Migration Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 8 June 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
NICK BOLKUS
Minister for Immigration and Ethnic Affairs
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1.1 These Regulations commence on 3 July 1995.
2.1 The Migration Regulations are amended as set out in these Regulations.
3.1 Subclause 030.212 (1):
Omit “(2), (3), (4) or (5)”, substitute “(2), (2A), (3) or (5),”.
3.2 Insert after subclause 030.212 (2):
“(2A) An applicant meets the requirements of this subclause if:
(a) he or she is not the holder of a substantive visa; and
(b) he or she has made a valid application for a substantive visa; and
(c) that application has not been finally determined; and
(d) he or she has previously been granted a Bridging C (Class WC) visa in respect of that application.”.
3.3 Subclause 030.212 (4):
Omit the subclause.
3.4 Clause 030.513:
Omit the clause.
4.1 Omit the Part, substitute Part 410 set out in the Schedule.
5.1 Subclause 826.221 (2):
Omit “clause 826.211 (2)”, substitute “subclause 826.212 (2)”.
5.2 Paragraph 826.221 (3) (a):
Omit “clause 826.211 (2)”, substitute “subclause 826.212 (2)”.
5.3 Subparagraph 826.312 (a) (i):
Omit “subclause 826.211 (4)”, substitute “subclause 826.212 (3)”.
6.1 For the purposes of this regulation, an application is finally determined when:
(a) it is finally determined within the meaning of subsection 5 (9) of the Act; and
(b) a decision that has been made in respect of the application is not, or is no longer, subject to review under Part 8 of the Act.
6.2 This regulation applies to an applicant for a Retirement (Temporary) (Class TQ) visa if:
(a) his or her application was made on or after 1 September 1994; and
(b) either:
(i) no decision had been made on his or her application before 3 July 1995; or
(ii) his or her application had not been finally determined on 3 July 1995.
6.3 An applicant to whom this regulation applies is taken to comply with the criteria for a Subclass 410 visa if:
(a) he or she satisfies the criteria set out in Part 410 of Schedule 2 of the Migration Regulations as in force at the time of the application; or
(b) he or she:
(i) is a rollover applicant (within the meaning of that Part as substituted by these Regulations) or the spouse of a rollover applicant; and
(ii) satisfies the criteria applicable to a rollover applicant set out in that Part as so substituted.
6.4 A visa granted to an applicant to whom this regulation applies who complies with the criteria referred to in paragraph 6.3 (a) is to have effect as a temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
6.5 A visa granted to an applicant to whom this regulation applies who complies with the criteria referred to in paragraph 6.3 (b) is to have effect as a temporary visa permitting the holder to travel to, enter and remain in Australia for a period of 2 years from the date of grant.
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410.111 (1) A reference in this Part to a rollover applicant is a reference to:
(a) an applicant (whether or not in Australia) who holds:
(i) a Subclass 410 visa; or
(ii) a Transitional (Temporary) (Class UA) visa that he or she is taken to hold on the basis of having held a visa or entry permit of a predecessor class; or
(b) an applicant who:
(i) is in Australia; and
(ii) is not the holder of a substantive visa;
if the last substantive visa held by him or her was a visa of a kind referred to in paragraph (a).
A reference in subparagraph (1) (a) (ii) to a predecessor class is a reference to either of the following classes:
(a) Class 410 (retirement) under the Migration (1993) Regulations;
(b) retirement (code number 410) under the Migration (1989) Regulations.
[NOTE: The 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.]
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410.211 (1) If the application is made in Australia, the applicant meets the requirements of subclause (2), (3) or (4).
An applicant meets the requirements of this subclause if the applicant is:
(a) the holder of a Business (Temporary) (Class TB), Cultural/Social (Temporary) (Class TE), Subclass 427 (Overseas Executive), Subclass 303 (Emergency (Temporary Visa Applicant)), Educational (Temporary) (Class TH), Expatriate (Temporary) (Class TJ), Family Relationship (Temporary) (Class TL), Interdependency (Temporary) (Class TM), Retirement (Temporary) (Class TQ), Supported Dependant (Temporary) (Class TW) or Working Holiday (Temporary) (Class TZ) visa; or
(b) the holder of a Student (Temporary) (Class TU), Long Stay (Visitor) (Class TN), Short Stay (Visitor) (Class TR), or Border (Temporary) (Class TA) visa; or
(c) the holder of a Confirmatory (Temporary) (Class TD) visa that was granted on the grounds that the applicant satisfied the criteria for a visa specified in paragraph (a) or (b).
