(a) in the period of 24 months ending immediately before the day on which the application is made; and
(b) at an institution specified by the Minister in an instrument in writing for this paragraph;
for the award of a degree or higher qualification in a discipline specified in an instrument in writing for this clause.
476.213
The application is accompanied by evidence that:
(a) the applicant:
(i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and
(ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or
(b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph.
476.22—Criteria to be satisfied at time of decision
476.222
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
476.223
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
476.224
Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 476 visa, is a person who:
(d) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010 and 4020; and
(da) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and
(e) if the person has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.
476.225
If a person (the additional applicant):
(a) is a member of the family unit of the applicant; and
(b) is less than 18; and
(c) made a combined application with the applicant;
public interest criteria 4015 and 4016 are satisfied for the additional applicant.
476.226
Grant of the visa would not result in either:
(a) the number of Subclass 476 visas granted in a financial year exceeding the maximum number of Subclass 476 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or
(b) the number of visas of particular classes (including Subclass 476) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.
476.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.
476.31—Criteria to be satisfied at time of application
476.311
The applicant:
(a) is a member of the family unit of a person who satisfies the primary criteria in Subdivision 476.21, and made a combined application with that person; or
(b) is a member of the family unit of a person who is the holder of a Skilled (Provisional) (Class VF) visa on the basis of satisfying the primary criteria for the grant of a Subclass 476 visa.
476.32—Criteria to be satisfied at time of decision
476.321
The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 476 visa.
476.322
The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021; and
(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.
476.323
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
476.324
If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
476.4—Circumstances applicable to grant
476.411
(1) If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.
(2) If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.
476.412
In any other case, an applicant may be in or outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
476.5—When visa is in effect
476.511
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
476.512
(1) Despite clause 476.511, a visa to which subclause (2) or (3) of this clause applies is a temporary visa permitting the holder to travel to, enter and remain in Australia until 14 April 2024.
(2) This subclause applies to a Subclass 476 visa at and after the end of the date (the original end date) specified by the Minister in relation to the visa as mentioned in clause 476.511 if:
(a) the visa was granted on the basis that the person to whom it was granted satisfied the primary criteria for the grant of the visa; and
(b) the person was outside Australia on a day to which all of the following subparagraphs apply:
(i) the day occurred on or before the original end date;
(ii) the day occurred between 1 February 2020 and 14 December 2021;
(iii) the visa was in effect on the day; and
(c) the original end date occurs before 14 April 2024; and
(d) the visa is not cancelled on or before the original end date.
(3) This subclause applies to a Subclass 476 visa held by a person if:
(a) the visa was granted on the basis that the person satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person who holds a visa (the primary visa) granted on the basis of satisfying the primary criteria for the grant of a Subclass 476 visa; and
(b) subclause (2) applies to the primary visa.
476.6—Conditions
476.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8502 may be imposed; and
(c) condition 8515 may be imposed.
Subclass 482—Skills in Demand
482.1—Interpretation
482.111
In this Part:
nominated occupation, in relation to an applicant, means the occupation nominated by the nomination identified in the application.
482.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 482 visa include criteria set out in streams.
An applicant must satisfy the criteria in Subdivision 482.21 and also in one of Subdivisions 482.22 to 482.24.
The primary criteria must be satisfied by the applicant for a visa in a stream.
The other members of the applicant’s family unit who are applicants for a visa of this subclass must satisfy the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
482.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 482 visa.
482.211
If the applicant is in Australia, 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.
482.212
(1) Each of the following applies:
(a) the nomination identified in the application has been approved under section 140GB of the Act;
(b) the person who made the nomination was an approved work sponsor at the time the nomination was approved;
(c) the approval of the nomination has not ceased under regulation 2.75.
(2) Both of the following apply:
(a) the applicant’s intention to perform the nominated occupation is genuine;
(b) the position associated with the nominated occupation is genuine.
482.213
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
482.214
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
482.215
If the nominated occupation is a medical practitioner, the applicant’s qualifications are recognised by the relevant authority in Australia for the registration of medical practitioners as entitling the applicant to practise as a medical practitioner.
482.216
Either:
(a) there is no adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person.
482.217
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4007, 4010, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
482.218
The applicant satisfies special return criteria 5001, 5002 and 5010.
482.22—Criteria for Specialist Skills stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Specialist Skills stream.
482.221
(1) The Minister is satisfied that:
(a) the applicant has carried out (whether on a full‑time, part‑time or casual basis) a period or periods of work in the nominated occupation or a related field; and
(b) the total period of work carried out is, or is equivalent to, at least 12 months full‑time work; and
(c) the period or periods of work were carried out during the period of 5 years ending immediately before the day the application was made.
