(a) lived only in a regional centre or other regional area while undertaking the study mentioned in paragraph (1)(b); and
(b) lived only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the second visa; and
(c) if the applicant also worked or studied—worked or studied only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the second visa.
(3) At the time of the decision on the application for the second visa:
(a) the applicant lives only in a regional centre or other regional area; and
(b) if the applicant also works or studies at that time—the applicant works or studies only in a regional centre or other regional area.
485.233
(1) This clause applies to an applicant for a visa (the second visa):
(a) who held a Subclass 485 (Temporary Graduate) visa (the first visa) in the Post‑Study Work stream or the Post‑Higher Education Work stream when the application for the second visa was made; and
(b) who was granted the first visa on the basis of study undertaken in a designated regional area at an educational institution located in the designated regional area; and
(c) to whom clause 485.232 does not apply.
(2) The applicant must have:
(a) lived only in a designated regional area while undertaking the study mentioned in paragraph (1)(b); and
(b) lived only in a designated regional area for a period of at least 2 years immediately before applying for the second visa; and
(c) if the applicant also worked or studied—worked or studied only in a designated regional area for a period of at least 2 years immediately before applying for the second visa.
(3) At the time of the decision on the application for the second visa:
(a) the applicant lives only in a designated regional area; and
(b) if the applicant also works or studies at that time—the applicant works or studies only in a designated regional area.
(4) The applicant declared in the application for the second visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:
(a) to live only in a designated regional area; and
(b) if the applicant or the family member also works or studies (or proposes to work or study)—to work or study only in a designated regional area.
485.234
(1) This clause applies to an applicant for a visa (the subsequent visa):
(a) who previously held a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream that was granted on the basis of study undertaken in a regional centre or other regional area at an educational institution located in the regional centre or other regional area; and
(b) who held, at the time the application for the subsequent visa was made:
(i) a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream granted on the basis of an application to which subparagraph 1229(2)(a)(ia) of Schedule 1 applied; or
(ii) a Subclass 485 (Temporary Graduate) visa in the Replacement stream; and
(c) who declared in the application for the subsequent visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:
(i) to live only in a regional centre or other regional area; and
(ii) if the applicant or the family member also intends to work or study—to work or study only in a regional centre or other regional area.
(2) The applicant must have:
(a) lived only in a regional centre or other regional area while undertaking the study mentioned in paragraph (1)(a); and
(b) lived only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the subsequent visa; and
(c) if the applicant also worked or studied—worked or studied only in a regional centre or other regional area for a period of at least 2 years immediately before applying for the subsequent visa.
(3) At the time of the decision on the application for the subsequent visa:
(a) the applicant lives only in a regional centre or other regional area; and
(b) if the applicant also works or studies at that time—the applicant works or studies only in a regional centre or other regional area.
485.235
(1) This clause applies to an applicant for a visa (the subsequent visa):
(a) who previously held a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream that was granted on the basis of study undertaken in a designated regional area at an educational institution located in the designated regional area; and
(b) who held, at the time the application for the subsequent visa was made:
(i) a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream granted on the basis of an application to which subparagraph 1229(2)(a)(ia) of Schedule 1 applied; or
(ii) a Subclass 485 (Temporary Graduate) visa in the Replacement stream; and
(c) to whom clause 485.234 does not apply.
(2) The applicant must have:
(a) lived only in a designated regional area while undertaking the study mentioned in paragraph (1)(a); and
(b) lived only in a designated regional area for a period of at least 2 years immediately before applying for the subsequent visa; and
(c) if the applicant also worked or studied—worked or studied only in a designated regional area for a period of at least 2 years immediately before applying for the subsequent visa.
(3) At the time of the decision on the application for the subsequent visa:
(a) the applicant lives only in a designated regional area; and
(b) if the applicant also works or studies at that time—the applicant works or studies only in a designated regional area.
(4) The applicant declared in the application for the subsequent visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:
(a) to live only in a designated regional area; and
(b) if the applicant or the family member also works or studies (or proposes to work or study)—to work or study only in a designated regional area.
485.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
485.31—Criteria
485.311
The applicant:
(a) is a member of the family unit of a person who holds a Subclass 485 visa granted on the basis of satisfying the primary criteria for the grant of the visa, and made a combined application with that person; or
(b) is a member of the family unit of a person who holds a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 485 visa.
