Part 3—Requirements for public interest criterion 4019
3.1 Values statement
Statement
(1) For public interest criterion 4019, the Minister must, by instrument in writing, approve one or more values statements for the subclasses of visas specified in the instrument.
(2) A values statement must include provisions relating to:
(a) values that are important to Australian society; and
(b) matters concerning Australian citizenship (if relevant); and
(c) compliance with the laws of Australia.
(3) A values statement may include other provisions.
Signing values statement—Internet application
(4) For public interest criterion 4019, a values statement is taken to have been signed by an applicant who makes an Internet application if the instructions for signing the values statement are followed.
Part 4—Requirements for public interest criterion 4022
4.1 Code of behaviour
For public interest criterion 4022, the Minister must, by instrument in writing, approve one or more written codes of behaviour for the subclasses of visas specified in the instrument.
Schedule 5—Special return criteria
(regulation 1.03)
5001 The applicant is not:
(a) a person who left Australia while the subject of a deportation order under:
(i) section 200 of the Act; or
(ii) section 55, 56 or 57 of the Act as in force on and after 19 December 1989 but before 1 September 1994; or
(iii) section 12, 13 or 14 of the Act as in force before 19 December 1989; or
(b) a person whose visa has been cancelled under section 501 of the Act, as in force before 1 June 1999, wholly or partly because the Minister, having regard to the person’s past criminal conduct, was satisfied that the person is not of good character; or
(c) a person whose visa has been cancelled under section 501, 501A or 501B of the Act, if:
(i) the cancellation has not been revoked under subsection 501C(4) or 501CA(4) of the Act; or
(ii) after cancelling the visa, the Minister has not, acting personally, granted a permanent visa to the person; or
(ca) a person who left Australia, and whose visa has been refused under section 501, 501A or 501B of the Act, if:
(i) the refusal has not been revoked under subsection 501C(4) of the Act; or
(ii) after refusing the visa, the Minister has not, acting personally, granted a permanent visa to the person;
whether or not the person was in Australia when the visa was refused; or
(d) a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation.
5002 If the applicant is a person who has been removed from Australia under section 198, 199 or 205 of the Act:
(a) the application is made more than 12 months after the removal; or
(b) the Minister is satisfied that, in the particular case:
(i) compelling circumstances that affect the interests of Australia; or
(ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;
justify the granting of the visa within 12 months after the removal.
5010 (1) If:
(a) the applicant is the holder of a Foreign Affairs student visa; or
(b) the applicant is the holder of a student visa granted to the applicant who is provided financial support by the government of a foreign country;
the applicant meets the requirements of subclause (3), (4) or (5).
(2) If:
(a) the applicant is not the holder of a Foreign Affairs student visa and has in the past held a Foreign Affairs student visa; or
(b) both:
(i) paragraph (a) does not apply to the applicant, and the applicant is not the holder of a substantive visa; and
(ii) the last substantive visa held by the applicant was a student visa granted to the applicant who was provided financial support by the government of a foreign country;
the applicant meets the requirements of subclause (3), (4) or (5).
(3) The applicant meets the requirements of this subclause if the course of study or training to which:
(a) the visa mentioned in paragraph (1)(a) or (b) relates; or
(b) if paragraph (2)(a) applies—the Foreign Affairs student visa most recently held by the applicant related; or
(c) if paragraph (2)(b) applies—the last substantive visa held by the applicant related;
(whether or not the applicant has ceased the course) is one designed to be undertaken over a period of less than 12 months.
(4) The applicant meets the requirements of this subclause if the applicant:
(a) has ceased:
(i) the course of study or training to which:
(A) the visa mentioned in paragraph (1)(a) or (b) relates; or
(B) if paragraph (2)(a) applies—the Foreign Affairs student visa most recently held by the applicant related; or
(C) if paragraph (2)(b) applies—the last substantive visa held by the applicant related; or
(ii) another course approved by the AusAID Minister, the Foreign Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, in substitution for that course; and
(b) has spent at least 2 years outside Australia since ceasing the course.
