2.6.2.20 CCS - Australian residency exceptions

The person holds a subclass of visa determined by the Minister and the person is:

• in Australia (1.1.A.120), or
• temporarily absent from Australia (1.1.A.10) for 6 weeks or less and the absence (1.1.A.05) is an allowable absence in relation to SpB under SSAct Part 4.2.

Note: The following visa subclasses generally have a visa travel facility that would enable the holder to be temporarily absent from Australia:

• subclass 309 Partner (Provisional)
• subclass 820 Partner
• subclass 785 (class XD) Temporary Protection*
• subclass 790 Safe Haven Enterprise*.

The following visa subclasses have been determined by the Minister:

• subclass 820 Partner
• subclass 309 Partner (Provisional)
• subclass 785 Temporary Protection
• subclass 786 Temporary (Humanitarian Concern)
• subclass ZB 951 Criminal Justice Stay Visa (if the CJSV has been issued only for the purpose of assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery or slavery-like practices)
• subclass 790 Safe Haven Enterprise*
• subclass 060 Bridging F
• subclass 070 Bridging (Removal Pending), and
• subclass 449 Humanitarian Stay (Temporary).

Note: The CJSV is no longer issued for the purpose of assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery or slavery-like practices.

The individual is the holder of a Temporary Work (International Relations) visa (subclass 403), and the person is:

• a worker in the Pacific Australian Labour Mobility (PALM) scheme who has been approved to bring family members to Australia, or
• the family member of such a worker.

Workers participating in the PALM scheme who hold a subclass 403 visa and are approved to bring family members to Australia, and family members of these worker, may be eligible for FTB, subject to meeting all other eligibility criteria.

A person is an eligible family member of a PALM worker if they were granted a subclass 403 visa on the basis that they are a member of the PALM worker’s family unit within the meaning of the Migration Act 1958. This includes:

• a spouse or de facto partner
• a child or step-child who is aged up to 18, or who is aged 18 to 23 and is dependent on the PALM worker or their spouse or de facto partner, or who has turned 23 and is dependent on the PALM worker or their spouse or de facto partner due to being incapacitated, and
• any dependent child of a child or step-child as described above.

Note: Subclass 403 visa holders granted under other streams of this visa are not eligible for CCS.

This does not include students on a university scholarship indirectly funded by the Commonwealth.

The person is taken to be an Australian resident because:

• hardship would be caused if the individual were not treated as an Australian resident, or
• special circumstances exist.

This is a discretionary decision.

Hardship may be caused by a traumatic event such as:

• the applicant's partner (1.1.P.30) dying
• the applicant separating from their partner, or
• the applicant, or their partner, becoming hospitalised or disabled.

In each circumstance you should consider:

• how recently the event occurred
• whether the event was foreseeable, and
• the ongoing effect on the family.