(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 Employer Sponsored Regional (Provisional) (Class PE) 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 494 (Skilled Employer Sponsored Regional (Provisional)) visa must meet the requirements in the table.
Requirements for applicants seeking to satisfy primary criteria
Item Requirements
1 A person must have nominated a proposed occupation (the nominated occupation) in relation to the applicant for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in a stream
2 The application must be for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the stream for which the nominated occupation was nominated
3 The application must identify the nomination
4 One of the following must apply:(a) the nomination has been approved under section 140GB of the Act and the approval of the nomination has not ceased under regulation 2.75B;(b) a decision in respect of the nomination has not been made under section 140GB of the Act
5 The person who made the nomination must not be the subject of a bar under section 140M of the Act
6 The applicant must declare in the application (the primary application) whether or not either:(a) the applicant; or(b) any person who has made a combined application with the applicant;has engaged in conduct, in relation to the primary application or the combined application, that constitutes a contravention of subsection 245AS(1) of the Act
(5) Subject to subitem (6), an applicant seeking to satisfy the primary criteria for the grant of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream must declare in the application that:
(a) the relevant assessing authority for the nominated occupation has assessed the applicant’s skills as suitable for that occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa.
(6) Subitem (5) does not apply in circumstances specified by the Minister in a legislative instrument made for the purposes of this subitem under subregulation 2.07(5).
(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):
First instalment
Item Component Amount
1 Base application charge Nil
2 Additional applicant charge for an applicant who is at least 18 Nil
3 Additional applicant charge for an applicant who is less than 18 Nil
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) Applicant must be in Australia but not in immigration clearance.
(c) Either:
(i) the applicant has made a valid application for a substantive visa that has not been finally determined; or
(ii) application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed.
(d) Applicant must:
(i) hold a substantive visa; or
(ii) hold a Bridging A (Class WA) or Bridging B (Class WB) visa and have held a substantive visa when he or she made the substantive visa application; or
(iii) have held a substantive visa when he or she made the substantive visa application referred to in paragraph (c); or
(iv) have previously held a Bridging A (Class WA) visa granted under regulation 2.21A in respect of the substantive visa referred to in paragraph (c); or
(v) hold or have previously held a Bridging E (Class WE) visa granted under regulation 2.24A.
(da) Either:
(i) the applicant is not a person in respect of whom a weapons of mass destruction determination has been made; or
(ii) if the applicant is a person in respect of whom a weapons of mass destruction determination has been made—the Foreign Minister, or a person authorised by the Foreign Minister, has subsequently determined that the applicant is no longer a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.
(e) If the last substantive visa held by the applicant was cancelled:
(i) the decision to cancel that visa has been set aside by the ART; or
(ii) if that visa was cancelled under section 137J of the Act:
(A) the cancellation has been revoked; or
(B) a decision not to revoke the cancellation has been set aside by the ART.
(f) Applicant is not in immigration detention or criminal detention.
(g) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging A (Class WA) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
010 (Bridging A)
Note 1: The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A.
Note 2: Regulation 2.07A sets out the circumstances in which an application for a substantive visa on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.
1302 Bridging B (Class WB)
(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):
First instalment
Item Component Amount
1 Base application charge $190
2 Additional applicant charge for an applicant who is at least 18 Nil
3 Additional applicant charge for an applicant who is less than 18 Nil
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) Applicant must be in Australia but not in immigration clearance.
(ba) Applicant must be a person who is immigration cleared.
(bb) Applicant must not be:
(i) the holder of a Subclass 785 (Temporary Protection) visa, including a Subclass 785 (Temporary Protection) visa granted before 2 December 2013; or
(ii) a person whose last substantive visa was a Subclass 785 (Temporary Protection) visa, including a Subclass 785 (Temporary Protection) visa granted before 2 December 2013; or
(iii) the holder of a Subclass 790 (Safe Haven Enterprise) visa; or
(iv) a person whose last substantive visa was a Subclass 790 (Safe Haven Enterprise) visa.
(c) Applicant is not in immigration detention or criminal detention.
(ca) Either:
(i) the applicant is not a person in respect of whom a weapons of mass destruction determination has been made; or
(ii) if the applicant is a person in respect of whom a weapons of mass destruction determination has been made—the Foreign Minister, or a person authorised by the Foreign Minister, has subsequently determined that the applicant is no longer a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.
