Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p140
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 140/178)
Character Range: 1775081–1777931

is made on the application.
408.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 408 visa.

408.211
  The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

408.212
  The applicant has adequate arrangements for health insurance during the period of the applicant's intended stay in Australia.

408.213
  The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
 (a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
 (b) whether the applicant intends to comply with the conditions to which the Subclass 408 visa would be subject; and
 (c) any other relevant matter.

408.214
  The applicant does not hold:
 (a) a permanent visa; or
 (b) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph.

408.215
  The applicant has:
 (a) adequate means to support himself or herself; or
 (b) access to adequate means to support himself or herself;
during the period of the applicant's intended stay in Australia.

408.216
 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4013, 4014, 4020 and 4021.
 (2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
 (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.

408.217
  The applicant satisfies special return criteria 5001, 5002 and 5010.

408.218
  Either:
 (a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
 (b) both of the following apply:
 (i) the applicant has engaged in such conduct in that period;
 (ii) the Minister considers that it is reasonable to disregard the conduct.

408.219
 (1) Subject to subclause (2), the applicant:
 (a) will not be performing as an entertainer in Australia:
 (i) under a performing contract; or
 (ii) for non‑profit purposes; and
 (b) will not be supporting an entertainer or a group of entertainers in Australia; and
 (c) will not be directing, producing or taking another part in:
 (i) a film, television or radio production that is to be shown or broadcast in Australia; or
 (ii) a theatre production or concert that is to be performed in Australia; or
 (iii) a recording that is to take place in Australia.
 (2) This clause does not apply to an