Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p165
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 165/178)
Character Range: 1838611–1841390

period of 5 years immediately before the application for the visa; or
 (ii) the Minister is satisfied that the applicant:
 (A) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and
 (B) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence; and
 (c) on last departure from Australia was a holder of a Subclass 461 visa; and
 (d) is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and
 (e) has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person).

461.213
  If the applicant is in Australia at the time of application:
 (a) at that time, the applicant held a substantive temporary visa other than a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or
 (b) if the applicant did not hold a substantive visa at that time:
 (i) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
 (ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
461.22—Criteria to be satisfied at time of decision

461.221
  The applicant continues to satisfy the criterion in subclause 461.212(1).

461.222
  The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.

461.223
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013, 4014, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

461.224
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

461.225
  If the applicant is in Australia at the time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.

461.226
  If the applicant is outside Australia at the time of application and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
461.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
461.4—Circumstances applicable to grant

461.411
  The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
461.5—When visa is in effect

461.511
  Temporary visa permitting the holder to travel to, and enter and remain in, Australia for a period