Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p154
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 154/178)
Character Range: 1810877–1813626

primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
410.21—Criteria to be satisfied at time of application
Note: No criteria to be satisfied at time of application if applicant is outside Australia at that time.

410.211
  If the applicant is in Australia:
 (a) the applicant holds a Subclass 410 visa; or
 (b) the applicant is not the holder of a substantive visa, and:
 (i) the last substantive visa held by the applicant was a Subclass 410 visa; and
 (ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005, unless the Minister is satisfied that the applicant is unable to satisfy those criteria because of compassionate and compelling circumstances.
410.22—Criteria to be satisfied at the time of decision

410.221
 (1) The applicant satisfies subclauses (2) to (8).
 (2) The applicant has turned 55.
 (3) If the applicant intends to reside in Australia with his or her spouse or de facto partner, the family unit of the applicant does not include any other person dependent on the applicant or the applicant's spouse or de facto partner.
 (4) If the applicant intends to reside in Australia without a spouse or de facto partner, the family unit of the applicant does not include a person dependent on the applicant.
 (5) If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
 (6) 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 410 visa; or
 (ii) the last substantive visa held by the applicant was a Subclass 410 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.
 (7) The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
 (8) The applicant satisfies this subclause if:
 (a) the applicant and the applicant's spouse or de facto partner (if any) satisfy public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4019 and 4020; and
 (b) the applicant and the applicant's spouse or de facto partner (if any) are free from tuberculosis; and
 (c) the applicant and the applicant's spouse or de facto partner (if any) are