Subclass 804 — Aged Parent

804.1—Interpretation

804.111

In this Part: adult child, in relation to an applicant, means a child of the applicant who has turned 18. Note: Aged parent, eligible New Zealand citizen and outstanding are defined in regulation 1.03.

804.2—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.

804.21—Criteria to be satisfied at time of application

804.211

(1) If the applicant is a person to whom section 48 of the Act applies, the applicant:

(a) has not been refused a visa or had a visa cancelled under section 501 of the Act; and

(b) since last applying for a substantive visa, has become an aged parent of:

(i) an Australian citizen; or

(ii) the holder of a permanent visa; or

(iii) an eligible New Zealand citizen.

(2) The applicant is:

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

(b) a person who:

(i) is not the holder of a substantive visa; and

(ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa.

804.212

(1) The applicant is:

(a) in the case of an applicant who is not the holder of a substituted Subclass 600 visa:

(i) the aged parent of a person (the child) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and

(ii) sponsored in accordance with subclause (2) or (3); or

(b) in the case of an applicant who is the holder of a substituted Subclass 600 visa:

(i) the parent of a person (the child) who is a settled Australian citizen, settled Australian permanent resident or settled eligible New Zealand citizen; and

(ii) 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 the spouse or de facto partner:

(i) has turned 18; and

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

(d) a community organisation.

804.213

If the applicant is not the holder of a substantive visa, the applicant satisfies Schedule 3 criterion 3002.

804.214

If the applicant is not the holder of a substituted Subclass 600 visa, the applicant satisfies the balance of family test.

804.22—Criteria to be satisfied at time of decision

804.221

The applicant either:

(a) is an aged parent of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen mentioned in paragraph 804.212(1)(a); or

(b) if the applicant is the holder of a substituted Subclass 600 visa at the time of application—is the parent of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen mentioned in paragraph 804.212(1)(a).

804.222

A sponsorship of the kind mentioned in clause 804.212 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 804.212.

804.224

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

804.225

The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

Item If the applicant was … the public interest criteria to be satisfied by the applicant are ... 1 not the holder of a substituted Subclass 4001, 4002, 4003, 4004, 4005, 4009, 4010, 600 visa at the time of application 4019, 4020 and 4021 2 the holder of a substituted Subclass 600 4001, 4002, 4003, 4007, 4009, 4010, 4019, visa at the time of application 4020 and 4021

804.226

(1) Each person who is covered by subclause (2), (3) or (4) satisfies the public interest criteria mentioned in the item in the table that relates to the applicant (the primary applicant).

Item If the primary applicant … the public interest criteria to be satisfied by the person covered by subclause (2), (3) or (4) are … 1 was not the holder of a substituted (a) 4001, 4002, 4003, 4004, 4005, 4009, 4010 and Subclass 600 visa at the time of 4020; and application (b) if the person had turned 18 at the time of application—4019 2 was the holder of a substituted (a) 4001, 4002, 4003, 4007, 4009, 4010 and 4020; Subclass 600 visa at the time of and application (b) if the person had turned 18 at the time of application—4019

(2) This subclause covers a person:

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

(b) who is also an applicant for a Subclass 804 visa.

(3) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and

(b) the relevant person is an applicant for a Subclass 804 visa; and

(c) the Minister is satisfied that one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant;

(iii) a dependent child of the relevant person or of the primary applicant.

Note: For special provisions relating to family violence, see Division 1.5.

(4) This subclause covers a person if:

(a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) the person is an applicant for a Subclass 804 visa; and

(c) the person is a member of the family unit of a person covered by subclause (3).

804.226A

(1) Each person covered by subclause (2) or (3) satisfies the public interest criteria mentioned in the item in the table that relates to the applicant (the primary applicant).

Item If the primary applicant was … the public interest criteria to be satisfied by the person covered by subclause (2) or (3) are ... 1 not the holder of a substituted (a) 4001, 4002, 4003 and 4004; and Subclass 600 visa at the time of (b) 4005, unless the Minister is satisfied that it

Item If the primary applicant was … the public interest criteria to be satisfied by the person covered by subclause (2) or (3) are ... application would be unreasonable to require the person to undergo assessment for that criterion 2 the holder of a substituted Subclass (a) 4001, 4002 and 4003; and 600 visa at the time of application (b) 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment for that criterion

(2) This subclause covers a person:

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

(b) who is not an applicant for a Subclass 804 visa.

(3) This subclause covers a person:

(a) who was, at the time of application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and

(b) who is a member of the family unit of a person covered by subclause 804.226(3) or (4); and

(c) who is not an applicant for a Subclass 804 visa.

804.227

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

(a) is a person covered by subclause 804.226(2), (3) or (4); 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.

804.228

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

804.3—Secondary criteria

Note: These criteria are for applicants seeking to satisfy the secondary criteria.

804.31—Criteria to be satisfied at time of application

804.311

(1) The applicant:

(a) is a member of the family unit of a person (the primary applicant) who:

(i) has applied for an Aged Parent (Residence) (Class BP) visa; and

(ii) on the basis of the information provided in the application, appears to satisfy the criteria in Subdivision 804.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person; or

(b) is a member of the family unit of a person covered by subclause (2).

