The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

9.2.11 Visa subclasses 800-849 payment eligibility

Introduction

Note: The information below has been compiled by DSS as a guide only. It only covers residential qualification for social security payments and concessions for the specified visa subclasses. Visa holders must also meet other qualification requirements to receive a payment or concession card.

Visa subclasses and their conditions are the responsibility of the Department of Home Affairs. Please check the Department of Home Affairs website for any updates to visa details.

Payment eligibility

Visa subclass number Visa name Permanent residence visa AoS Sponsored/ nominated Payments & concession cards residentially qualified for Additional information
800 Territorial Asylum Yes - permanent No AoS Not sponsored All payments and concession cards

Has a QRE (Note A) and NARWP exemption (Note B).

  
801

Partner
(from 1 January 2009)

Previously: Spouse
(until 30 June 2009)

 Yes - permanent No AoS (from 1 January 2012) Sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

It is possible for a person to hold a subclass 801 visa without having any evidence of holding a temporary subclass 820 visa beforehand.

It is also possible for a dependent child to hold a subclass 801 visa without having any evidence of a temporary subclass 820 or 445 visa beforehand.

Further information in Note E.
802 Child Yes - permanent Discretionary AoS (Note F) Sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

  
803 Refugee Yes - permanent No AoS Not sponsored

All payments and concession cards

Has a QRE (Note A) and NARWP exemption (Note B).

 This visa is no longer issued and was repealed in August 1994.
804 Aged Parent Yes - permanent Mandatory AoS (Note F) Sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa was closed to new applications on 2 June 2014 and re-opened to new applications from 25 September 2014.
805 Skilled Yes - permanent Discretionary AoS (Note F) Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in November 1999.
806 Family Yes - permanent Mandatory AoS (Note F) Sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply).

 This visa is no longer issued and was repealed in November 1999.
807 Humanitarian Grounds Yes - permanent No AoS Not sponsored

All payments and concession cards

Has a QRE (Note A) and NARWP exemption (Note B).

 This visa is no longer issued and was repealed in August 1994.
808 Confirmatory (Residence) Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

  
809 PRC Citizen (Permanent) Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed on 1 January 1993.
810 Refugee (Permanent) Yes - permanent No AoS Not sponsored

All payments and concession cards

Has a QRE (Note A) and NARWP exemption (Note B).

 This visa is no longer issued and was repealed in August 1994.
811 Refugee Yes - permanent No AoS Not sponsored

All payments and concession cards

Has a QRE (Note A) and NARWP exemption (Note B).

 Visa subclasses 811 (Refugee) and 811 (Pilot) are no longer issued and were repealed in July 1990 and August 1990 respectively.
812 December 1989 Yes - permanent Discretionary AoS (Note F) Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in August 1994.
813 Special Equivalent 1989 (Permanent) Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued.
814 Interdependency Yes - permanent No AoS (from 1 January 2012) Sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

This visa was closed to new applicants from 1 July 2009 and was repealed from that date.

Further information in Note E.
815 PRC (Permanent) Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in August 1994.
816 Skilled Former Refugee Applicants Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in August 1994.
817 Protection Yes - permanent No AoS Not sponsored

All payments and concession cards

Has a QRE (Note A) and NARWP exemption (Note B).

 This visa is no longer issued and was repealed in August 1994.
818 Highly Qualified (Onshore) Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in August 1994.
819 Aged Parent Yes - permanent

Mandatory unless former holder of visa subclass 410. (Note F)

 Sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in March 1999.
820

Partner
(from 1 July 2009)

Previously: Spouse/Extended Eligibility (Spouse/Partner)
(until 30 June 2009)

 No - temporary No AoS (from 1 January 2012) Sponsored

Access to SpB, FTB, PLP, DAPP and HCC

NARWP applies (Note C).

The holder of this visa is an applicant for a permanent visa subclass 801.

Further information in Note E, Note G.
822 Family No - temporary Discretionary AoS (Note F) Not sponsored Not residentially qualified This visa is no longer issued and was repealed in August 1994.
823 Economic No - temporary Discretionary AoS (Note F) Not sponsored Not residentially qualified This visa is no longer issued and was repealed in August 1994.
826 Interdependency (Provisional) No - temporary No AoS (from 1 January 2012) Nominated Not residentially qualified

The holder of this visa is an applicant for a visa subclass 814. This visa is closed to new applicants from 1 July 2009 and was repealed from that date.

