(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.
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(i) for an applicant who holds:
(A) a Skilled—Independent Regional (Provisional) (Class UX) visa; or
(B) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(C) a Subclass 475 (Skilled—Regional Sponsored) visa; or
(D) a Subclass 487 (Skilled—Regional Sponsored) visa;
or whose application is combined, or sought to be combined, with an application made by that person:
First instalment
Item Component Amount
1 Base application charge $435
2 Additional applicant charge for an applicant who is at least 18 $220
3 Additional applicant charge for an applicant who is less than 18 $110
(ii) for any other applicant:
First instalment
Item Component Amount
1 Base application charge $4 910
2 Additional applicant charge for an applicant who is at least 18 $2 455
3 Additional applicant charge for an applicant who is less than 18 $1 230
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.
(b) second instalment (payable before grant of visa):
Second instalment
Item Applicant Amount
1 Applicant who:(a) was at least 18 at the time of application; and(b) is assessed as not having functional English; and $4 890
(c) has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in subparagraph (2)(a)(i), that the applicant holds
2 Any other applicant Nil
(3) Other:
(aa) An application by a person seeking to satisfy the primary criteria in the First Provisional Visa stream must be made before 16 November 2019.
(a) 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).
(b) An applicant may be in or outside Australia, but not in immigration clearance.
(c) An applicant in Australia must hold:
(i) a substantive visa; or
(ii) a Subclass 010 (Bridging A) visa; or
(iii) a Subclass 020 (Bridging B) visa; or
(iv) a Subclass 030 (Bridging C) visa.
(d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled—Regional Sponsored (Provisional) (Class SP) visa may be made at the same time as, and combined with, an application by that person.
(4) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 489 (Skilled—Regional (Provisional)) visa in the First Provisional Visa stream must meet the requirements in the table.
Item
Requirements
1
The applicant must have been invited, in writing, by the Minister to apply for a Subclass 489 (Skilled‑Regional (Provisional)) visa in the First Provisional Visa stream
2
The applicant must apply for that visa within the period stated in the invitation
3
The applicant must not have turned 45 at the time of invitation to apply for the visa
4
The applicant must nominate a skilled occupation:<br>(a) that is specified by the Minister in an instrument in writing for this item as a skilled occupation at the time of invitation to apply for the visa; and<br>(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and
(c) for which the applicant declares in the application that the applicant’s skills have been assessed as suitable by the relevant assessing authority for that occupation and that the assessment is not for a Subclass 485 (Temporary Graduate) visa
5
The applicant must:<br>(a) be nominated by a State or Territory government agency; or<br>(b) declare in the application that the applicant is sponsored by a person who:<br>(i) has turned 18; and<br>(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
6
If the applicant declares in the application that the applicant is sponsored by a person mentioned in paragraph 5(b), the applicant also declares in the application that:<br>(a) the sponsor is usually resident in a designated area of Australia; and<br>(b) the sponsor is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is an applicant for the grant of a Skilled—Regional Sponsored (Provisional) (Class SP) visa), as:
(i) a parent; or<br>(ii) a child or step‑child; or<br>(iii) a brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or<br>(iv) an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle; or<br>(v) a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or
(vi) a grandparent; or<br>(vii) a first cousin; and<br>(c) each person who is an applicant, and claims to be a member of the family unit of the applicant, is sponsored by that person
Note: designated area is defined in regulation 1.03
(5) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 489 (Skilled—Regional (Provisional)) visa in the Second Provisional Visa stream must meet the requirements in the table.
Item
Requirements
1
The applicant holds one of the following visas:<br>(a) a Skilled—Independent (Provisional) (Class UX) visa;<br>(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;<br>(c) a Subclass 475 (Skilled—Regional Sponsored) visa;<br>(d) a Subclass 487 (Skilled—Regional Sponsored) visa.
2
For at least 2 years immediately before the application is made, the applicant must have held one of those visas, granted on the basis of:<br>(a) satisfying the primary criteria for the grant of that visa; or<br>(b) being the spouse or de facto partner of the person who satisfied the primary criteria for the grant of that visa
3
The applicant must not have held more than one of a particular kind of those visas
(6) Subclasses:
Subclass 489 (Skilled—Regional (Provisional))
1231 Temporary Work (Short Stay Specialist) (Class GA)
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(iii) for an applicant:
(A) who applies in the course of acting as a representative for a foreign government; or
(B) whose application is combined, or sought to be combined, with an application made by that person;
the amount is nil; and
(iv) for an applicant:
(A) who is in a class of persons specified by the Minister in an instrument in writing for this subparagraph; or
(B) whose application is combined, or sought to be combined, with an application made by that person;
the amount is nil; and
(v) for any other applicant:
First instalment
Item Component Amount
1 Base application charge $430
2 Additional applicant charge for an applicant who is at least 18 $430
3 Additional applicant charge for an applicant who is less than 18 $110
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.
(b) the second instalment (payable before grant of visa) is nil.
(3) Other:
(a) 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).
(b) An applicant must be outside Australia.
(c) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Temporary Work (Short Stay Specialist) (Class GA) visa may be made at the same time as, and combined with, the application by that person.
(4) Subclasses:
Subclass 400 (Temporary Work (Short Stay Specialist))
1234 Temporary Work (International Relations) (Class GD)
(1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
(i) for an applicant who is in a class of persons specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5), the amount is nil; and
(ii) for an applicant whose application is combined with an application made by a person referred to in subparagraph (i), the amount is nil; and
(iia) for an applicant for the grant of a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream:
First instalment
Item Component Amount
1 Base application charge $355
2 Additional applicant charge for an applicant who is at least 18 $345
3 Additional applicant charge for an applicant who is less than 18 $80
(iii) for any other applicant:
First instalment
Item Component Amount
1 Base application charge $375
2 Additional applicant charge for an applicant who is at least 18 $375
3 Additional applicant charge for an applicant who is less than 18 $95
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.
(b) the second instalment (payable before grant of visa) is nil.
(3) Other:
(a) 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).
(b) Subject to paragraphs (cae) and (cag), an applicant may be in or outside Australia, but not in immigration clearance.
(cae) If:
(i) an applicant is seeking to satisfy the criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream; and
(ii) the applicant does not hold 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 when the application is made; and
(iii) if 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—that visa expired more than 28 days before the application is made;
the applicant must be outside Australia.
(caf) If an applicant is seeking to satisfy the primary criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream, the applicant must meet the requirement in subitem (3E).