(5) The applicant meets the requirements of this subclause if:
(a) the applicant has the support of the Foreign Minister or the government of the foreign country that provided financial support to the applicant, as the case requires, for the grant of the visa; or
(b) the Minister is satisfied that, in the particular case, waiving the requirement of paragraph (a) is justified by:
(i) compelling circumstances that affect the interests of Australia; or
(ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.
(6) In this clause:
cease has the same meaning as in regulation 1.04A.
Foreign Affairs student visa has the same meaning as in regulation 1.04A.
Schedule 6D—General points test for General Skilled Migration visas mentioned in subregulation 2.26AC(1)
(regulation 2.26AC)
Part 6D.1—Age qualifications
Item
At the time of invitation to apply for the visa, the applicant’s age was ...
Number of points
6D11
not less than 18 and under 25
25
6D12
not less than 25 and under 33
30
6D13
not less than 33 and under 40
25
6D14
not less than 40 and under 45
15
Part 6D.2—English language qualifications
Item
At the time of invitation to apply for the visa, the applicant had ...
Number of points
6D21
superior English
20
6D22
proficient English
10
Part 6D.3—Overseas employment experience qualifications
Item
At the time of invitation to apply for the visa, the applicant ...
Number of points
6D31
had been employed outside Australia in:<br>(a) the applicant’s nominated skilled occupation; or<br>(b) a closely related skilled occupation;<br>for a period totalling at least 36 months in the 10 years immediately before that time
5
6D32
had been employed outside Australia in:<br>(a) the applicant’s nominated skilled occupation; or<br>(b) a closely related skilled occupation;<br>for a period totalling at least 60 months in the 10 years immediately before that time
10
6D33
had been employed outside Australia in:<br>(a) the applicant’s nominated skilled occupation; or<br>(b) a closely related skilled occupation;<br>for a period totalling at least 96 months in the 10 years immediately before that time
15
Part 6D.4—Australian employment experience qualifications
Item
At the time of invitation to apply for the visa, the applicant ...
Number of points
6D41
had been employed in Australia in:<br>(a) the applicant’s nominated skilled occupation; or<br>(b) a closely related skilled occupation;<br>for a period totalling at least 12 months in the 10 years immediately before that time
5
6D42
had been employed in Australia in:<br>(a) the applicant’s nominated skilled occupation; or<br>(b) a closely related skilled occupation;<br>for a period totalling at least 36 months in the 10 years immediately before that time
10
6D43
had been employed in Australia in:<br>(a) the applicant’s nominated skilled occupation; or<br>(b) a closely related skilled occupation;<br>for a period totalling at least 60 months in the 10 years immediately before that time
15
6D44
had been employed in Australia in:<br>(a) the applicant’s nominated skilled occupation; or<br>(b) a closely related skilled occupation;<br>for a period totalling at least 96 months in the 10 years immediately before that time
20
Part 6D.5—Aggregating points for employment experience qualifications
6D51 (1) If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:
(a) the Minister must give the applicant 20 points under this Part for the qualifications; and
(b) no points are given under Part 6D.3 or 6D.4.
(2) The prescribed number of points for the combination of qualifications is 20.
Part 6D.6—Australian professional year qualifications
Item
At the time of invitation to apply for the visa, the applicant had completed ...
Number of points
6D61
a professional year in Australia in:<br>(a) the applicant’s nominated skilled occupation; or<br>(b) a closely related skilled occupation;<br>for a period totalling at least 12 months in the 48 months immediately before that time
5
Part 6D.7—Educational qualifications
Item
At the time of invitation to apply for the visa, the applicant had ...
Number of points
6D71
met the requirements for:<br>(a) the award of a doctorate by an Australian educational institution; or<br>(b) the award of a doctorate, by another educational institution, that is of a recognised standard
20
6D72
met the requirements for:<br>(a) the award of at least a bachelor degree by an Australian educational institution; or<br>(b) the award of at least a bachelor qualification, by another educational institution, that is of a recognised standard
15
6D73
met the requirements for the award of a diploma by an Australian educational institution
10
6D74
met the requirements for the award of a trade qualification by an Australian educational institution
10
6D75
attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation
10
Part 6D.7A—Specialist educational qualifications
Item
At the time of invitation to apply for the visa …
Number of points
6D7A1
the applicant met the requirements for the award of a specialist educational qualification
10
Part 6D.8—Australian study qualifications
Item
At the time of invitation to apply for the visa ...
