Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p158
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 158/178)
Character Range: 1820894–1823565

2 Subclass 417 visas in Australia, the Minister is satisfied that:
 (a) the applicant has carried out a period or periods of specified Subclass 417 work; and
 (b) the total period of that work is at least 6 months; and
 (c) all of that work was carried out while the applicant held:
 (i) the second Subclass 417 visa; or
 (ii) a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 visa (made at a time when the applicant held the first Subclass 417 visa); and
 (d) all of that work was carried out on or after 1 July 2019; and
 (e) the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards; and
 (f) that work was not carried out for an excluded employer.
 (7) A reference in subclause (5) or (6) to a Subclass 417 visa does not include a reference to a COVID‑19 affected visa.
417.22—Criteria to be satisfied at time of decision

417.221
 (1) The applicant satisfies the criteria in subclauses (2) to (7).
 (2) The applicant:
 (a) continues to satisfy the criteria in subclause 417.211(4); and
 (aa) unless paragraph 417.211(1A)(b) or (c) applies—continues to satisfy the criteria in subclauses 417.211(5) and (6); and
 (b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019 and 4020.
 (2A) The applicant holds a working holiday eligible passport of the kind, or of one of the kinds, specified in a legislative instrument made by the Minister for the purposes of subclause 417.211(2).
 (3) If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
 (4) The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
 (5) Approval of the application would not result in either:
 (a) the number of Subclass 417 visas granted in a financial year exceeding the maximum number of Subclass 417 visas, as determined by an instrument in writing, that may be granted in that financial year; or
 (b) the number of visas of particular classes, including Subclass 417, granted in a financial year exceeding the maximum number of visas of those classes, as determined by an instrument in writing, that may be granted in that financial year.
 (6) If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa.
 (7) The Minister may waive the requirements of subclause (6) if the Minister is satisfied that, in the particular case, waiver is justified by:
 (a) compelling circumstances that affect the interests of Australia; or