The employment or engagement of the applicant would be of benefit to Australia.
403.225
(1) The applicant satisfies public interest criterion 4005.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
403.23—Criteria for Foreign Government Agency stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Foreign Government Agency stream.
403.231
If the applicant was in Australia at the time of application:
(a) at that time, the applicant held a substantive temporary visa that was not:
(i) a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(iii) a Subclass 771 (Transit) visa; or
(iv) a special purpose visa; 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.
403.232
The applicant is:
(a) a person who:
(i) seeks to enter Australia to be employed as a representative of a foreign government agency that does not enjoy official status in Australia; and
(ii) would not, as a representative of that kind, enjoy official status in Australia; or
(b) a foreign language teacher intending to work in an Australian school but as an employee of a foreign government.
403.233
The employment or engagement of the applicant would be of benefit to Australia.
403.234
The application has the support, in writing, of the foreign government agency.
403.235
(1) The applicant satisfies public interest criterion 4005.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
403.24—Criteria for Domestic Worker (Diplomatic or Consular) stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream.
403.241
If the applicant was in Australia at the time of application:
(a) at that time, the applicant held a Subclass 403 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 visa held by the applicant was a visa mentioned in paragraph (a); and
(ii) the applicant satisfies Schedule 3 criteria 3003 and 3004.
403.242
(1) If the application is made in Australia:
(a) the applicant is undertaking full‑time domestic duties in the household of a person:
(i) who holds a subclass 995 Diplomatic (Temporary) visa; and
(ii) who had entered into an employment agreement with the applicant on the basis of which the applicant was previously granted a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(b) the applicant seeks to remain in Australia to undertake full‑time domestic duties in the household of a person:
(i) for whom the applicant is not currently undertaking full‑time domestic duties; and
(ii) who holds a Subclass 995 (Diplomatic (Temporary)) visa; and
(iii) who has entered into an employment agreement with the applicant in relation to those duties.
(2) For the purposes mentioned in paragraph (1)(a) or (b), the applicant is employed or engaged in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
403.243
If the application is made outside Australia, the applicant:
(a) has turned 18; and
(b) seeks to enter Australia to undertake full‑time domestic duties in the household of a person who:
(i) holds a Subclass 995 (Diplomatic (Temporary)) visa; and
(ii) is not a permanent resident of Australia; and
(iii) has entered into an employment agreement with the applicant in relation to those duties; and
(c) is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
403.244
The application has the support, in writing, of the Foreign Minister.
403.245
(1) The applicant satisfies public interest criterion 4005.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
403.25—Criteria for Privileges and Immunities stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Privileges and Immunities stream.
403.251
If the applicant was in Australia at the time of application:
(a) at that time, the applicant held a substantive temporary visa that was not:
(i) a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream; or
(iii) a Subclass 771 (Transit) visa; or
(iv) a special purpose visa; 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 3003, 3004 and 3005.
403.252
(1) The applicant is a person to whom privileges and immunities are, or are expected to be, accorded to the applicant under the International Organisations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995.
(2) The application has the support, in writing, of the Foreign Minister.
403.26—Criteria for Mobility Arrangement for Talented Early‑professionals Scheme stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Mobility Arrangement for Talented Early‑professionals Scheme stream.
403.261
(1) The applicant holds a qualification that:
(a) is of a kind specified by the Minister in an instrument in writing for the purposes of this paragraph; and
(b) relates to an industry specified by the Minister in an instrument in writing for the purposes of this paragraph.
(2) The qualification was conferred or awarded by a foreign educational institution specified by the Minister in an instrument in writing for the purposes of this subclause.
403.262
(1) The applicant satisfies any language test requirements specified by the Minister in an instrument made for the purposes of this subclause.
(2) If the Minister requires the applicant to demonstrate the applicant’s English language proficiency, the applicant demonstrates the applicant’s English language proficiency in the manner specified by the Minister.
403.263
The applicant:
(a) satisfies public interest criterion 4005; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
403.29—Criteria for the Pacific Australia Labour Mobility stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Pacific Australia Labour Mobility stream.