(d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging B (Class WB) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
020 (Bridging B)
1303 Bridging C (Class WC)
(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):
First instalment
Item Component Amount
1 Base application charge Nil
2 Additional applicant charge for an applicant who is at least 18 Nil
3 Additional applicant charge for an applicant who is less than 18 Nil
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) Applicant must be in Australia but not in immigration clearance.
(c) Either:
(i) the applicant has made a valid application for a substantive visa that has not been finally determined; or
(ii) both of the following apply:
(A) application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application, and the judicial proceedings (including proceedings on appeal, if any) have not been completed;
(B) the applicant held a Bridging C (Class WC) visa granted on the basis of the applicant’s substantive visa application.
(ca) Applicant must be:
(i) a person who is immigration cleared; or
(ii) an eligible non‑citizen referred to in subregulation 2.20(6).
(d) Applicant:
(i) was not the holder of a substantive visa when he or she made the substantive visa application referred to in paragraph (c); and
(ii) does not hold a Bridging E (Class WE) visa (other than a Bridging E (Class WE) visa granted under regulation 2.24A); and
(iii) has not held a Bridging E (Class WE) visa (other than a Bridging E (Class WE) visa granted under regulation 2.24A) since he or she last held a substantive visa.
(da) Either:
(i) the applicant is not a person in respect of whom a weapons of mass destruction determination has been made; or
(ii) if the applicant is a person in respect of whom a weapons of mass destruction determination has been made—the Foreign Minister, or a person authorised by the Foreign Minister, has subsequently determined that the applicant is no longer a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.
(e) Applicant is not in immigration detention or in criminal detention and has not escaped from either immigration detention or criminal detention.
(f) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging C (Class WC) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
030 (Bridging C)
Note: Regulation 2.07A sets out the circumstances in which an application for a substantive visa made on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.
1304 Bridging D (Class WD)
(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):
First instalment
Item Component Amount
1 Base application charge Nil
2 Additional applicant charge for an applicant who is at least 18 Nil
3 Additional applicant charge for an applicant who is less than 18 Nil
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) Applicant must be in Australia but not in immigration clearance.
(ba) Applicant must be:
(i) a person who is immigration cleared; or
(ii) an eligible non‑citizen referred to in subregulation 2.20(6).
(c) Applicant is not in immigration detention or criminal detention.
(d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging D (Class WD) visa may be made at the same time and place as, and combined with, the application by that person.
(4) Subclasses:
040 (Bridging (Prospective Applicant))
041 (Bridging (Non‑applicant))
1305 Bridging E (Class WE)
(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):
First instalment
Item Component Amount
1 Base application charge Nil
2 Additional applicant charge for an applicant who is at least 18 Nil
3 Additional applicant charge for an applicant who is less than 18 Nil
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) Applicant must be in Australia but not in immigration clearance.
(ba) Applicant must be an eligible non‑citizen within the meaning of section 72 of the Act.
(c) If applicant is in immigration detention, an officer appointed under subregulation 2.10A(2) as a detention review officer for the State or Territory in which the applicant is detained has been informed of the application.
(d) Application by a person claiming to be a member of the family unit of a person who is an applicant for a Bridging E (Class WE) visa may be made at the same time and place as, and combined with, the application by that person.
(e) If the applicant has applied at the same time and on the same form for a substantive visa, the application for the substantive visa is valid.
(f) The applicant has not previously held a Bridging E (Class WE) visa that has been cancelled by reason of a failure to comply with condition 8564 or 8566.
(g) The applicant has not previously held a visa that has been cancelled on a ground specified in paragraph 2.43(1)(p) or (q).
(4) Subclasses:
050 (Bridging (General))
051 (Bridging (Protection Visa Applicant))
Note: Regulation 2.07A sets out the circumstances in which an application for a substantive visa made on a form mentioned in this item is not a valid application for a Bridging A (Class WA), Bridging C (Class WC) or Bridging E (Class WE) visa.
1306 Bridging F (Class WF)
(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):
First instalment
Item Component Amount
1 Base application charge Nil
2 Additional applicant charge for an applicant who is at least 18 Nil
3 Additional applicant charge for an applicant who is less than 18 Nil
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.