Further information in Note E.
827 Refugee (D) No - temporary No AoS Not sponsored Not residentially qualified This visa is no longer issued and was repealed in August 1994.
828 Applicant for Temporary Residence No - temporary No AoS Not sponsored Not residentially qualified This visa is no longer issued and was repealed in July 1990.
829 Applicant for Permanent Residence No - temporary Discretionary AoS (Note F) Not sponsored Not residentially qualified This visa is no longer issued and was repealed in August 1994.
830 Applicant for Permanent Residence No - temporary Discretionary AoS (Note F) Not sponsored Not residentially qualified This visa is no longer issued and was repealed in August 1994.
831 Prospective Marriage Spouse Yes - permanent Discretionary AoS (Note F) Nominated

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in July 2005.
832 Close Ties Yes - permanent Discretionary AoS (Note F) Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

This visa is no longer issued and was repealed in November 2005.

Further information in Note H.
833 Certain Unlawful Non-Citizens Yes - permanent Discretionary AoS (Note F) Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

This visa is no longer issued and was repealed in July 2000.

Further information in Note H.
834 Permanent Resident of Norfolk Island Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

  
835 Remaining Relative Yes - permanent Mandatory AoS (Note F) Nominated

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa was closed to new applications on 2 June 2014 and re-opened to new applications from 25 September 2014.
836 Carer Yes - permanent No AoS Nominated

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply

Exempt from CP and CA NARWP

 This visa was closed to new applications on 2 June 2014 and re-opened to new applications from 25 September 2014.
837 Orphan Relative Yes - permanent Discretionary AoS (Note F) Nominated

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

  
838 Aged Dependant Relative Yes - permanent Mandatory AoS (Note F) Nominated

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa was closed to new applications on 2 June 2014 and re-opened to new applications from 25 September 2014.
840 Business Owner Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in March 2003.
841 Senior Executive Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in March 2003.
842 State/Territory Sponsored Business Owner Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in March 2003.
843 State/Territory Sponsored Senior Executive Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in March 2003.
844 Investment-Linked Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa is no longer issued and was repealed in March 2003.
845 Established Business in Australia Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa subclass is closed to new applicants with effect from 1 July 2012.
846 State/Territory Sponsored Regional Established Business in Australia Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note C) and qualifying residence periods (Note D) apply.

 This visa subclass is closed to new applicants with effect from 1 July 2012.

Notes

Note Explanation
A

Refugees and former refugees have a QRE under SS Act section 7(6) for all payments and concession cards.

Holders of visa subclasses 200, 201, 202, 203, 204 and 851 are regarded as refugees due to a Ministerial Declaration under section 25 of the SSAct for the purposes of subparagraph 7(6B)(c)(iii).

Policy reference: SS Guide 1.1.Q.35 Qualifying residence exemption (QRE)
B

Refugees, former refugees and family members of a refugee have a NARWP exemption for all payments and concession cards.

Policy reference: SS Guide 3.1.2.43 Exemptions from the NARWP
C

A NARWP (1.1.N.70) of between 1 and 4 years applies to most concession cards, social security payments, FTB Part A, PLP and DAPP.

Payments subject to a NARWP are payable only if the person has either served, or is exempt from, the NARWP. Concession cards subject to a NARWP can only be issued if a person has either served, or is exempt from, the NARWP.

Policy reference: SS Guide 3.1.2.40 Newly arrived resident's waiting period (NARWP), 3.1.2.43 Exemptions from the NARWP

FA Guide 2.2.1.10 NARWP for FTB Part A

PPL Guide 2.4.3 NARWP for PLP
D

Age and DSP have a 10 year qualifying residence requirement. Holders of permanent residence visas must satisfy the residence requirement, or be eligible for a QRE, in order to qualify for these pensions.

PP has a 2 year qualifying residence requirement. This qualifying residence period is served concurrently with the NARWP where both apply.

