Migration Regulations 1994

Despite any provision in Schedule 2, a contributory parent newborn child who applies for a Contributory Parent (Temporary) (Class UT) visa or a Contributory Aged Parent (Temporary) (Class UU) visa:

does not have to satisfy the secondary criteria in Schedule 2 that would, but for this subregulation, need to be satisfied at the time of application; and

must satisfy the applicable secondary criteria to be satisfied at the time of decision.

Despite any provision in Schedule 1, a contributory parent newborn child:

who is the holder of a Subclass 173 (Contributory Parent (Temporary)) visa or a Subclass 884 (Contributory Aged Parent (Temporary)) visa; and

whose parent has applied for a Contributory Parent (Migrant) (Class CA) visa or a Contributory Aged Parent (Residence) (Class DG) visa, and either:

that application has not been finally determined; or

the parent has been granted the permanent visa;

For subregulation (2), the contributory parent newborn child is taken to have made the application:

if the child was in Australia when the temporary visa was granted—on the grant of the temporary visa to the child; or

if the child was outside Australia when the temporary visa was granted—immediately after the child is immigration cleared.