Child (Residence) (Class BT)

(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(2) Visa application charge:

(a) first instalment (payable at the time the application is made):

(i) for an applicant:

(A) who appears to the Minister, on the basis of information contained in the application, to be an orphan relative; or

(B) whose application is combined, or sought to be combined, with an application made by that person:

(iii) for an applicant whose application is:

(A) supported by a letter of support from a State or Territory government welfare authority; or

(B) combined, or sought to be combined, with an application made by that person;

the amount is nil; and

(iv) for any other applicant:

Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application. Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.

(b) the second instalment (payable before grant of visa) is nil.

(3) Other:

(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).

(b) Applicant must be in Australia but not in immigration clearance.

(c) Application by a person claiming to be a member of the family unit of a person (the first applicant) who is an applicant for a Child (Residence) (Class BT) visa:

(i) if subparagraph (ii) does not apply—may be made at the same time and place as, and combined with, the application made by the first applicant; and

(ii) if the first applicant’s application for a Child (Residence) (Class BT) visa is supported by a letter of support from a State or Territory government welfare authority—may not be made at the same time and place as, and combined with, the application made by the first applicant.

(d) Application by a person whose application is supported by a letter of support from a State or Territory government welfare authority may be made if the person has not turned 18 at the time the application is made.

(e) For an application made by a person to whom section 48 of the Act applies:

(i) the applicant:

(A) has not turned 25; or

(B) claims to be incapacitated for work due to total or partial loss of bodily or mental functions; and

(ii) if the applicant is not claiming to be an orphan relative of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, the applicant must provide, at the same time and place as making the application, an approved form 40CH that has been completed and signed by an Australian citizen, Australian permanent resident or eligible New Zealand citizen who claims to be the parent of the applicant; and

(iii) if the applicant claims to be incapacitated for work due to total or partial loss of bodily or mental functions, the applicant must provide, at the same time and place as making the application, evidence from a medical practitioner that supports the applicant’s claim.

(f) An application is not a valid application if:

(i) the applicant seeks to meet the requirements in subclause 802.213(5) of Schedule 2 by claiming to have been adopted in an overseas country at a particular time; and

(ii) the country is specified by the Minister in a legislative instrument made for the purposes of this paragraph; and

(iii) if a period is specified in the instrument in relation to the country— the time referred to in subparagraph (i) is within that period.