Note: These criteria must be satisfied by applicants who are members of the family unit, or members of the immediate family, of a person who satisfies the primary criteria.
449.31—[No criteria to be satisfied at time of application]
449.32—Criteria to be satisfied at time of decision
449.321
The applicant:
(a) is a member of the family unit of a person who, having met the requirements of subclause 449.221(2), is the holder of a Subclass 449 visa; or
(b) is a member of the immediate family of a person who, having met the requirements of subclause 449.221(3), is the holder of a Subclass 449 visa.
449.322
(1) The applicant satisfies public interest criteria 4002 and 4003A.
(2) The applicant satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
449.323
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
449.4—Circumstances applicable to grant
449.411
If the application is made outside Australia, the applicant must be outside Australia at the time of grant.
449.412
If the application is made in Australia, the applicant must be in Australia at the time of grant.
449.5—When visa is in effect
449.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
449.6—Conditions
449.611
Condition 8506.
449.612
Condition 8101 or 8104 may be imposed.
449.612A
Condition 8303 may be imposed.
449.613
If the Minister is satisfied that it would be unreasonable to require an applicant to undergo assessment in relation to criterion 4007, condition 8529.
Note: See subclauses 449.224(2) and 449.322(2).
Subclass 461—New Zealand Citizen Family Relationship (Temporary)
461.1—Interpretation
Note: There are no interpretation provisions specific to this Part.
461.2—Primary criteria
Note: All applicants must meet the primary criteria.
461.21—Criteria to be satisfied at time of application
461.211
The applicant is not a New Zealand citizen.
461.212
(1) The applicant meets the requirements of subclause (2), (3) or (4).
(2) An applicant meets the requirements of this subclause if the applicant is a member of the family unit of:
(a) a person, other than an eligible New Zealand citizen, who is in Australia as the holder of a Subclass 444 (Special Category) visa; or
(b) a person, other than an eligible New Zealand citizen, who:
(i) is outside Australia; and
(ii) will be accompanying the applicant to Australia; and
(iii) will, on entry, be the holder of a special category visa.
(3) An applicant meets the requirements of this subclause if the applicant:
(a) either:
(i) is in Australia as the holder of a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa; or
(ii) is not the holder of a substantive visa and the last substantive visa held by the applicant was a Subclass 461 visa; and
(b) is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and
(c) has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person).
(4) An applicant meets the requirements of this subclause if the applicant:
(a) is outside Australia; and
(b) either:
(i) the applicant was lawfully present in Australia as the holder of a Subclass 461 visa for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa; or
(ii) the Minister is satisfied that the applicant:
(A) has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and
(B) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence; and
(c) on last departure from Australia was a holder of a Subclass 461 visa; and
(d) is no longer a member of the family unit of the person in relation to whom the applicant was granted a Subclass 461 visa; and
(e) has not become a member of the family unit of another person (whether or not the applicant is still a member of the family unit of that other person).
461.213
If the applicant is in Australia at the time of application:
(a) at that time, the applicant held a substantive temporary visa other than a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or
(b) if the applicant did not hold a substantive visa at that time:
(i) the last substantive temporary visa held by the applicant was not a visa mentioned in paragraph (a); and
(ii) the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.
461.22—Criteria to be satisfied at time of decision
461.221
The applicant continues to satisfy the criterion in subclause 461.212(1).
461.222
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
461.223
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4013, 4014, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
461.224
If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
461.225
If the applicant is in Australia at the time of application, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa.
461.226
If the applicant is outside Australia at the time of application and the applicant has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002.
461.3—Secondary criteria
Note: All applicants must satisfy the primary criteria.
461.4—Circumstances applicable to grant
461.411
The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.
461.5—When visa is in effect
461.511
Temporary visa permitting the holder to travel to, and enter and remain in, Australia for a period of 5 years from the date of grant.
461.6—Conditions
461.611
Either or both of conditions 8303 and 8501 may be imposed.
Subclass 462—Work and Holiday
462.1—Interpretation
Note: There are no interpretation provisions specific to this Part. Foreign Affairs recipient, Foreign Affairs student and specified Subclass 462 work are defined in regulation 1.03.
462.2—Primary criteria
Note: All applicants must satisfy the primary criteria.
462.21—Criteria to be satisfied at time of application
462.211
If the applicant:
(a) is not, and has not previously been, in Australia as the holder of a Subclass 462 visa other than an offshore COVID‑19 affected visa; and
(b) is not a member of a class of persons specified by the Minister, by an instrument in writing, for subparagraph 1224A(3)(b)(iii) of Schedule 1;
the applicant satisfies the criteria in clauses 462.212, 462.213, 462.215, 462.216 and 462.217.
462.211A
If the applicant:
(a) is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID‑19 affected visa; and
(b) is a member of a class of persons specified by the Minister, by an instrument in writing, for the purposes of subparagraph 1224A(3)(b)(iii) of Schedule 1;
the applicant satisfies the criteria in clause 462.212 and clauses 462.214 to 462.217.
462.211B
(1) If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID‑19 affected visa, the applicant satisfies the criteria in:
(a) clauses 462.212, 462.214 and 462.217; and
(b) unless subclause (2) applies—clauses 462.218 and 462.219.
(2) This subclause applies if:
(a) the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of paragraph 1224A(3)(d) of Schedule 1; or
(b) all of the following apply:
(i) the application is made between 5 March 2022 and 31 December 2022;
(ii) the applicant holds or held an onshore COVID‑19 affected visa;
(iii) the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022.
462.212
The applicant is aged at least 18 and no more than:
(a) 35; or
(b) if, in the instrument in writing made for the purposes of paragraph 1224A(3)(a) of Schedule 1, a younger age is specified for the foreign country that issued the passport the applicant holds (or, if paragraph 1224A(3)(aaa) of Schedule 1 applies, held)—that younger age.
