Migration Regulations 1994

The applicant is:

the spouse or de facto partner of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen; or

a person who is apparently eligible for a Return (Residence) visa; or

a person who has entered Australia with a visa that has been cancelled on presentation in immigration clearance because the person has breached a condition that the person is not to arrive in Australia before the arrival of another person specified in the visa; or

a person who:

is a dependent child of:

an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or

the holder of a visa of a class set out in subclause (2); or

the holder of a visa of a class specified in subclause (3); or

the holder of a visa of a subclass specified in subclause (4); and

arrives in Australia in the care of a person who is an Australian citizen or the holder of a visa; or

a person who:

immediately before last departing Australia, held a visa of:

a class specified in subclause (3); or

a subclass specified in subclause (4); and

departed in circumstances in which it was not reasonably practicable to obtain a visa before departing; and

would, if refused immigration clearance, be prevented from reunion with a close relative of the person in Australia; or

a person who:

immediately before last departing Australia, held a Student (Temporary) visa; and

departed in circumstances in which it was not reasonably practicable for the person to obtain a visa before departing; or

a person who:

has entered Australia without a visa that is in effect; and

seeks to remain in Australia on a temporary basis; and

appears to the Minister, from information in the application, to be a person:

who is eligible for the grant of a Visitor (Class TV) visa; or

who is, apart from the requirements of subitem 1236(5) of Schedule 1, eligible for the grant of a Subclass 600 (Visitor) visa; or

who is, apart from the requirements of subitem 1224(3) of Schedule 1 and clause 771.411 of this Schedule, eligible for the grant of a Transit (Temporary) (Class TX) visa; or

who is, apart from the requirements of item 1231 of Schedule 1 and clause 400.411 of this Schedule, eligible for the grant of a Subclass 400 (Temporary Work (Short Stay Specialist)) visa.

The classes of visa referred to in sub‑subparagraph (1)(d)(i)(B) are the following:

Spouse (Migrant) (Class BC);

Partner (Migrant) (Class BC);

Child (Migrant) (Class AH);

Adoption (Migrant) (Class AA);

Parent (Migrant) (Class AX);

Preferential Relative (Migrant) (Class AY);

Skilled—Australian Linked (Migrant) (Class AJ);

Labour Agreement (Migrant) (Class AU);

Employer Nomination (Migrant) (Class AN);

Employer Nomination (Permanent) (Class EN);

Regional Employer Nomination (Permanent) (Class RN);

Distinguished Talent (Migrant) (Class AL);

Independent (Migrant) (Class AT);

Business Skills (Migrant) (Class AD);

Business Skills—Business Talent (Permanent) (Class EA);

Business Skills—Established Business (Residence) (Class BH);

Business Skills (Residence) (Class DF);

Business Skills (Permanent) (Class EC);

Special Eligibility (Migrant) (Class AR);

General (Residence) (Class AS);

Confirmatory (Residence) (Class AK);

Special Eligibility (Residence) (Class AO);

Refugee and Humanitarian (Migrant) (Class BA);

Camp Clearance (Migrant) (Class AF);

East Timorese in Portugal (Special Assistance) (Class AM);

Citizens of the Former Yugoslavia (Special Assistance) (Class AI);

Minorities of Former USSR (Special Assistance) (Class AV);

Burmese in Burma (Special Assistance) (Class AB);

Sudanese (Special Assistance) (Class BD);

Burmese in Thailand (Special Assistance) (Class AC);

Cambodian (Special Assistance) (Class AE);

Return (Residence) (Class BB);

protection visas (including Protection (Class AZ) visas, see subsection 35A(5) of the Act);

Territorial Asylum (Residence) (Class BE);

Designated Parent (Migrant) (Class BY);

Designated Parent (Residence) (Class BZ);

Skilled – Independent (Migrant) (Class BN);

Skilled – Australian‑sponsored (Migrant) (Class BQ);

Other Family (Migrant) (Class BO);

Aged Parent (Residence) (Class BP);

Partner (Residence) (Class BS);

Child (Residence) (Class BT);

Other Family (Residence) (Class BU);

Skilled—New Zealand Citizen (Residence) (Class DB);

Skilled—Independent Overseas Student (Residence) (Class DD);

Skilled—Australian‑sponsored Overseas Student (Residence) (Class DE);

Contributory Parent (Migrant) (Class CA);

Contributory Aged Parent (Residence) (Class DG);

Skilled—Designated Area‑sponsored (Residence) (Class CC);

Skilled (Residence) (Class VB);

Skilled (Migrant) (Class VE);

Skilled—Independent (Permanent) (Class SI);

Skilled—Nominated (Permanent) (Class SN);

National Innovation (Class BX).

The classes of visa referred to in sub‑subparagraphs (1)(d)(i)(C) and (1)(e)(i)(A) are the following:

Business (Temporary) (Class TB);

Business Skills (Provisional) (Class UR);

Business Skills (Provisional) (Class EB);

Diplomatic (Temporary) (Class TF);

Expatriate (Temporary) (Class TJ);

Family Relationship (Temporary) (Class TL);

Graduate—Skilled (Temporary) (Class UQ);

Interdependency (Provisional) (Class UG);

Interdependency (Temporary) (Class TM);

Medical Practitioner (Temporary) (Class UE);

New Zealand Citizen Family Relationship (Temporary) (Class UP);

Retirement (Temporary) (Class TQ);

Spouse (Provisional) (Class UF);

Partner (Provisional) (Class UF);

Supported Dependant (Temporary) (Class TW);

Working Holiday (Temporary) (Class TZ);

Contributory Parent (Temporary) (Class UT);

Contributory Aged Parent (Temporary) (Class UU);

Skilled—Designated Area‑sponsored (Provisional) (Class UZ);

Skilled—Independent Regional (Provisional) (Class UX);

Skilled (Provisional) (Class VC);

Skilled (Provisional) (Class VF);

Skilled—Regional Sponsored (Provisional) (Class SP);

Skilled Employer Sponsored Regional (Provisional) (Class PE);

Skilled Work Regional (Provisional) (Class PS);

Temporary Work (Long Stay Activity) (Class GB);

Training and Research (Class GC);

Temporary Work (International Relations) (Class GD);

Temporary Work (Entertainment) (Class GE);

Special Program (Temporary) (Class TE).

The subclasses of visa referred to in sub‑subparagraphs (1)(d)(i)(D) and (1)(e)(i)(B) are the following:

Subclass 303 (Emergency (Temporary Visa Applicant));

Subclass 407 (Training);

Subclass 408 (Temporary Activity);

Subclass 457 (Temporary Work (Skilled));

Subclass 482 (Skills in Demand).

Subclass 482 (Temporary Skill Shortage).