken to have applied for a visa of the same class at the time he or she was born; and

(d) the child’s application is taken to be combined with the non-citizen’s application.

(2) Despite any provision in Schedule 2, a child referred to in subregulation (1):

(a) must satisfy the criteria to be satisfied at the time of decision; and

(b) at the time of decision must satisfy a criterion (if any) applicable at the time of application that an applicant must be sponsored, nominated or proposed. Note: Regulations 2.07AL and 2.08AA apply in relation to an application by a contributory parent newborn child.