Subclass 151 — Former Resident

Note: This Subclass applies in relation to an application for a visa made on or after 1 November 2005. Subclass 151 visas that relate to the former Special Eligibility (Migrant) (Class AR) visa will not be available to applicants who apply on or after 1 November 2005.

151.1—Interpretation

151.111

In this Part: Australian defence service means:

(a) service in the Military Forces of the Commonwealth under a notice served under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964; or

(b) service before 19 January 1981:

(i) in the Permanent Forces; or

(ii) by a member of the armed forces of a foreign country on secondment to, or duty with, the Permanent Forces if the member was a permanent resident of Australia during the period of service.

defence service applicant means an applicant who satisfies the Minister that he or she:

(a) has completed at least 3 months continuous Australian defence service; or

(b) was discharged before completing 3 months of Australian defence service because the applicant was medically unfit for service, or further service, and became medically unfit because of the applicant’s Australian defence service.

long residence applicant means an applicant who satisfies the Minister that he or she:

(a) spent the greater part of his or her life before the age of 18 in the migration zone as an Australian permanent resident; and

(b) did not at any time acquire Australian citizenship; and

(c) has maintained business, cultural or personal ties with Australia; and

(d) has not turned 45 at the time of application.

the Permanent Forces has the same meaning as it has in the Defence Act 1903.

151.2—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.

151.21—Criteria to be satisfied at time of application

151.211

If the applicant is in Australia, either:

(a) the applicant is the holder of a substantive visa, other than a Subclass 771 (Transit) visa; or

(b) the applicant:

(i) is not the holder of a substantive visa, and immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

(ii) satisfies Schedule 3 criterion 3002.

151.212

The applicant is a long residence applicant or a defence service applicant.

151.22—Criteria to be satisfied at time of decision

151.221

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

151.222

If the applicant is a long residence applicant who is outside Australia, the applicant also satisfies public interest criterion 4005.

151.223

If the applicant is:

(a) a long residence applicant who is in Australia; or

(b) a defence service applicant;

the applicant also satisfies public interest criterion 4007.

151.224

If the applicant is under 18, the applicant also satisfies public interest criteria 4017 and 4018.

151.225

If the applicant is a long residence applicant who is outside Australia:

(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4005; and

(b) each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who:

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

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

(c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010.

151.226

If the applicant is a long residence applicant who is in Australia:

(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and

(b) each member of the family unit of the applicant who is an applicant for a Special Eligibility (Class CB) visa is a person who:

(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and

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

(c) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002.

151.227

If the applicant is a defence service applicant:

(a) each member of the family unit of the applicant, who is not an applicant for a Special Eligibility (Class CB) visa, is a person who satisfies public interest criteria 4001, 4002, 4003, 4004 and 4007 unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to criterion 4007; and

(b) each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa, is a person who:

(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and

(ii) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

151.227A

If the applicant is a defence service applicant who is outside Australia, each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001, 5002 and 5010.

151.227B

If the applicant is a defence service applicant who is in Australia, each member of the family unit of the applicant, who is an applicant for a Special Eligibility (Class CB) visa and who has previously been in Australia, is a person who satisfies special return criteria 5001 and 5002.

151.228

If a person (an additional applicant):

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

(b) is also an applicant for a Special Eligibility (Class CB) visa; and

(c) has not turned 18;

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

151.229

If the applicant:

(a) is in Australia; and

(b) has previously been in Australia;

the applicant satisfies special return criteria 5001 and 5002.

151.229A

If the applicant:

(a) is outside Australia; and

(b) has previously been in Australia;

the applicant satisfies special return criteria 5001, 5002 and 5010.

151.229B

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

151.3—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.

151.31—Criteria to be satisfied at time of application

151.311

The applicant is a member of the family unit of a person who:

(a) has applied for a Special Eligibility (Class CB) visa; and

(b) on the basis of the information provided in that application, appears to satisfy the criteria in Subdivision 151.21;

and the Minister has not decided to grant or refuse to grant a visa to the person.

151.32—Criteria to be satisfied at time of decision

151.321

The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa.

151.322

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009, 4010 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

151.323

If the applicant is a member of the family unit of a person who:

(a) was a long residence applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; and

(b) was outside Australia at the time of the person’s application;

the applicant also satisfies public interest criterion 4005.

151.324

If the applicant is a member of the family unit of a person who:

(a) was a long residence applicant in Australia who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa; or

(b) was a defence service applicant who, having satisfied the primary criteria in this Part, is the holder of a Subclass 151 visa;

the applicant also satisfies public interest criterion 4007.

151.325

If the applicant has not turned 18, the applicant also satisfies public interest criteria 4017 and 4018.

151.326

If the applicant:

(a) is in Australia; and

(b) has previously been in Australia;

the applicant satisfies special return criteria 5001 and 5002.

151.327

If the applicant:

(a) is outside Australia; and

(b) has previously been in Australia;

the applicant satisfies special return criterion 5001, 5002 and 5010.

151.328

If the Minister has requested an assurance of support in relation to the person who satisfied the primary criteria, the Minister is satisfied that:

(a) the applicant is included in the assurance of support given in relation to that person, 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.

151.4—Circumstances applicable to grant

151.411

If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

151.412

If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant. Note: The second instalment of the visa application charge must be paid before the visa can be granted.

151.5—When visa is in effect

151.511

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

151.6—Conditions

151.611

For an applicant who was outside Australia at the time of application:

(a) first entry must be made before a date specified by the Minister for the purpose; and

(b) condition 8502 may be imposed.

Note: No conditions have been prescribed for other applicants.