462.213
(1) The applicant has provided with the application a letter:
(a) from the government of a foreign country with which the Australian Government has an arrangement mentioned in clause 462.216; and
(b) that includes a statement to the effect that the government of the foreign country has agreed to the applicant’s stay in Australia under the arrangement.
(2) The applicant holds a valid passport issued by the foreign country mentioned in subclause (1).
(3) Subclause (2) does not apply if:
(a) the applicant is in Australia; and
(b) when entering Australia, the applicant held a valid passport issued by the foreign country; and
(c) the passport expired after the applicant entered Australia.
462.214
(1) The applicant holds a valid passport issued by a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1.
(2) Subclause (1) does not apply if:
(a) the applicant is in Australia; and
(b) when entering Australia, the applicant held a valid passport issued by a foreign country specified in an instrument in writing made under 1224A(3)(a) of Schedule 1; and
(c) the passport expired after the applicant entered Australia.
462.215
The Minister is satisfied that the applicant has at least functional English.
Note: functional English is defined in subsection 5(2) of the Act.
462.216
The Minister is satisfied that the application meets the requirements of an arrangement between the Australian Government and the government of a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1.
462.217
The Minister is satisfied that the applicant:
(a) seeks to enter or remain in Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia; and
(b) has sufficient money for:
(i) the fare to the applicant’s intended overseas destination on leaving Australia; and
(ii) personal support for the purposes of a working holiday; and
(c) will not be accompanied by dependent children during the applicant’s stay in Australia unless the applicant is a member of a class of persons specified by the Minister in an instrument in writing for this paragraph.
462.218
(1) If the applicant has held only one Subclass 462 (Work and Holiday) visa in Australia, the Minister is satisfied that:
(a) the applicant has, after 18 November 2016, carried out a period or periods of specified Subclass 462 work as the holder of the visa; and
(b) the total period of the work carried out is at least 3 months; and
(c) the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards; and
(d) the work was not carried out for an excluded employer.
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID‑19 affected visa.
462.219
(1) If the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia, the Minister is satisfied that:
(a) the applicant has carried out a period or periods of specified Subclass 462 work; and
(b) the total period of that work is at least 6 months; and
(c) all of that work was carried out while the applicant held:
(i) the second Subclass 462 (Work and Holiday) visa; or
(ii) a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 462 (Work and Holiday) visa (made at a time when the applicant held the first Subclass 462 (Work and Holiday) visa); and
(d) all of that work was carried out on or after 1 July 2019; and
(e) the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards; and
(f) that work was not carried out for an excluded employer.
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID‑19 affected visa.
462.22—Criteria to be satisfied at time of decision
462.221
If the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID‑19 affected visa, the applicant:
(a) continues to satisfy the criteria in clauses 462.215, 462.216 and 462.217; and
(aa) continues to hold the passport mentioned in paragraph 1224A(3)(a) of Schedule 1, or a valid replacement passport issued by the country concerned; and
(b) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4019 and 4020; and
(c) is the holder of an educational qualification specified in an instrument in writing for this paragraph, in relation to the foreign country that issued the passport mentioned in paragraph (aa); and
(e) is not a Foreign Affairs student or a Foreign Affairs recipient.
462.221A
If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa other than an offshore COVID‑19 affected visa, the applicant:
(a) continues to satisfy the criteria in clause 462.217; and
(aa) unless subclause 462.211B(2) applies—continues to satisfy the criteria in clauses 462.218 and 462.219; and
(b) either:
(i) if the applicant was not in Australia when the application was made—continues to hold the passport mentioned in paragraph 1224A(3)(a) of Schedule 1, or a valid replacement passport issued by the country concerned; or
(ii) otherwise—holds a valid passport issued by a foreign country specified in an instrument in writing made under paragraph 1224A(3)(a) of Schedule 1; and
(c) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4019 and 4020; and
(d) is not a Foreign Affairs student or a Foreign Affairs recipient.
462.222
If the applicant:
(a) was outside Australia at the time of application; and
(b) has previously been in Australia;
the applicant satisfies special return criteria 5001 and 5002.
462.223
The Minister is satisfied that the applicant intends to comply with any conditions subject to which the visa is granted.
462.224
(1) If the applicant is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa, the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of decision on the application).
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID‑19 affected visa.
462.3—Secondary criteria
Note: All applicants must meet the primary criteria.
462.4—Circumstances applicable to grant
462.411
If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.
462.412
If the applicant is in Australia at the time of application, the applicant must be in Australia, but not in immigration clearance, at the time of grant.
462.5—When visa is in effect
462.511
If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:
(a) to travel to and enter Australia within 12 months after the date of the grant of the visa; and
(b) to travel to, enter and remain in Australia until 12 months after the date of first entry to Australia.
462.512
If the applicant is in Australia at the time of grant and did not hold a Subclass 462 (Work and Holiday) visa at the time of application—temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date of grant.
462.513
If the applicant is in Australia at the time of grant and held a Subclass 462 (Work and Holiday) visa (the old visa) at the time of application—temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the old visa would have otherwise ceased to be in effect.
462.6—Conditions
462.611
Conditions 8547 and 8548.
462.612
Any 1 or more of conditions 8303, 8501, 8503, 8516 and 8540 may be imposed, unless an application is decided by the use of a computer program in accordance with an arrangement under section 495A of the Act.
Subclass 476—Skilled—Recognised Graduate
476.1—Interpretation
476.111
In this Part:
completed, in relation to a degree, means having met the academic requirements for the award of the degree.
476.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.
476.21—Criteria to be satisfied at time of application
476.211
The applicant:
(a) has not previously held a Subclass 476 visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and
(b) has not previously held a Subclass 485 (Temporary Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.