Subclass 864 — Contributory Aged Parent

864.1—Interpretation

864.111

In this Part, a reference to an applicant who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa means a person:

(a) who, at the time of application, holds a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

(b) who has held a Subclass 884 (Contributory Aged Parent (Temporary)) visa at any time in the 28 days immediately before making the application; or

(c) in relation to whom the Minister is satisfied that compassionate and compelling circumstances exist for the person to be considered to have been the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application.

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).

864.2—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.

864.21—Criteria to be satisfied at time of application

864.211

(1) 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; and

(iii) satisfies criterion 3002.

(2) Subclause (1) does not apply to an applicant if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 864 (Contributory Aged Parent) visa.

864.212

The applicant is:

(a) the aged parent of a person (the child) who is:

(i) a settled Australian citizen; or

(ii) a settled Australian permanent resident; or

(iii) a settled eligible New Zealand citizen; or

(ab) the holder of a substituted Subclass 600 visa, and is the parent of a person (the child) who is:

(i) a settled Australian citizen; or

(ii) a settled Australian permanent resident; or

(iii) a settled eligible New Zealand citizen; or

(b) a person:

(i) who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(ii) who is no longer the parent of the child because the child has died; and

(iii) who is not the parent of another child; or

(c) a person:

(i) who is the holder of a substituted Subclass 600 visa; and

(ii) who was, before he or she was granted the substituted Subclass 600 visa, the holder of a Subclass 884 (Contributory) Aged Parent (Temporary)) visa that ceased to be in effect; and

(iii) who is no longer the parent of the child because the child has died; and

(iv) who is not the parent of another child; or

(d) a person:

(i) who is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(ii) who, immediately before he or she was granted the Subclass 884 (Contributory Aged Parent (Temporary)) visa, was the holder of a substituted Subclass 600 visa.

864.213

(1) The applicant is:

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

(b) taken, under subclause (4), to be sponsored in accordance with this clause; or

(c) satisfies the criterion in paragraph 864.212(c).

(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) 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 the 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.

(4) The applicant is taken to be sponsored in accordance with this clause if:

(a) the applicant:

(i) is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; or

(ii) both:

(A) was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

(B) is the holder of a substituted Subclass 600 visa at the time of application; and

(b) the person who sponsored the applicant for the Subclass 884 (Contributory Aged Parent (Temporary)) visa dies before the Subclass 884 (Contributory Aged Parent (Temporary)) visa ceases to be in effect; and

(c) there is no other sponsor available who could meet the requirements set out in subclause (2) or (3).

864.214

For an applicant who, at the time of application, is neither:

(a) the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa; nor

(b) the holder of a substituted Subclass 600 visa;

the applicant satisfies the balance of family test.

864.22—Criteria to be satisfied at time of decision

864.221

(1) If the applicant met the requirement in paragraph 864.212(ab) at the time of application, the applicant continues to be the parent of the child mentioned in that paragraph.

(2) If the applicant met the requirement in paragraph 864.212(c) at the time of application, the applicant is not the parent of a child other than the child mentioned in subparagraph 864.212(c)(iii).

(3) If the applicant met another requirement in clause 864.212 at the time of application, the applicant continues to meet the requirement.

864.222

For an applicant who satisfies the criterion in paragraph 864.213(1)(a) or (b), if a sponsorship of the kind mentioned in subclause 864.213(2) or (3) was in force in relation to the applicant at the time of application, a sponsorship of that kind, approved by the Minister, is in force in relation to:

(a) the sponsor at the time of application; or

(b) another sponsor who meets the requirements set out in subclause 864.213(2) or (3);

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 subclause 864.213(2) or (3).

864.222A

If clause 864.222 does not apply:

(a) the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application; and

(b) a sponsor of the applicant who usually resides in Australia dies before a decision is made to grant, or to refuse to grant, the Subclass 864 (Contributory Aged Parent) visa; and

(c) there is no other sponsor available who meets the requirements set out in subclause 864.213(2) or (3).

864.223

If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant satisfies the criteria mentioned for the applicant in the item in the table that relates to the applicant.

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

(b) 4007 or, if the applicant has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate

864.224

If the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and

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

(b) has undergone any health checks that the Minister considers appropriate.

864.224A

(1) Each person who is covered by subclause (2), (3) or (4) must satisfy public interest criteria 4020.

(2) This subclause covers a person:

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

(b) who is also an applicant for a Subclass 864 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 864 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 864 visa; and

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

864.225

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

864.226

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

864.227

(1) If the applicant (the primary applicant) was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, each person covered by subclause (2), (3) or (4):

(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the primary applicant; and

(b) if the person has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the primary applicant.

Item If the primary the public interest criteria to be satisfied and if the person has applicant … by the person covered by subclause (2), previously been in

(3) or (4) are … Australia, the special return criteria are …

1 was not the holder (a) 4001, 4002, 4003, 4004, 4005, 4009 and 5001, 5002 and 5010 of a substituted 4010; and Subclass 600 visa (b) if the person had turned 18 at the time at the time of of application—4019 application 2 was the holder of (a) 4001, 4002, 4003, 4009 and 4010; and 5001, 5002 and 5010 a substituted (b) either: Subclass 600 (i) 4007; or visa at the time (ii) if the person has previously held of application a Subclass 884 visa, such health checks as the Minister considers appropriate; and

(c) 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 864 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 864 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 864 visa; and

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

864.228

(1) If the applicant (the primary applicant) was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, each person covered by subclause (2) or (3) must satisfy the public interest criteria mentioned in the item in the table that relates to the primary applicant.

Item If the primary applicant the public interest criteria to be satisfied by the person was … covered by subclause (2) or (3) are ... 1 not the holder of a (a) 4001, 4002, 4003 and 4004; and substituted Subclass 600 visa (b) 4005, unless the Minister is satisfied that it would be at the time of application unreasonable to require the person to undergo assessment for that criterion 2 the holder of a substituted (a) 4001, 4002 and 4003; and Subclass 600 visa at the time (b) 4007, unless the Minister is satisfied that it would be of application 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 applicant; and

(b) who is not an applicant for a Subclass 864 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 864.227(3) or (4); and

(c) who is not an applicant for a Subclass 864 visa.

864.229

If a person (the additional applicant):

(a) is a person covered by subclause 864.227(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.

864.230

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

864.3—Secondary criteria

864.31—Criteria to be satisfied at time of application

864.311

(1) One of the following applies:

(a) the applicant is a member of the family unit of, and made a combined application with, a person (the primary applicant) who satisfies the primary criteria in Subdivision 864.21;

(b) both of the following apply:

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

(A) has applied for a Contributory Aged Parent (Residence) (Class DG) visa; and

(B) on the basis of the information provided in their application, appears to satisfy the primary criteria in Subdivision 864.21;

(ii) the Minister has not decided to grant or refuse to grant the visa to the other applicant;

(c) the applicant 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.

864.312

(1) One of the following applies:

(a) the sponsorship mentioned in subclause 864.213(2) or (3) of the person who satisfies the primary criteria includes sponsorship of the applicant;

(b) the person who satisfies the primary criteria, and the applicant, meet the requirements of subclause 864.213(4);

(c) the applicant is a contributory parent newborn child who was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of the application and:

(i) the contributory parent newborn child’s parent was granted a Subclass 864 (Contributory Aged Parent) visa on the basis of meeting paragraph 864.222(b); or

(ii) the person who sponsored the contributory parent newborn child’s parent for the Subclass 864 (Contributory Aged Parent) visa died after that visa was granted.

(2) Subclause (1) does not apply if paragraph 864.311(1)(c) applies to the applicant.

864.32—Criteria to be satisfied at time of decision

864.321

(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 a member of the family unit of a person (the primary applicant) who holds a Subclass 864 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 864 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:

(i) was in Australia at the time the applicant’s visa application was made; or

(ii) 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 864 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 864 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5.

864.322

(1) One of the following applies:

(a) the sponsorship, mentioned in paragraph 864.222(a), that includes sponsorship of the applicant:

(i) has been approved by the Minister in relation to the applicant; and

(ii) is still in force in relation to the applicant;

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

(b) the person who satisfied the primary criteria at the time of decision met the requirements of paragraph 864.222(b) at the time of decision, and the applicant meets those requirements at the time of decision;

(c) the applicant is a contributory parent newborn child who meets the requirements of paragraph 864.312(1)(c).

(2) The applicant is sponsored:

(a) by a child of the primary applicant mentioned in subclause 864.321(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.

864.323

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4020 and 4021; and

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

864.324

If the applicant was not the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, 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 person covered by the public interest criteria to be satisfied by subclause 864.321(2), (3), (4) or (5), the applicant are ... and the person was … 1 not the holder of a substituted Subclass 4004, 4005, 4009 and 4010 600 visa at the time of application

Item If the applicant is a person covered by the public interest criteria to be satisfied by subclause 864.321(2), (3), (4) or (5), the applicant are ... and the person was … 2 the holder of a substituted Subclass 600 (a) 4009 and 4010; and visa at the time of application (b) 4007 or, if the applicant has previously held a Subclass 884 visa, such health checks as the Minister considers appropriate

864.325

If the applicant was the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa at the time of application, the applicant has undergone any health checks that the Minister considers appropriate.

864.326

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

864.327

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.

864.328

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

864.329

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

864.330

(1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 864.321(3) or (4).

(2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 864 visa:

(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the secondary applicant; and

(b) if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the secondary applicant.

Item If the secondary the public interest criteria to be and if the member of the applicant … satisfied by the member of the family family unit of the unit of the secondary applicant are … secondary applicant has previously been in Australia, the special return criteria are … 1 was not the holder (a) 4001, 4002, 4003, 4004, 4005, 4009 5001, 5002 and 5010 of a substituted and 4010; and Subclass 600 visa (b) if the member of the family unit had at the time of turned 18 at the time of application— application 4019 2 was the holder of a (a) 4001, 4002, 4003, 4009 and 4010; and 5001, 5002 and 5010 substituted (b) either: Subclass 600 visa (i) 4007; or at the time of (ii) if the member of the family unit application has previously held a Subclass 884 visa—such health checks as the Minister considers appropriate; and

(c) if the member of the family unit had turned 18 at the time of application—

(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 864 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 864 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 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 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 criterion

864.4—Circumstances applicable to grant

864.411

(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.

864.5—When visa is in effect

864.511

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

864.6—Conditions: Nil.