An applicant meets the requirements of this subclause if:
(a) the applicant is not the holder of a substantive visa; and
(b) the last substantive visa held by the applicant was of a kind specified in paragraph (2) (a) or (c); and
(c) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.
An applicant meets the requirements of this subclause if:
(a) the applicant is not the holder of a substantive visa; and
(b) the last substantive visa held by the applicant was of a kind specified in paragraph (2) (b); and
(c) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004, and 3005.
410.221 The applicant has turned 55.
410.222 (1) If the applicant intends to settle in Australia with his or her spouse:
(a) the family unit of the applicant does not include any other person dependent on the applicant or the applicant’s spouse; and
(b) the Minister is satisfied that neither the applicant nor the applicant’s spouse intends to take employment in Australia.
If the applicant intends to settle in Australia without a spouse:
(a) the family unit of the applicant does not include a person dependent on the applicant; and
(b) the Minister is satisfied that the applicant does not intend to take employment in Australia.
410.223 If the application was made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005, 5007, 5008 and 5009.
410.224 If the application is made in Australia, the applicant has complied substantially with the conditions to which the visa (if any) held, or last held, by the applicant is, or was, subject.
410.225 The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
410.226 If the applicant is a rollover applicant, both the applicant and the applicant’s spouse (if any) satisfy public interest criteria 4001, 4002, 4003 and 4004.
410.227 If the applicant is not a rollover applicant:
(a) either:
(i) the resources of the applicant, or (if the applicant has a spouse) the combined resources of the applicant and the applicant’s spouse, available for transfer to Australia, are not less than $500,000; or
(ii) the resources of the applicant, or (if the applicant has a spouse) the combined resources of the applicant and the applicant’s spouse, available for transfer to Australia are not less than $150,000, and the applicant and his or her spouse (if any) have:
(A) pension rights; or
(B) capital for investment; or
(C) both pension rights and capital for investment;
being in total money and entitlements sufficient to provide an annual income of not less than $35,000; and
(b) both the applicant and the applicant’s spouse (if any) satisfy public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(c) if the application was made in Australia, and at the time of application the applicant had satisfied the primary criteria for a Student (Temporary) (Class TU) visa and was the holder of a visa of that class:
(i) in the case of an applicant who is a private subsidised student, the Minister is satisfied that it would not be detrimental to Australia’s policies in respect of overseas students to grant the visa; and
(ii) in the case of an applicant who is a student under a scholarship scheme or training program approved by AIDAB, the applicant has the support of AIDAB for the grant of the visa.
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410.311 The applicant is the spouse of a person who has applied for a Retirement (Temporary) (Class TQ) visa.
410.312 If the application is made outside Australia and the application is made separately from that of the applicant’s spouse:
(a) the spouse is, or is expected soon to be, in Australia; and
(b) the applicant intends to stay temporarily in Australia with the spouse.
410.313 If the application is made in Australia, the applicant has complied substantially with the conditions that apply or applied to:
(a) any visa held by the applicant; or
(b) any visa held by the applicant immediately before becoming an unlawful non-citizen.
410.321 The applicant continues to be the spouse of a person who, having satisfied the primary criteria, is the holder of a Subclass 410 visa.
410.322 If the applicant is not the spouse of a rollover applicant, the applicant produces evidence of adequate means to support the applicant during the period of stay in Australia applied for.
410.323 If the applicant is not the spouse of a rollover applicant, the applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.
410.324 If the applicant is the spouse of a rollover applicant, the applicant satisfies public interest criteria 4001, 4002, 4003 and 4004.
410.325 If the application is made outside Australia and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5003, 5005, 5007, 5008 and 5009.
410.411 If the application is made in the migration zone, the applicant must be in the migration zone at time of grant.
410.412 If the application is made outside Australia, the applicant must be outside Australia at time of grant.
410.511 Temporary visa permitting the holder to travel to, enter and remain in Australia:
(a) in the case of a visa granted to a rollover applicant or the spouse of a rollover applicant—for 2 years from the date of grant; or
(b) in any other case—until a date specified by the Minister.
410.611 Condition 8101.
410.612 Any 1 or more of conditions 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
410.711 Visa label affixed to valid passport.
1. Notified in the
Commonwealth of Australia Gazette on 15 June 1995.2. Statutory Rules 1994 No. 268 as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38 and 117.
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