Number of points
6D81
the applicant met the Australian study requirement
5
Part 6D.9—Credentialled community language qualifications
Item
At the time of invitation to apply for the visa, the applicant had ...
Number of points
6D91
a qualification in a particular language:<br>(a) awarded or accredited by a body specified by the Minister in an instrument in writing for this item; and<br>(b) at a standard for the language specified in the instrument
5
Part 6D.10—Study in designated regional area qualification
Item
At the time of invitation to apply for the visa ...
Number of points
6D101
each of the following applied:<br>(a) the applicant met the Australian study requirement;<br>(b) the location of the campus or campuses at which that study was undertaken is in a designated regional area;<br>(c) while the applicant undertook the course of study the applicant lived in a designated regional area;<br>(d) none of the study undertaken constituted distance education
5
Part 6D.11—Partner qualifications
Item
Qualification
Number of points
6D111
The spouse or de facto partner of the applicant (the primary applicant):<br>(a) is an applicant for the same subclass of visa as the primary applicant; and<br>(b) is not an Australian permanent resident or an Australian citizen; and<br>(c) was under 45 at the time the invitation to apply for the visa was issued to the primary applicant; and<br>(d) at the time of invitation to apply for the visa, nominated a skilled occupation, being an occupation specified by the Minister under paragraph 1.15I(1)(a) at that time; and<br>(e) at the time of invitation to apply for the visa, had been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for the occupation and the assessment was not for a Subclass 485 (Temporary Graduate) visa; and<br>(f) at the time of invitation to apply for the visa, had competent English
10
6D112
Either:<br>(a) the applicant does not have a spouse or de facto partner; or<br>(b) the applicant has a spouse or de facto partner who is an Australian permanent resident or an Australian citizen
10
6D113
The spouse or de facto partner of the applicant (the primary applicant):<br>(a) is an applicant for the same subclass of visa as the primary applicant; and<br>(b) is not an Australian permanent resident or an Australian citizen; and<br>(c) at the time of invitation to apply for the visa, had competent English
5
Part 6D.12—State or Territory nomination qualifications
Item
Qualification
Number of points
6D121
The applicant has been invited to apply for a Subclass 190 (Skilled—Nominated) visa, and the nominating State or Territory government agency has not withdrawn the nomination
5
Part 6D.13—Designated regional area nomination or sponsorship qualifications
Item
Qualification
Number of points
6D131
The applicant has been invited to apply for a Subclass 489 (Skilled—Regional) (Provisional) visa or a Subclass 491 (Skilled Work Regional (Provisional)) visa, and:<br>(a) the nominating State or Territory government agency has not withdrawn the nomination; or<br>(b) if the applicant is sponsored by a family member, the Minister has accepted the sponsorship
15
Schedule 7A—Business innovation and investment points test—attributes and points (Business Skills (Provisional) (Class EB) visas)
(regulation 1.03)
Part 7A.1—Definitions
In this Schedule:
degree has the meaning given by subregulation 2.26AC(6).
diploma has the meaning given by subregulation 2.26AC(6).
trade qualification has the meaning given by subregulation 2.26AC(6).
Part 7A.2—Age qualifications
Item At the time of invitation to apply for the visa, the applicant was ... Number of points
7A21 not less than 18 and under 25 20
7A22 not less than 25 and under 33 30
7A23 not less than 33 and under 40 25
7A24 not less than 40 and under 45 20
7A25 not less than 45 and under 55 15
Part 7A.3—English language qualifications
Item At the time of invitation to apply for the visa, the applicant had ... Number of points
7A31 vocational English 5
7A32 proficient English 10
Note: Points are accumulated under item 7A31 or 7A32, not both.