Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p169
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 169/178)
Character Range: 1848620–1851377

Foreign Affairs student or a Foreign Affairs recipient.

462.221A
  If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID‑19 affected visa, the applicant:
 (a) continues to satisfy the criteria in clause 462.217; and
 (aa) unless subclause 462.211B(2) applies—continues to satisfy the criteria in clauses 462.218 and 462.219; and
 (b) either:
 (i) if the applicant was not in Australia when the application was made—continues to hold the passport mentioned in paragraph 1224A(3)(a) of Schedule 1, or a valid replacement passport issued by the country concerned; or
 (ii) otherwise—holds a valid passport issued by a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1; and
 (c) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4019 and 4020; and
 (d) is not a Foreign Affairs student or a Foreign Affairs recipient.

462.222
  If the applicant:
 (a) was outside Australia at the time of application; and
 (b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.

462.223
  The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

462.224
 (1) If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa, the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of decision on the application).
 (2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID‑19 affected visa.
462.3—Secondary criteria
Note: All applicants must meet the primary criteria.
462.4—Circumstances applicable to grant

462.411
  If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

462.412
  If the applicant is in Australia at the time of application, the applicant must be in Australia, but not in immigration clearance, at the time of grant.
462.5—When visa is in effect

462.511
  If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:
 (a) to travel to and enter Australia within 12 months after the date of the grant of the visa; and
 (b) to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.

462.512
  If the applicant is in Australia at the time of grant and did not hold a Subclass 462 (Work and Holiday) visa at the time of application—temporary visa permitting the holder to travel to, enter and