Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p130
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 130/178)
Character Range: 1750104–1752755

partner, in the State or Territory in which the appropriate regional authority that sponsors the applicant is located.
 (4) The Minister is satisfied that the resources required to satisfy subclause (2) or (3) (being the assets mentioned in paragraph (2)(a) or (3)(a), any assets from which the annual income is derived and any rights to the income, and the assets by which the designated investment is funded):
 (a) are legally owned and lawfully acquired by:
 (i) the applicant; or
 (ii) the applicant's spouse or de facto partner; or
 (iii) the applicant and his or her spouse or de facto partner together; and
 (b) other than resources relating to inheritance, or to the applicant's, the spouse's or the de facto partner's superannuation or pension—have been held by any combination of:
 (i) the applicant; and
 (ii) the applicant's spouse or de facto partner; and
 (iii) the applicant and his or her spouse or de facto partner together;
  throughout the 2 years immediately before the application for an Investor Retirement (Class UY) visa is made.
 (5) The Minister is satisfied that the applicant and his or her spouse or de facto partner (if any) have adequate arrangements for health insurance for the period of:
 (a) the applicant's intended stay in Australia as the holder of a Subclass 405 visa; and
 (b) if the applicant has a spouse or de facto partner—the spouse's or de facto partner's intended stay in Australia as the holder of a Subclass 405 visa.
 (6) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019, 4020 and 4021.
 (7) The applicant's spouse or de facto partner (if any) satisfies:
 (a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014 and 4020; and
 (b) if the applicant's spouse or de facto partner had turned 18 at the time of application—public interest criterion 4019.

405.228
 (1) This clause applies to an applicant if:
 (a) the applicant is the holder of a Subclass 405 visa; or
 (b) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 visa.
 (2) If the appropriate regional authority that sponsors the applicant indicates that the applicant and his or her spouse or de facto partner (if any) intend to live in a part of Australia the postcode of which was specified, at the time of application, in the instrument in writing for item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D:
 (a) the applicant has access to, or (if the applicant has a spouse or de facto partner) the applicant and his or her spouse or de facto partner collectively have access to, an annual net income of at least AUD50