Subclass 114 — Aged Dependent Relative

114.1—Interpretation

Note: aged dependent relative, dependent child, eligible New Zealand citizen and settled are defined in regulation 1.03, 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).

114.2—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.

114.21—Criteria to be satisfied at time of application

114.211

The applicant is an aged dependent relative of a person who is:

(a) an Australian citizen; or

(b) an Australian permanent resident; or

(c) an eligible New Zealand citizen.

114.212

(1) The applicant is sponsored:

(a) if the Australian relative has turned 18 and is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen—by the Australian relative; or

(b) by the spouse or de facto partner of the Australian relative, if the spouse or de facto partner:

(i) cohabits with the Australian relative; and

(ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; and

(iii) has turned 18.

(2) In this clause, the Australian relative means the person mentioned in clause 114.211 of whom the applicant is an aged dependent relative.

114.22—Criteria to be satisfied at time of decision

114.221

The applicant continues to satisfy the criterion in clause 114.211.

114.222

The sponsorship referred to in clause 114.212 has been approved by the Minister and is still in force.

114.223

The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and 4021.

114.224

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

114.225

The Minister is satisfied that an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

114.226

(1) Each member of the family unit of the applicant who is an applicant for a Subclass 114 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020; and

(aa) if the person had turned 18 at the time of application, satisfies public interest criterion 4019; and

(b) if the member has previously been in Australia, satisfies special return criteria 5001 and 5002.

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 114 visa is a person who:

(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 person to undergo assessment in relation to that criterion.

114.227

If a person (in this clause called the additional applicant):

(a) is a member of the family unit of the applicant; 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.

114.3—Secondary criteria

Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

114.31—Criteria to be satisfied at time of application

114.311

The applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 114.21.

114.312

The sponsorship referred to in clause 114.212 of the person who satisfies the primary criteria includes sponsorship of the applicant.

114.32—Criteria to be satisfied at time of decision

114.321

The applicant continues to be a member of the family unit of a person who is the holder of a Subclass 114 visa.

114.322

The sponsorship referred to in clause 114.312 has been approved by the Minister and is still in force.

114.323

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.

114.324

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

114.325

The Minister is satisfied that:

(a) the applicant is included in the assurance of support given in relation to the person who satisfies the primary criteria, and that assurance has been accepted by the Secretary of Social Services; or

(b) an assurance of support in relation to the applicant has been accepted by the Secretary of Social Services.

114.326

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

114.4—Circumstances applicable to grant

114.411

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.

114.5—When visa is in effect

114.511

Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

114.6—Conditions

114.611

First entry must be made before a date specified by the Minister for the purpose.

114.612

Either or both of conditions 8502 and 8515 may be imposed.