403.291
Each of the following applies:
(a) the applicant is participating, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme;
(b) an approved sponsor has agreed to be the sponsor of the applicant and the sponsor is:
(i) a temporary activities sponsor; and
(ii) participating, as an employer, in the scheme known as the Pacific Australia Labour Mobility scheme;
(c) the sponsor has not withdrawn the sponsor’s agreement to be the sponsor of the applicant;
(d) the sponsor has not ceased to be the sponsor of the applicant;
(e) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor;
(f) the applicant:
(i) is seeking to enter Australia for the purposes of the scheme known as the Pacific Australia Labour Mobility scheme; or
(ii) is in Australia and holds, or the last substantive visa held by the applicant was, a Subclass 403 visa in the Pacific Australia Labour Mobility stream, the Seasonal Worker Program stream or the Pacific Labour Scheme stream;
(g) the applicant satisfies public interest criteria 4005 and 4019.
403.3—Secondary criteria
Note 1: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
403.31—Criteria
403.311
The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria:
(a) a Subclass 403 visa in the Government Agreement stream;
(b) a Subclass 403 visa in the Foreign Government Agency stream;
(c) a Subclass 403 visa in the Privileges and Immunities stream;
(ca) a Subclass 403 visa in the Mobility Arrangement for Talented Early‑professionals Scheme stream;
(d) a Subclass 403 visa in the Pacific Australia Labour Mobility stream that permits the primary applicant to remain in Australia for a period of at least 1 year;
(e) a Subclass 403 visa in the Pacific Labour Scheme stream.
403.312
If the primary applicant holds a Subclass 403 visa in the Government Agreement stream:
(a) the relevant agreement permits the applicant to enter Australia as a member of the family unit of the primary applicant; and
(b) an Australian signatory has agreed to the applicant’s stay in Australia; and
(c) if the relevant agreement contains terms and conditions that apply to a member of the family unit of the primary applicant, the applicant meets the requirements of the terms and conditions.
403.312A
(1) This clause applies if the applicant (the secondary applicant) is a member of the family unit of a person (the primary applicant) who holds:
(a) a Subclass 403 visa in the Pacific Australia Labour Mobility stream that permits the primary applicant to remain in Australia for a period of at least 1 year; or
(b) a Subclass 403 visa in the Pacific Labour Scheme stream.
(2) The primary applicant is participating, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme.
(3) The support of the secondary applicant’s application mentioned in paragraph 1234(3)(cc) of Schedule 1 has not been withdrawn.
403.313
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
403.314
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:
(a) 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) any other relevant matter.
403.315
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.
403.316
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4013, 4014, 4020 and 4021.
(2) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
(3) If the primary applicant holds:
(a) a Subclass 403 visa in the Government Agreement stream; or
(b) a Subclass 403 visa in the Foreign Government Agency stream; or
(ba) a Subclass 403 visa in the Mobility Arrangement for Talented Early‑professionals Scheme stream; or
(c) a Subclass 403 visa in the Pacific Australia Labour Mobility stream that permits the primary applicant to remain in Australia for a period of at least 1 year; or
(d) a Subclass 403 visa in the Pacific Labour Scheme stream;
the applicant satisfies public interest criterion 4005.
(4) If:
(a) the primary applicant holds:
(i) a Subclass 403 visa in the Government Agreement stream; or
(ii) a Subclass 403 visa in the Foreign Government Agency stream; or
(iia) a Subclass 403 visa in the Mobility Arrangement for Talented Early‑professionals Scheme stream; or
(iii) a Subclass 403 visa in the Pacific Australia Labour Mobility stream that permits the primary applicant to remain in Australia for a period of at least 1 year; or
(iv) a Subclass 403 visa in the Pacific Labour Scheme stream; and
(b) the applicant had turned 18 at the time of application;
the applicant satisfies public interest criterion 4019.
403.317
The applicant satisfies special return criteria 5001, 5002 and 5010.