Policy reference: SS Guide 3.4.1.10 Qualification for Age, 3.6.1.12 Qualification for DSP - 15 hour rule (see 'Residence qualification criteria'), 3.1.2.40 Newly arrived resident's waiting period (NARWP)
E

With the commencement of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 on 1 July 2009, the Migration Regulations 1994 were amended to replace 'spouse' with 'partner'. Spouse visa (subclasses 309/100 and 820/801) and Interdependency visas (subclass 310/110 and 826/814) were replaced by Partner visas (subclasses 309/100 and 820/801) from 1 July 2009. Spouse and Interdependency visas continue to be issued for applications lodged prior to 1 July 2009.

There have previously been determinations allowing a QRE to the holder of a visa subclass 100, 110, 801 and 814 for PPS, CP, MOB, CSHC, HCC and all social security benefits (1.1.S.190) (other than SpB), regardless of the visa subclass previously held by the person. From 1 January 2017, the QRE for these visas has been revoked. However, a person can continue to receive a payment if they were granted a QRE prior to 1 January 2017 and have continuity of payment post 1 January 2017.

Similarly, there have been determinations that provided a NARWP exemption for SpB for family members of an Australian citizen or permanent resident. This exemption ceased to apply to holders of 309, 310, 820 and 826 visas from 1 July 2012. From 1 January 2017 the exemption also ceased to apply to permanent 100, 110, 801 and 814 visa holders for SpB claims made after this date.

Policy reference: SS Guide 1.1.Q .35 Qualifying residence exemption (QRE), 3.1.2.43 Exemptions from the NARWP
F

Certain visas require an AoS. An AoS is a commitment by one or more Australian residents as defined by the SSAct section 7(2) (the assurer) to provide financial support to a new resident (the assuree) during the AoS period (between 12 months and 10 years, depending on the visa). It is also a legal commitment to repay the Commonwealth certain social security payments, if such payments are made to the new resident while the AoS is in force.

Policy reference: SS Guide 9.4.1.10 Overview of the AoS scheme
G

Residential qualification

Holders of the visa subclass 820 qualify for:

  • SpB, FTB, PLP and DAPP due to Ministerial determinations made under the SSAct section 729(2)(f)(v) and
  • HCC due to Ministerial determinations made under SSAct section 1061ZO(7)

Policy reference: SS Guide 3.7.1.10 Qualification for SpB, 3.9.1.20 Qualification for LIC

NARWP

A NARWP of between 1 to 4 years may apply to all of the above payments and concession cards. Payments subject to a NARWP are payable only if the person has either serviced, or is exempt from, the NARWP. Concession cards subject to a NARWP can only be issued if a person has either served, or is exempt from the NARWP.

Note: There was previously a NARWP exemption for family members of an Australian citizen or permanent resident. This exemption ceased to apply to holders of an 820 visa from 1 January 2012.

Note: There was also a NARWP exemption for the HCC for family members of an Australian citizen or resident. From 1 January 2017, this HCC NARWP exemption for 820 visa holders was revoked. However, a person continued to be eligible for the card if they were granted a HCC NARWP exemption prior to 1 January 2017 and had continuity of entitlement post 1 January 2017.

Policy reference: SS Guide 3.1.2.40 Newly arrived resident's waiting period (NARWP), 3.1.2.43 Exemptions from the NARWP

FA Guide 2.1.2.10 Residence requirements

PPL Guide 2.4.1 Australian residency test for PLP

Other eligibility

Holders may be eligible to be listed as a dependent on a PCC or HCC, if the person's partner is the holder of either one of these cards.

Holders may also be eligible for CCS.

Act reference: SS(Admin)Act section 240B(5) The Minister may, by legislative instrument, declare that a person who …

Policy reference: FA Guide 2.6.2.20 CCS - Australian residency exceptions
H

Holders of visa subclasses 832 Close Ties and 833 Certain Unlawful Non-Citizens had a QRE for all social security benefits, (other than SpB) and PPS, CP, MOB, CSHC and HCC under the Social Security (Class of Visas - Qualifying Residence Exemption) Determination 2009 (the 2009 Determination).

On 1 January 2016, the 2009 Determination was revoked and replaced with a 2015 Determination, which did not include these visas. The above QRE for these visas was revoked.

Prior to 1 January 2016, holders of visa subclasses 832 and 833 had an SpB NARWP exemption under SSAct section 739A(6). On 1 January 2016, this SpB NARWP exemption was revoked via the Social Security (Class of Visas - Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2015 (No. 2).

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