Removal of work limitation condition on Retirement (Subclass 410) visa

1 July 2009 Legislation Change

Client summary

From 1 July 2009, the Migration Regulations 1994 ('the Regulations') are amended to provide Retirement visa holders with full work rights by removing mandatory condition 8104 from the visa.

Current visa holders will not automatically receive the benefit of this change.

Retirement visas granted before 1 July 2009 will still have limited work rights (up to 20 hours per week). Access to the no work limitation will take effect when the visa holder next renews his or her Retirement visa.

Affected legislation

The following provisions of the Regulations are amended:

Schedule 1, sub-subparagraph 1217 (2) (a) (i) (A) is amended
Schedule 2, paragraph 410.611 is removed

Additional information: These amendments seek to allow Subclass 410 visa holders to make a greater contribution to their local community by allowing holders to engage in more than 20 hours of paid or unpaid activities without fear of breaching a visa condition.

Transitional provisions: The amendment applies to applications for visas made on or after 1 July 2009.

A transitional arrangement has been put in place that will allow certain visa holders to obtain a Retirement visa that provides unlimited work rights for the period of their previous visa. This visa application will be free of charge.

Forms: Form 147 and 1044i will be amended to reflect this change.

Instructions: PAM3: Sch2Visa410 has been amended to reflect this change.