1229Skilled (Provisional) (Class VC)

1229  Skilled (Provisional) (Class VC)  (1) Form:   The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).  (A) an applicant who is seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream, holds a PHE visa and holds an eligible passport; or  (C) an applicant who claims to be a member of the family unit of a person who holds a PHE visa, if that person held a PHE visa immediately before the most recent grant of a Subclass 485 (Temporary Graduate) visa to that person and that person holds an eligible passport:   - 1 Base application charge $905 - 2 Additional applicant charge for an applicant who is at least 18 $455 - 3 Additional applicant charge for an applicant who is less than 18 $230    (A) an applicant who is seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream, holds a PHE visa and does not hold an eligible passport; or  (C) an applicant who claims to be a member of the family unit of a person who holds a PHE visa, if that person held a PHE visa immediately before the most recent grant of a Subclass 485 (Temporary Graduate) visa to that person and that person does not hold an eligible passport:   - 1 Base application charge $1 810 - 2 Additional applicant charge for an applicant who is at least 18 $910 - 3 Additional applicant charge for an applicant who is less than 18 $460    (iii) for:  (A) an applicant who is seeking to satisfy the primary criteria for the grant of a Skilled (Provisional) (Class VC) visa, holds an eligible passport and does not hold a PHE visa; or  (C) an applicant who claims to be a member of the family unit of a person who holds a Skilled (Provisional) (Class VC) visa and who did not, at the time of application, hold a PHE visa, and that person holds an eligible passport:   - 1 Base application charge $2 300 - 2 Additional applicant charge for an applicant who is at least 18 $1 150 - 3 Additional applicant charge for an applicant who is less than 18 $580     - 1 Base application charge $4 600 - 2 Additional applicant charge for an applicant who is at least 18 $2 300 - 3 Additional applicant charge for an applicant who is less than 18 $1 160 Note: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non‑Internet application charge. Not all of the components may apply to a particular application.  Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application.  (c) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).  (f) The following applicants may be in or outside Australia when making their applications, but not in immigration clearance:  (i) an applicant claiming to be a member of the family unit of a person who, having satisfied the primary criteria, holds a Skilled (Provisional) (Class VC) visa;  (iii) an applicant who is applying for a Subclass 485 (Temporary Graduate) visa in the Replacement stream or a Subclass 485 visa as a member of the family unit of an applicant for a Subclass 485 (Temporary Graduate) visa in the Replacement stream.  (g) An applicant to whom paragraph (f) does not apply must be in Australia, but not in immigration clearance, when making his or her application.  (h) An application by a person claiming to be a member of the family unit of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.  (j) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must nominate only one stream to which the application relates.  (k) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post‑Vocational Education Work stream must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this paragraph.  (l) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream must hold, or have held, a Student Temporary (Class TU) visa.  (la) An applicant seeking to satisfy the primary criteria for the grant of a subsequent Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream must:  (i) hold a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream or the Post‑Higher Education Work stream; or  (ii) hold a Subclass 485 (Temporary Graduate) visa in the Replacement stream and have held a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream.  (lb) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Replacement stream must meet the requirements of subitem (5).  (m) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must meet the requirements of subitem (4).  (4) The following requirements must be met:  (a) one of the following subparagraphs must be satisfied by the applicant:  (i) the applicant holds an eligible student visa;  (ia) the applicant is outside Australia when the application is made and the applicant has held an eligible student visa;  (ii) the applicant must:  (A) hold a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa; and  (B) have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;  (iii) the applicant must:  (A) hold a substantive visa; and  (B) have held an eligible student visa at any time during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;  (iv) if the ART made a decision to set aside and substitute the Minister’s decision not to revoke the cancellation of the applicant’s eligible student visa—the applicant must:  (A) if the ART’s decision is given to the applicant orally—have been taken, under subsection 368(7) of the Act, to have been notified of the decision not more than 28 days before the day on which the application is made;  (B) otherwise—have been taken, under section 379C of the Act, to have received the notification of the ART’s decision not more than 28 days before the day on which the application is made;  (v) the applicant holds a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream or the Post‑Higher Education Work stream and is applying for a subsequent Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream;  (vi) the applicant holds a Subclass 485 (Temporary Graduate) visa in the Replacement stream and is applying for a subsequent Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream;  (vii) the applicant holds a Subclass 485 (Temporary Graduate) visa that was granted on the basis of satisfying the primary criteria for that visa and is applying for a Subclass 485 (Temporary Graduate) visa in the Replacement stream;  (viii) the applicant:  (A) held a Subclass 485 (Temporary Graduate) visa that was granted on the basis of satisfying the primary criteria for that visa; and  (B) either holds a substantive visa or holds a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa; and  (C) is applying for a Subclass 485 (Temporary Graduate) visa in the Replacement stream;  (aa) if the visa applied for were granted, the total number of Subclass 485 (Temporary Graduate) visas held by the applicant, including that visa:  (i) must not be more than 4; and  (ii) must not include more than one Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream, or the Post‑Higher Education Work stream, granted on the basis of meeting the requirements in clause 485.232, 485.233, 485.234 or 485.235 of Schedule 2;  (b) the applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must be:  (i) if the applicant holds a Hong Kong passport or a British National (Overseas) passport, or has completed a masters degree (research) or a doctoral degree—less than 50 years old; or  (ii) otherwise—35 years old or younger.  (5) The following requirements must be met by an applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Replacement stream:  (a) the applicant must make the application before 1 July 2024;  (b) the applicant must hold or have held a Subclass 485 (Temporary Graduate) visa (the first visa) that:  (i) was granted on the basis of satisfying the primary criteria for the first visa; and  (ii) was granted before 15 December 2021; and  (iii) was in effect on or after 1 February 2020;  (c) if the applicant was outside Australia when the first visa was granted:  (i) the applicant must have entered Australia on a day on which the first visa was in effect and that occurred before 15 December 2021; and  (ii) the applicant must have later departed Australia on a day on which the first visa was in effect and that occurred before 15 December 2021;  (d) if the applicant was in Australia when the first visa was granted—the applicant must have been outside Australia on a day on which the first visa was in effect and that occurred between 1 February 2020 and 14 December 2021;  (e) if any of the following visas held by the applicant have been cancelled:  (i) a Subclass 485 (Temporary Graduate) visa;  (ii) a visa granted after the applicant held a Subclass 485 (Temporary Graduate) visa;   then, either of the following must apply to each cancelled visa:  (iii) the cancelled visa must have been cancelled on the ground specified in paragraph 2.43(1)(g);  (iv) the decision to cancel the cancelled visa must have been set aside by the ART.  (10) Subclasses:   Subclass 485   (Temporary Graduate)  (11) In this item: completed, in relation to a masters degree (research) or a doctoral degree, means having met the academic requirements for its award. Note: The academic requirements for the award of a masters degree (research) or a doctoral degree do not include the formal conferral of the degree. Therefore, a person can complete such a degree, for the purposes of this definition, before the award is formally conferred. eligible passport means a valid passport issued by one of the following countries:  (a) Federated States of Micronesia;  (b) Fiji;  (c) Kiribati;  (d) Nauru;  (e) Palau;  (f) Papua New Guinea;  (g) Republic of the Marshall Islands;  (h) Samoa;  (i) Solomon Islands;  (j) Timor‑Leste;  (k) Tonga;  (l) Tuvalu;  (m) Vanuatu. eligible student visa means a student visa, other than:  (a) a visa granted to a Foreign Affairs student or Defence student; or  (b) a visa granted on the basis of the applicant being a member of the family unit of the holder of a student visa. PHE visa means either:  (a) a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream or the Post‑Higher Education Work stream; or  (b) a Subclass 485 (Temporary Graduate) visa in the Replacement stream held by a person who previously held a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream.