Regulation 2.08AA — Application by contributory parent newborn child

2.08AA Application by contributory parent newborn child

(1) Despite any provision in Schedule 2, a contributory parent newborn child who applies for a Contributory Parent (Temporary) (Class UT) visa or a Contributory Aged Parent (Temporary) (Class UU) visa:

(a) does not have to satisfy the secondary criteria in Schedule 2 that would, but for this subregulation, need to be satisfied at the time of application; and

(b) must satisfy the applicable secondary criteria to be satisfied at the time of decision.

(2) Despite any provision in Schedule 1, a contributory parent newborn child:

(a) who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa or a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(b) whose parent has applied for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa, and either:

(i) that application has not been finally determined; or

(ii) the parent has been granted the permanent visa;

is taken to have made a combined application for the permanent visa, mentioned in paragraph (b), with the parent.

(3) For subregulation (2), the contributory parent newborn child is taken to have made the application:

(a) if the child was in Australia when the temporary visa was granted—on the grant of the temporary visa to the child; or

(b) if the child was outside Australia when the temporary visa was granted— immediately after the child is immigration cleared.