Subclass 410 — Retirement

410.1—Interpretation

Note: No interpretation provisions specific to this Part.

410.2—Primary criteria

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.

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 free from a disease or condition that is, or may result in the applicant or the applicant’s spouse or de facto partner being, a threat to public health in Australia or a danger to the Australian community; and

(d) if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow-up medical assessment—the applicant has provided such an undertaking.

410.222

The applicant satisfies public interest criterion 4021.

410.3—Secondary criteria

Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

410.31—Criteria to be satisfied at time of application

410.311

The applicant is the spouse or de facto partner of a person who has applied for a Retirement (Temporary) (Class TQ) visa.

410.312

If the applicant is outside Australia and the application is made separately from that of the applicant’s spouse or de facto partner:

(a) the spouse or de facto partner is, or is expected soon to be, in Australia; and

(b) the applicant intends to stay temporarily in Australia with the spouse or de facto partner.

410.32—Criteria to be satisfied at the time of decision

410.321

(1) The applicant satisfies subclauses (2) to (7).

(2) The applicant continues to be the spouse or de facto partner of a person who, having satisfied the primary criteria, is the holder of a Subclass 410 visa.

(3) The applicant satisfies this subclause if:

(a) the applicant:

(i) satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014 and 4020; and

(ii) satisfies public interest criterion 4019, if he or she had turned 18 at the time of application; and

(b) the applicant is free from tuberculosis; and

(c) the applicant is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and

(d) if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow-up medical assessment—the applicant has provided such an undertaking.

(5) 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.

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

(7) 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.

(8) The Minister may waive the requirements of subclause (7) 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.

410.322

The applicant satisfies public interest criterion 4021.

410.4—Circumstances applicable to grant

410.411

The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.

410.5—When visa is in effect

410.511

Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

410.6—Conditions

410.612

Any 1 or more of conditions 8301, 8303, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed. Note: There are no mandatory conditions.