403.4—Circumstances applicable to grant
403.411
(1) An applicant who satisfies the primary criteria for the grant of:
(a) a Subclass 403 visa in the Government Agreement stream; or
(b) a Subclass 403 visa in the Foreign Government Agency stream; or
(c) a Subclass 403 visa in the Privileges and Immunities stream;
may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2) An applicant who satisfies the secondary criteria for the grant of a Subclass 403 visa in relation to a primary applicant referred to in subclause (1) may be in or outside Australia, but not in immigration clearance, when the visa is granted.
(2C) An applicant for the grant of a Subclass 403 visa in the Pacific Australia Labour Mobility stream:
(a) if the applicant holds, or the last substantive visa held by the applicant was, a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream, the Seasonal Worker Program stream or the Pacific Labour Scheme stream—may be in or outside Australia, but not in immigration clearance, when the visa is granted; or
(b) otherwise—must be outside Australia when the visa is granted.
(3) For an applicant not covered by subclause (1), (2) or (2C):
(a) if the applicant was in Australia when the application was made—the applicant must be in Australia, but not in immigration clearance, when the visa is granted; or
(b) if the applicant was outside Australia when the application was made—the applicant must be outside Australia when the visa is granted.
403.5—When visa is in effect
403.511
(1) Unless subclause (1A) applies, if the applicant is outside Australia at the time of grant—temporary visa permitting the holder:
(a) to travel to and enter Australia until a date specified by the Minister; and
(b) to remain in Australia during a period (the period of stay) beginning on the day the applicant first enters Australia as the holder of the visa and ending at the end of a period specified by the Minister; and
(c) to travel to and re‑enter Australia during the period of stay.
(1A) For a Subclass 403 visa in the Mobility Arrangement for Talented Early‑professionals Scheme stream—temporary visa permitting the holder:
(a) to travel to and enter Australia, within 12 months after the date of the grant of the visa; and
(b) to remain in Australia for 24 months after first entry.
(2) If the applicant is in Australia at the time of grant—temporary visa permitting the holder:
(a) to remain in Australia during a period (the period of stay) beginning on the date of grant of the visa and ending at the end of a period specified by the Minister; and
(b) to travel to and re‑enter Australia during the period of stay.
403.6—Conditions
403.611
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of:
(a) a Subclass 403 visa in the Government Agreement stream; or
(b) a Subclass 403 visa in the Foreign Government Agency stream; or
(c) a Subclass 403 visa in the Privileges and Immunities stream.
(2) The visa is subject to conditions 8107, 8303, 8501 and 8516.
(3) Conditions 8301, 8502, 8503, 8525 and 8526 may be imposed.
403.612
(1) This clause applies to an applicant who satisfies the secondary criteria for the grant of a Subclass 403 visa.
(2) The visa is subject to conditions 8303, 8501 and 8516.
(3) Conditions 8106, 8301, 8502, 8503, 8522, 8525 and 8526 may be imposed.
403.613
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream.
(2) The visa is subject to conditions 8110, 8303, 8501 and 8516.
(3) Conditions 8301, 8502, 8503, 8525 and 8526 may be imposed.
403.614
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Mobility Arrangement for Talented Early‑professionals Scheme stream.
(2) The visa is subject to conditions 8303, 8501 and 8516.
(3) Conditions 8301, 8502, 8503, 8525 and 8526 may be imposed.
403.617
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Pacific Australia Labour Mobility stream.
(2) The visa is subject to conditions 8303, 8501 and 8611.
(3) Conditions 8301, 8502, 8503, 8516, 8525, 8576 and 8578 may be imposed.
Subclass 405—Investor Retirement
405.1—Interpretation
405.111
In this Part:
designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part.
Note: For appropriate regional authority, see regulation 1.03.
405.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. Any other member of the family unit who is an applicant for a visa of this subclass need satisfy only the secondary criteria.
405.21—Criteria to be satisfied at time of application
Note 1: No criteria to be satisfied at time of application if applicant is outside Australia at that time.
Note 2: The requirements for making a valid application for an Investor Retirement (Class UY) visa are set out in item 1212B of Schedule 1.
405.211
If the applicant is in Australia, the applicant:
(a) must hold a substantive visa; or
(b) must:
(i) have held a substantive visa since last entering Australia; and