485.312
(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements for health insurance.
(2) The applicant has had adequate arrangements for health insurance since the time the application was made.
485.313
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
485.314
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
485.4—Circumstances applicable to grant
485.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
485.5—When visa is in effect
485.513
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
485.6—Conditions
485.611
Condition 8501 must be imposed.
485.612
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) condition 8515 may be imposed.
485.613
(1) If the applicant is granted a subsequent Subclass 485 (Temporary Graduate) visa in the Post‑Higher Education Work stream on the basis of meeting the requirements in clause 485.232, 485.233, 485.234 or 485.235, condition 8610 must be imposed.
(2) If the applicant is granted a Subclass 485 (Temporary Graduate) visa on the basis of satisfying the secondary criteria in relation to a primary applicant mentioned in subclause (1), condition 8610 must be imposed.
Subclass 489—Skilled—Regional (Provisional)
489.1—Interpretation
Note 1: For designated area, registered course, relevant assessing authority and skilled occupation: see regulation 1.03.
Note 2: Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.
Note 3: There are no interpretation provisions specific to this Part.
489.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 489 visa include criteria set out in streams.
If an applicant applies for a Subclass 489 visa in the First Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 489 visa in the Second Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.23 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds one of the following visas on the basis of satisfying the primary criteria:
a Skilled—Independent Regional (Class UX) visa;
a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
a Subclass 475 (Skilled—Regional Sponsored) visa;
a Subclass 487 (Skilled—Regional Sponsored) visa.
The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
489.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 489 visa.
489.211
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(4) Each member of the family unit of the primary applicant who:
(a) is an applicant for a Subclass 489 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the primary applicant who:
(a) is an applicant for a Subclass 489 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the primary applicant who is not an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.
489.212
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies special return criteria 5001, 5002 and 5010.
489.22—Criteria for First Provisional Visa stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the First Provisional Visa stream.
489.221
The applicant was invited, in writing, by the Minister to apply for the visa.
489.222
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and
(c) 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 had not ended; and
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
(2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
489.223
At the time of invitation to apply for the visa, the applicant had competent English.
489.224
(1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.
(2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.
Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.
The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6D of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act.
489.225
(1) The requirements in subclause (2) or (3) are met.
(2) The nominating State or Territory government agency has not withdrawn the nomination.
(3) The Minister has accepted the sponsorship of the applicant by a person in the following circumstances:
(a) the person has turned 18; and
(b) the person is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
(c) the person is usually resident in a designated area of Australia;
(d) the person 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 a Subclass 489 visa), as:
(i) a parent; or
(ii) a child or step‑child; or
(iii) a brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or
(iv) an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle;
(v) a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or
(vi) a grandparent; or
(vii) a first cousin;
(e) each member of the family unit of the applicant who is an applicant for a Subclass 489 visa is sponsored by that person.
489.226
(1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
489.23—Criteria for Second Provisional Visa stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the Second Provisional Visa stream.
489.231
(1) If the applicant has previously held one of the following visas:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa;
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
(c) a Subclass 475 (Skilled—Regional Sponsored) visa;
(d) a Subclass 487 (Skilled—Regional Sponsored) visa;
the applicant has substantially complied with the conditions to which the visa was subject.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa, and who has previously held a visa mentioned in subclause (1), has substantially complied with the conditions to which the visa mentioned in subclause (1) was subject.
489.232
(1) The applicant satisfies public interest criterion 4007.
(2) Each person who is a member of the family unit of the applicant, and is an applicant for a Subclass 489 visa, satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
489.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who:
(a) satisfies the primary criteria; or
(b) holds one of the following visas on the basis of satisfying the primary criteria:
a Skilled—Independent Regional (Provisional) (Class UX) visa;
a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
a Subclass 475 (Skilled—Regional Sponsored) visa;
a Subclass 487 (Skilled—Regional Sponsored) visa.
All criteria must be satisfied at the time a decision is made on the application.
489.31—Criteria
489.311
The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria:
(a) a Skilled—Independent Regional (Provisional) (Class UX) visa;
(b) a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
(c) a Subclass 475 (Skilled—Regional Sponsored) visa;
(d) a Subclass 487 (Skilled—Regional Sponsored) visa;
(e) a Subclass 489 (Skilled—Regional (Provisional)) visa.
489.312
If the applicant previously held:
(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;
the applicant has substantially complied with the conditions of that visa.