Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p128
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 128/178)
Character Range: 1745266–1748096

requirements for making a valid application for an Investor Retirement (Class UY) visa are set out in item 1212B of Schedule 1.

405.211
  If the applicant is in Australia, the applicant:
 (a) must hold a substantive visa; or
 (b) must:
 (i) have held a substantive visa since last entering Australia; and
 (ii) satisfy Schedule 3 criteria 3002, 3004 and 3005, unless the last substantive visa held by the applicant was a Subclass 405 visa and the Minister is satisfied that the applicant is unable to satisfy those criteria because of compassionate and compelling circumstances.
405.22—Criteria to be satisfied at time of decision

405.221
  The family unit of the applicant does not include:
 (a) if the applicant has a spouse or de facto partner—any other person dependent on the applicant or the applicant's spouse or de facto partner; or
 (b) if the applicant does not have a spouse or de facto partner—any person dependent on the applicant.

405.222
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.

405.223
  If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
 (a) if condition 8303 was a previous visa condition—the applicant has complied substantially with that condition; and
 (b) either:
 (i) the applicant holds a Subclass 405 visa; or
 (ii) the last substantive visa held by the applicant was a Subclass 405 visa; and
 (c) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.

405.224
  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.

405.225
  The Minister may waive the requirement of clause 405.224 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.

405.226
  The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

405.227
 (1) This clause applies to an applicant other than an applicant to whom clause 405.228 applies.
 (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