Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p159
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 159/178)
Character Range: 1823321–1825956

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
 (b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

417.222
 (1) If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa:
 (a) the applicant has complied substantially with the conditions that applied to any visa held by the applicant; and
 (b) the applicant has not held more than 2 Subclass 417 visas in Australia (including any Subclass 417 visa held by the applicant at the time of decision on the application).
 (2) A reference in subclause (1) to a Subclass 417 visa does not include a reference to a COVID‑19 affected visa.
417.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
417.4—Circumstances applicable to grant

417.411
  If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 417 visa granted at any time, the applicant must be outside Australia at the time of grant.

417.412
  If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa:
 (a) if the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant; or
 (b) if the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
417.5—When visa is in effect

417.511
 (1) 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 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.
 (2) If:
 (a) the applicant is in Australia at the time of grant; and
 (b) the applicant holds a Subclass 417 visa at the time of application;
temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the visa mentioned in paragraph (b) would have otherwise ceased to be in effect.
 (3) If:
 (a) the applicant is in Australia at the time of grant; and
 (b) the applicant does not hold a Subclass 417 visa at the time of application;
temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant of the visa.
417.6—Conditions

417.611
  Conditions 8547 and