(2) This subclause covers a person (the relevant person) if:

(a) the relevant person was, at the time of the relevant person’s application for the visa, the spouse or de facto partner of the primary applicant; and

(b) the relevant person made a combined application with the primary applicant; and

(c) the relationship between the relevant person and the primary applicant has ceased; and

(d) one or more of the following has experienced family violence committed by the primary applicant:

(i) the relevant person;

(ii) a member of the family unit of the relevant person or the primary applicant;

(iii) a dependent child of the relevant person or primary applicant.

Note: For special provisions relating to family violence, see Division 1.5.

804.312

(1) A sponsorship of the kind mentioned in clause 804.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant.

(2) Subclause (1) does not apply if paragraph 804.311(1)(b) applies to the applicant.

804.32—Criteria to be satisfied at time of decision

804.321

(1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

(2) The applicant meets the requirements of this subclause if the applicant:

(a) is the member of the family unit of a person (the primary applicant) who holds a Subclass 804 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) made a combined application with the primary applicant.

(3) The applicant meets the requirements of this subclause if:

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 804 visa, and the primary applicant has since been granted that visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following has experienced family violence committed by the primary applicant:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the applicant entered Australia after the applicant’s visa application was made.

(4) The applicant meets the requirements of this subclause if:

(a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 804 visa; and

(b) the relationship between the primary applicant and the applicant has ceased; and

(c) one or more of the following has experienced family violence committed by the primary applicant:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant;

(iii) a dependent child of the applicant or of the primary applicant; and

(d) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)).

(5) The applicant meets the requirements of this subclause if:

(a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3) or (4); and

(b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3) or (4) (whichever applies to the secondary applicant); and

(c) a Subclass 804 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5.

804.322

The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

Item If the applicant is a member of the the public interest criteria to be satisfied by family unit of a person who is the applicant are ... mentioned in clause 804.321, and the person … 1 was not the holder of a substituted (a) 4001, 4002, 4003, 4004, 4005, 4009, 4010, Subclass 600 visa at the time of 4020 and 4021; and

Item If the applicant is a member of the the public interest criteria to be satisfied by family unit of a person who is the applicant are ... mentioned in clause 804.321, and the person … application (b) if the applicant had turned 18 at the time of application—4019 2 was the holder of a substituted Subclass (a) 4001, 4002, 4003, 4007, 4009, 4010, 4020 600 visa at the time of application and 4021; and

(b) if the applicant had turned 18 at the time of application—4019

804.323

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.

804.324

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

804.325

(1) Either:

(a) a sponsorship of the kind mentioned in clause 804.212, approved by the Minister, is in force and includes sponsorship of the applicant, whether or not the sponsor was the sponsor at the time of application; or

(b) the applicant is sponsored in accordance with subclause (2) and the sponsorship has been approved by the Minister and is in force.

(2) The applicant is sponsored:

(a) by a child of the primary applicant mentioned in subclause 804.321(2), (3) or (4), if the child:

(i) has turned 18; and

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

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

(i) has turned 18; and

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

(c) if the child or child’s cohabiting spouse or de facto partner has not turned 18—by a relative or guardian of the child or child’s cohabiting spouse or de facto partner, if the relative or guardian:

(i) has turned 18; and

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

(d) if the child has not turned 18—by a community organisation.

804.326

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

804.327

(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 804.321(3) or (4).

(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 804 visa must satisfy the public interest criteria mentioned in the item in the table that relates to the secondary applicant.

Item If the secondary applicant … the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are … 1 was not the holder of a substituted (a) 4001, 4002, 4003, 4004, 4005, 4009, 4010 and Subclass 600 visa at the time of 4020; and application (b) if the member of the family unit had turned 18 at the time of application—4019 2 was the holder of a substituted (a) 4001, 4002, 4003, 4007, 4009, 4010 and 4020; and Subclass 600 visa at the time of (b) if the member of the family unit had turned 18 at application the time of application—4019

(3) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 804 visa and who has not turned 18 at the time of decision.

(4) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 804 visa satisfies the public interest criteria mentioned in the item in the table that relates to the secondary applicant.

Item If the secondary applicant … the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are … 1 was not the holder of a substituted (a) 4001, 4002, 4003 and 4004; and Subclass 600 visa at the time of (b) 4005, unless the Minister is satisfied that it application would be unreasonable to require the person to undergo assessment for that criterion

Item If the secondary applicant … the public interest criteria to be satisfied by the member of the family unit of the secondary applicant are … 2 was the holder of a substituted (a) 4001, 4002 and 4003; and Subclass 600 visa at the time of (b) 4007, unless the Minister is satisfied that it application would be unreasonable to require the person to undergo assessment for that criteria.

804.4—Circumstances applicable to grant

804.411

(1) Unless subclause (2) of this clause applies to the visa, the applicant must be in Australia, but not in immigration clearance, 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 outside 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 not in immigration clearance. Note: The second instalment of the visa application charge must be paid before the visa can be granted.

804.5—When visa is in effect

804.511

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

804.6—Conditions: Nil.