(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) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 489 visa in the Second Provisional Visa stream, the applicant satisfies public interest criterion 4007.
(5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.
489.314
The applicant satisfies special return criteria 5001, 5002 and 5010.
489.4—Circumstances applicable to grant
489.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
489.5—When visa is in effect
489.511
(1) If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the First Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years from the date of grant.
(2) However, if:
(a) disregarding this subclause, the visa is in effect on any day between 1 February 2020 and 14 December 2021; and
(b) the holder of the visa is outside Australia on that day;
the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 7 years from the date of grant.
489.512
(1) If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years after the date (the starting date) of grant of the provisional visa the applicant held at the time of application.
(2) However, if:
(a) disregarding this subclause, the visa is in effect on any day between 1 February 2020 and 14 December 2021; and
(b) the holder of the visa is outside Australia on that day;
the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 7 years after the starting date.
489.513
If the applicant is a member of the family unit of a person who holds a Subclass 489 visa in the First Provisional Visa stream or the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria.
489.514
If the applicant is a member of the family unit of a person 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;
temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria for the grant of the visa mentioned in paragraph (a), (b), (c) or (d).
489.6—Conditions
489.611
If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government agency, condition 8539 must be imposed.
489.612
If the applicant who satisfied the primary criteria for the grant of the visa was sponsored by a person, condition 8549 must be imposed.
489.613
(1) If condition 8539 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8539 must be imposed.
(2) If:
(a) an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and
(b) the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8539 has been imposed;
condition 8539 must be imposed.
489.614
(1) If condition 8549 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8549 must be imposed.
(2) If:
(a) an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and
(b) the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8549 has been imposed;
condition 8549 must be imposed.
489.615
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before a date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
Subclass 491—Skilled Work Regional (Provisional)
491.1—Interpretation
Note 1: For competent English, designated regional area, registered course, relevant assessing authority and skilled occupation, see regulation 1.03.
Note 2: There are no interpretation provisions specific to this Part.
491.2—Primary criteria
Note 1: The primary criteria for the grant of a Subclass 491 visa must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
491.211
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 16 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 491 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 491 visa; and
(b) had turned 16 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 491 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 491 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4005, unless it would be unreasonable to require the person to undergo assessment in relation to that criterion.
491.212
(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 491 visa satisfies special return criteria 5001, 5002 and 5010.
491.213
The applicant was invited, in writing, by the Minister to apply for the visa.
491.214
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority for the applicant’s nominated skilled occupation had assessed the applicant’s skills as suitable for that 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.
491.215
At the time of invitation to apply for the visa, the applicant had competent English.
491.216
(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 of Part 2, 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.
491.217
(1) If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn.
(2) If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in the following circumstances:
(a) the sponsor has turned 18;
(b) the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
(c) the sponsor is usually resident in a designated regional area;
(d) 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 also an applicant for a Subclass 491 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; or
(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 also an applicant for a Subclass 491 visa is sponsored by the sponsor.
491.3—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.
491.311
The applicant is a member of the family unit of a person who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of the visa.
491.312
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 16 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.
491.313
The applicant satisfies special return criteria 5001, 5002 and 5010.
491.4—Circumstances applicable to grant
491.411
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
491.5—When visa is in effect
491.511
(1) If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant.
(2) However, if:
(a) the visa is in effect on any day between 1 February 2020 and 14 December 2021; and
(b) the holder of the visa is outside Australia on that day; and
(c) disregarding this subclause, the visa is in effect on 18 February 2022;
the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 8 years from the date of grant.
491.512
(1) If:
(a) the applicant satisfies the secondary criteria for the grant of the visa (the secondary visa); and
(b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of that visa;
temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder’s visa.
(2) However, if:
(a) the primary visa holder’s visa is in effect on any day between 1 February 2020 and 14 December 2021; and
(b) the primary visa holder is outside Australia on that day; and
(c) the primary visa holder’s visa is in effect on 18 February 2022; and
(d) the secondary visa:
(i) is granted before 18 February 2022 and, disregarding this subclause, is in effect on 18 February 2022; or
(ii) is granted on or after 18 February 2022;
the secondary visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 8 years from the date of grant of the primary visa holder’s visa.
491.6—Conditions
491.611
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
491.612
Conditions 8578, 8579, 8580 and 8581 must be imposed.
nominated occupation, in relation to an applicant, means the occupation nominated by the nomination identified in the application.
Note: For relevant assessing authority: see regulation 1.03.
494.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 494 visa include criteria set out in streams.
If an applicant applies for a Subclass 494 visa in the Employer Sponsored stream, the criteria in Subdivisions 494.21 and 494.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 494 visa in the Labour Agreement stream, the criteria in Subdivisions 494.21 and 494.23 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit. 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.
494.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 494 visa.
494.211
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.
(2) If the applicant had turned 16 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 494 visa satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 494 visa; and
(b) had turned 16 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 494 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.
494.212
(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 494 visa satisfies special return criteria 5001, 5002 and 5010.
494.213
(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 2.75B.
(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.
494.214
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.
494.215
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.
494.22—Criteria for Employer Sponsored stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 494 visa in the Employer Sponsored stream.
494.221
(1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criterion 4007, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
494.222
Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), both of the following apply:
(a) the applicant is employed to work in the nominated occupation;
(b) the applicant is employed to work in a position in:
(i) the person’s business; or
(ii) a business of an associated entity of the person.
494.223
(1) At the time of application:
(a) the applicant had not turned 45; or
(b) circumstances specified by the Minister under subclause (2) existed.