(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and
(f) the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.
Production roles other than as a performer
(5) This subclause applies to the applicant if:
(a) the applicant will be directing, producing or taking another part (otherwise than as a performer) 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; and
(b) the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and
(c) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and
(f) the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for the production, concert or recording.
Support staff for profit
(6) This subclause applies to the applicant if:
(a) the applicant will be supporting an entertainer or a body of entertainers in relation to a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia by assisting a performance or by providing personal services; and
(b) the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and
(c) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and
(f) the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.
Non‑profit engagements
(7) This subclause applies to the applicant if:
(a) the applicant will be:
(i) performing as an entertainer in one or more specific engagements that are for non‑profit purposes; or
(ii) supporting an entertainer or a body of entertainers in relation to one or more specific engagements that are for non‑profit purposes, by assisting a performance or by providing personal services; and
(b) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and
(c) the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.
Documentary program or commercial for overseas market
(8) This subclause applies to the applicant if:
(a) the applicant will participate in the making of a documentary program or commercial that is for an overseas market; and
(b) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant.
Eligible sponsor
(9) For the purposes of this clause, a person is an eligible sponsor if:
(a) the person is a temporary activities sponsor or an entertainment sponsor; and
(b) the person is:
(i) an Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; or
(iii) a foreign government agency.
Eligible supporter
(10) For the purposes of this clause, a person or organisation is an eligible supporter if the person or organisation is:
(a) an Australian organisation that is lawfully operating in Australia; or
(b) a government agency; or
(c) a foreign government agency; or
(d) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
408.3—Secondary criteria
Note 1: These criteria must be satisfied by 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.
408.311
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 for the grant of that visa:
(a) a Subclass 408 (Temporary Activity) visa;
(b) a Subclass 401 (Temporary Work (Long Stay Activity)) visa;
(c) a Subclass 402 (Training and Research) visa in the Research stream;
(d) a Subclass 416 (Special Program) visa granted on the basis that the primary applicant satisfied the criterion in paragraph 416.222(a) (special program other than a special program of seasonal work);
(e) a Subclass 420 (Temporary Work (Entertainment)) visa;
(f) a Subclass 488 (Superyacht Crew) visa.
408.312
If the primary applicant was sponsored by an approved work sponsor, the sponsor:
(a) has agreed, in writing, to be the sponsor of the applicant; and
(b) has not withdrawn its agreement to be the sponsor of the applicant; and
(c) has not ceased to be the sponsor of the primary applicant; and
(d) 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.
408.313
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.
408.314
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
408.315
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, 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) any other relevant matter.
408.316
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.
408.317
(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 4017 and 4018.
408.318
The applicant satisfies special return criteria 5001, 5002 and 5010.
408.4—Circumstances applicable to grant
408.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
408.5—When visa is in effect
408.511
(1) 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) for a primary applicant—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, which must not exceed:
(i) for a primary applicant who states on the application form that the proposed length of stay in Australia is 3 months or less—3 months; or
(ii) for a primary applicant who satisfies the criterion in clause 408.219A on the basis of clause 408.228A (workplace justice) or clause 408.229 (Australian Government endorsed events)—4 years; or
(iii) for any other primary applicant—2 years; and
(c) for a secondary applicant—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 on the day that the primary applicant’s visa ceases to be in effect; and
(d) to travel to and re‑enter Australia during the period of stay.
(2) If the applicant is in Australia at the time of grant—temporary visa permitting the holder:
(a) for a primary applicant—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, which must not exceed:
(i) for a primary applicant who satisfies the criterion in clause 408.219A on the basis of clause 408.221 (invited participant in an event)—3 months; or
(ii) for a primary applicant who satisfies the criterion in clause 408.219A on the basis of clause 408.228A (workplace justice) or clause 408.229 (Australian Government endorsed events)—4 years; or
(iii) for any other primary applicant—2 years; and
(b) for a secondary applicant—to remain in Australia during a period (the period of stay) beginning on the date of grant of the visa and ending on the day that the primary applicant’s visa ceases to be in effect; and
(c) to travel to and re‑enter Australia during the period of stay.
408.6—Conditions
408.611
If the applicant is a primary applicant:
(a) the visa is subject to conditions 8107 and 8303; and
(b) if the visa was granted on the basis that clause 408.229A (entertainment) applied to the applicant—the visa is subject to condition 8109; and
(c) conditions 8106, 8114, 8301, 8501, 8502, 8503, 8516, 8525 and 8526 may be imposed.
408.612
If the applicant is a secondary applicant:
(a) the visa is subject to condition 8303; and
(b) conditions 8106, 8301, 8501, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
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: