Subclass 173 — Contributory Parent (Temporary)

173.1—Interpretation

Note: Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), 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).

173.2—Primary criteria

Note: The primary criteria must be satisfied by at least 1 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.

173.21—Criteria to be satisfied at time of application

173.211

The applicant is a parent of a person (the child) who is:

(a) a settled Australian citizen; or

(b) a settled Australian permanent resident; or

(c) a settled eligible New Zealand citizen.

173.212

(1) The applicant is sponsored in accordance with subclause (2) or (3).

(2) If the child has turned 18, the applicant is sponsored by:

(a) the child; or

(b) the child’s cohabiting spouse or de facto partner, if that spouse or de facto partner:

(i) has turned 18; and

(ii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen.

(3) If the child has not turned 18, the applicant is sponsored by:

(a) the child’s cohabiting spouse, if that spouse:

(i) has turned 18; and

(ii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(b) a person who:

(i) is a relative or guardian of the child; and

(ii) has turned 18; and

(iii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:

(i) is a relative or guardian of the child’s spouse; and

(ii) has turned 18; and

(iii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(d) a community organisation.

173.213

The applicant satisfies the balance of family test.

173.22—Criteria to be satisfied at time of decision

173.221

The applicant continues to satisfy the criterion in clause 173.211.

173.222

A sponsorship of the kind mentioned in clause 173.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application. Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 173.212.

173.224

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.

173.225

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

173.226

Each member of the family unit of the applicant who is an applicant for a Subclass 173 (Contributory Parent (Temporary)) 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 person has previously been in Australia, satisfies special return criteria 5001, 5002 and 5010.

173.227

Each member of the family unit of the applicant who is not an applicant for a Subclass 173 (Contributory Parent (Temporary)) 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 for that criterion.

173.228

If a person (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.

173.229

If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

173.3—Secondary criteria

173.31—Criteria to be satisfied at time of application

173.311

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 173.21.

173.312

A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant.

173.32—Criteria to be satisfied at time of decision

173.321

Unless the applicant is a contributory parent newborn child, the applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa.

173.322

A sponsorship of the kind mentioned in clause 173.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant;

whether or not the sponsor was the sponsor at the time of application.

173.322A

A contributory parent newborn child is taken to be sponsored if:

(a) the contributory parent newborn child’s parent is taken to be sponsored in accordance with subclause 143.212(4); or

(b) the following criteria apply in relation to the contributory parent newborn child’s parent:

(i) the parent is the holder of a Subclass 143 (Contributory Parent) visa at the time of the contributory parent newborn child’s application;

(ii) the person who sponsored the parent for the Subclass 143 (Contributory Parent) visa has died; or

(c) the following criteria apply in relation to the contributory parent newborn child’s parent:

(i) at the time of the contributory parent newborn child’s application, the parent is the holder of:

(A) a Subclass 173 (Contributory Parent (Temporary)) visa; or

(B) a bridging visa, and the last substantive visa held by that parent was a Subclass 173 (Contributory Parent (Temporary)) visa;

(ii) the person who sponsored the parent for the Subclass 173 (Contributory Parent (Temporary)) visa has died.

173.323

If the applicant is not a contributory parent newborn child, the applicant:

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

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

173.324

If the applicant:

(a) is not a contributory parent newborn child; and

(b) has previously been in Australia;

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

173.325

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

173.326

If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

173.327

If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.

173.328

The applicant satisfies public interest criteria 4020 and 4021.

173.4—Circumstances applicable to grant

173.411

(1) Unless:

(a) the applicant is a contributory parent newborn child; or

(b) subclause (2) of this clause applies to the visa;

the applicant must be outside Australia when the visa is granted.

(2) This subclause applies to a visa if:

(a) the application for the visa was made before 24 March 2021; and

(b) the applicant for the visa was in Australia on 24 March 2021; and

(c) the visa is granted after 23 March 2021; and

(d) the visa is granted before the end of the concession period described in subregulation 1.15N(1); and

(e) the applicant for the visa is in Australia, but not in immigration clearance, when the visa is granted. Note: The second instalment of the visa application charge must be paid before the visa can be granted.

173.412

If the applicant is a contributory parent newborn child, the applicant may be in or outside Australia when the visa is granted.

173.5—When visa is in effect

173.511

If the applicant is not a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia for 2 years from a date specified by the Minister for the purpose.

173.512

If the applicant is a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

173.6—Conditions

173.611

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

173.612

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