(2) The applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.
(3) If the Minister requires the applicant to demonstrate that the applicant has the skills that are necessary to perform the tasks of the nominated occupation, the applicant demonstrates that the applicant has those skills in the manner specified by the Minister.
482.222
(1) The applicant satisfies any language test requirements specified for the applicant by the Minister in a legislative instrument made for the purposes of this subclause.
(2) If the Minister requires the applicant to demonstrate the applicant’s English language proficiency, the applicant demonstrates their English language proficiency in the manner specified by the Minister.
482.223
Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13):
(a) the applicant is employed to work in the nominated occupation; and
(b) the applicant is employed to work in a position in:
(i) if the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—the person’s business; or
(ii) if the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—the person’s business or a business of an associated entity of the person.
482.23—Criteria for Core Skills stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Core Skills stream.
482.231
(1) The Minister is satisfied that:
(a) the applicant has carried out (whether on a full‑time, part‑time or casual basis) a period or periods of work in the nominated occupation or a related field; and
(b) the total period of work carried out is, or is equivalent to, at least 12 months full‑time work; and
(c) the period or periods of work were carried out during the period of 5 years ending immediately before the day the application was made.
(2) The applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.
(3) If the Minister requires the applicant to demonstrate that the applicant has the skills that are necessary to perform the tasks of the nominated occupation, the applicant demonstrates that the applicant has those skills in the manner specified by the Minister.
482.232
(1) The applicant satisfies any language test requirements specified for the applicant by the Minister in a legislative instrument made for the purposes of this subclause.
(2) If the Minister requires the applicant to demonstrate the applicant’s English language proficiency, the applicant demonstrates their English language proficiency in the manner specified by the Minister.
482.233
Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13):
(a) the applicant is employed to work in the nominated occupation; and
(b) the applicant is employed to work in a position in:
(i) if the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—the person’s business; or
(ii) if the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—the person’s business or a business of an associated entity of the person.
482.24—Criteria for Labour Agreement stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Labour Agreement stream.
482.241
Both:
(a) the nominated occupation is the subject of a work agreement between the Minister and the person who nominated the nominated occupation; and
(b) the work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 482 visa.
482.242
Either:
(a) all of the following apply:
(i) the applicant has carried out (whether on a full‑time, part‑time or casual basis) a period or periods of work in the nominated occupation or a related field;
(ii) the total period of work carried out is, or is equivalent to, at least 12 months full‑time work;
(iii) the period or periods of work were carried out during the period of 5 years ending immediately before the day the application was made; or
(b) the applicant has worked in the nominated occupation or a related field for the period (if any) specified by the Minister in the work agreement mentioned in clause 482.241:
(i) for the nominated occupation; and
(ii) for the visa.
482.242A
(1) The applicant has the skills, qualifications and employment background (if any) specified by the Minister in the work agreement mentioned in clause 482.241:
(a) for the nominated occupation; and
(b) for the visa.
(2) The applicant demonstrates that they have the skills that are necessary to perform the tasks of the nominated occupation in the manner (if any) specified by the Minister in the work agreement mentioned in clause 482.241:
(a) for the nominated occupation; and
(b) for the visa.
(3) If a manner specified in the work agreement for the purposes of subclause (2) is that the applicant’s skills must be assessed as suitable for the nominated occupation, all of the following apply:
(a) the applicant’s skills have been assessed as suitable for the nominated occupation by:
(i) if there is a relevant assessing authority for the occupation—the relevant assessing authority for the occupation; or
(ii) otherwise—the person or body specified by the Minister in the work agreement for the occupation;
(b) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period has not ended;
(c) if paragraph (b) does not apply—not more than 3 years have passed since the date of the assessment.
482.243
(1) The applicant satisfies any language test requirements (if any) specified by the Minister in the work agreement mentioned in clause 482.241:
(a) for the nominated occupation; and
(b) the visa.
(2) The applicant demonstrates their English language proficiency in the manner (if any) specified by the Minister in the work agreement mentioned in clause 482.241:
(a) for the nominated occupation; and
(b) for the visa.
482.3—Secondary criteria
482.311
If the applicant is in Australia, 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.
482.312
(1) The applicant is a member of the family unit of a person (the primary applicant) who, having satisfied the primary criteria, is the holder of a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa.
(2) If the applicant is a member of the family unit of the primary applicant in the circumstances described in subregulation 1.12(5), the applicant:
(a) is a spouse or de facto partner of the primary applicant; or
(b) is a child or step‑child of the primary applicant or of a spouse or de facto partner of the primary applicant (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and: