Schedule 1 Amendments relating to general skilled migration visas — commencing on 1 September 2007

(regulation 3)

Part 1 General amendments of the Migration Regulations 1994

[1] Regulation 1.03, before definition of ACCESS test

insert

2 year study requirement has the meaning given by regulation 1.15F.

[2] Regulation 1.03, after definition of competent authority

insert

competent English has the meaning given by regulation 1.15C.

concessional competent English has the meaning given by regulation 1.15E.

[3] Regulation 1.03, after definition of eligible New Zealand citizen

insert

eligible student visa means a student visa other than:

(a) a Subclass 560 (Student) visa granted to:

(i) the applicant as a person who satisfied the primary criteria for that visa (the primary person) in relation to undertaking:

(A) a registered English language course or an ELICOS; or

(B) a course of study:

(I) paid for wholly or in part by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency; and

(II) for which a condition of payment by that body for the course is that the student will leave Australia on the completion of the course; or

(I) approved by the AusAID Minister or the Defence Minister; and

(II) for which it is a condition of that scheme or program that the student will leave Australia on the completion of the course; or

(D) a non‑award course; or

(ii) the applicant as a member of the family unit of the primary person; or

(b) a Subclass 562 (Iranian Postgraduate Student), 563 (Iranian Postgraduate Student Dependent), 572 (Vocational Education and Training Sector), 573 (Higher Education Sector) or 574 (Postgraduate Research Sector) visa granted to:

(i) the applicant as a person who satisfied the primary criteria for the visa (the primary person) in relation to undertaking a course mentioned in sub‑subparagraph (a) (i) (B) or (C); or

(ii) the applicant as a member of the family unit of the primary person; or

(d) a Subclass 571 (Schools Sector) visa; or

(e) a Subclass 575 (Non‑Award Sector) visa; or

(f) a Subclass 576 (AusAID or Defence Sector) visa.

[4] Regulation 1.03, after definition of Gazette Notice

insert

General Skilled Migration visa means a Subclass 175, 176, 475, 476, 485, 487, 885, 886 or 887 visa, granted at any time.

[5] Regulation 1.03, after definition of prescribed form

insert

proficient English has the meaning given by regulation 1.15D.

[6] Regulation 1.03, definition of skilled occupation

substitute

skilled occupation means an occupation that is specified by the Minister in an instrument in writing for this definition as a skilled occupation for which a number of points specified in that instrument are available.

[7] Paragraph 1.09A (2) (d)

omit

, or Partner (Temporary) (Class UK) visa

insert

, Partner (Temporary) (Class UK) visa or a General Skilled Migration visa

[8] After subregulation 1.12 (8)

insert

(9) In addition to subregulation (1), a person is a member of the family unit of:

(a) an applicant for an Employer Nomination (Residence) (Class BW) visa who seeks to satisfy the primary criteria for the grant of a Subclass 857 (Regional Sponsored Migration Scheme) visa; or

(b) an applicant for a Skilled (Residence) (Class VB) visa who seeks to satisfy the primary criteria for the grant of a Subclass 887 (Skilled — Regional) visa; or

(c) an applicant for a Skilled (Provisional) (Class VC) visa who seeks to satisfy the primary criteria for the grant of a Subclass 487 (Skilled — Regional Sponsored) visa;

if, at the time of application:

(d) the person is the holder of:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa or a Skilled (Provisional) (Class VC) visa; or

(iii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

(iv) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(v) a Subclass 487 (Skilled — Regional Sponsored) visa; and

(e) the visa mentioned in paragraph (d) was granted on the basis that the person was a member of the family unit of the visa holder who satisfied the primary criteria and the person is included in the application for:

(i) a Skilled (Residence) (Class VB) visa; or

(ii) a Skilled (Provisional) (Class VC) visa; or

(iii) an Employer Nomination (Residence) (Class BW) visa.

[9] Paragraph 1.15A (2) (d)

omit

, or a Partner (Temporary) (Class UK) visa

insert

, a Partner (Temporary) (Class UK) visa, or a General Skilled Migration visa

[10] Subregulation 1.15B (1)

omit

subregulations (2), (3) and (4)

insert

subregulations (2), (3), (4) and (5)

[11] Subregulation 1.15B (3)

after

a visa

insert

(other than a General Skilled Migration visa)

[12] Subregulation 1.15B (4)

after

a visa

insert

(other than a General Skilled Migration visa)

[13] After subregulation 1.15B (4)

insert

(5) If a person applies for a General Skilled Migration visa, the person has vocational English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:

(a) an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening; or

(b) a score:

(i) specified by the Minister in an instrument in writing for this subparagraph; and

(ii) in a language test specified by the Minister in the instrument.

[14] After regulation 1.15B

insert in Division 1.2

1.15C Competent English

If a person applies for a General Skilled Migration visa, the person has competent English if the person satisfies the Minister that the person:

(a) has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:

(i) an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening; or

(ii) a score:

(A) specified by the Minister in an instrument in writing for this sub‑subparagraph; and

(B) in a language test specified by the Minister in the instrument; or

(b) holds a passport of a type specified by the Minister in an instrument in writing for this paragraph.

1.15D Proficient English

If a person applies for a General Skilled Migration visa, the person has proficient English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:

(a) an IELTS test score of at least 7 for each of the 4 test components of speaking, reading, writing and listening; or

(b) a score:

(i) specified by the Minister in an instrument in writing for this subparagraph; and

(ii) in a language test specified by the Minister in the instrument.

1.15E Concessional competent English

If a person applies for a General Skilled Migration visa, the person has concessional competent English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:

(a) an IELTS test average band score of at least 5.5 for the 4 test components of speaking, reading, writing and listening; or

(b) a score:

(i) specified by the Minister in an instrument in writing for this subparagraph; and

(ii) in a language test specified by the Minister in the instrument.

1.15F 2 year study requirement

(1) A person satisfies the 2 year study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

(a) that are registered courses; and

(b) that were completed in a total of at least 16 calendar months; and

(d) for which all instruction was conducted in English; and

(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.

(2) In subregulation (1), degree, diploma and trade qualification have the meanings given in subregulation 2.26A (6).

[15] After subregulation 2.05 (5)

insert

(5A) For subsection 41 (2A) of the Act, further circumstances in which the Minister may waive condition 8534 in relation to a visa are that the holder of the visa:

(a) has completed the course for which the visa was granted; and

(b) has a genuine intention to apply for a General Skilled Migration visa.

[16] Regulation 2.07AG

substitute

2.07AG Applications for certain substantive visas by persons for whom condition 8534 has been waived under subregulation 2.05 (5) or (5A)

For section 46 of the Act, an application for a substantive visa by a person for whom condition 8534 has been waived under subregulation 2.05 (5) or (5A) is a valid application only if the application is for a Class VB or Class VC visa.

[17] Regulation 2.08A, heading

substitute

2.08A Addition of certain applicants to certain applications for permanent visas

[18] Paragraphs 2.08A (1) (b) and (c)

substitute

(b) after the application is made, but before it is decided, the Minister receives, in writing and in accordance with Division 2.3, a request from the original applicant to have:

(i) the spouse; or

(ii) a dependent child; or

(iii) the interdependent partner; or

(iv) a dependent child of the interdependent partner;

of the original applicant (the additional applicant) added to the original applicant’s application; and

(i) the spouse; or

(ii) a dependent child; or

(iii) the interdependent partner; or

(iv) a dependent child of the interdependent partner;

as the case requires, of the original applicant; and

[19] Paragraph 2.08A (2A) (e)

omit

the application.

insert

the application; or

[20] After paragraph 2.08A (2A) (e)

insert

(f) a Skilled (Residence) (Class VB) visa.

[21] Regulation 2.08B, heading

substitute

2.08B Addition of certain dependent children to certain applications for temporary visas

[22] Subparagraph 2.08B (1) (a) (ix)

omit

visa; and

insert

visa; or

[23] After subparagraph 2.08B (1) (a) (ix)

insert

(x) a Skilled (Provisional) (Class VC) visa; or

(xi) a Skilled (Provisional) (Class VF) visa; or

(xii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; and

[24] Paragraph 2.08B (1) (b)

substitute

(b) the Minister receives, in writing in accordance with Division 2.3, a request from the original applicant to have:

(i) a dependent child; or

(ii) the dependent child of the interdependent partner;

of the original applicant (the dependent child) added to the original applicant’s application; and

[25] Paragraph 2.08B (1) (c)

substitute

(i) the dependent child; or

(ii) the dependent child of the interdependent partner of the original applicant;

as the case requires, of the original applicant; and

[26] After regulation 2.26A

insert

2.26AA Prescribed qualifications and number of points for General Skilled Migration visas

(1) This regulation applies to an applicant for a General Skilled Migration visa.

(2) For subsection 93 (1) of the Act (which deals with determination of an applicant’s points score) each qualification in column 2 of an item in Parts 6B.1 to 6B.12 of Schedule 6B is prescribed as a qualification in relation to the grant, to the applicant, of any of the following visas:

(a) a Subclass 175 (Skilled — Independent) visa;

(b) a Subclass 176 (Skilled — Sponsored) visa;

(d) a Subclass 487 (Skilled — Regional Sponsored) visa;

(e) a Subclass 885 (Skilled — Independent) visa;

(f) a Subclass 886 (Skilled — Sponsored) visa.

(3) The number of points prescribed for a qualification specified in column 2 of an item of Schedule 6B is specified in column 3 of the item.

(4) For subsection 93 (1) of the Act, the Minister:

(a) must not give the applicant a prescribed number of points for more than 1 prescribed qualification in each Part of Schedule 6B; and

(b) must give the applicant (if the applicant’s circumstances satisfy more than 1 prescribed qualification) the prescribed number of points that is the highest for any such prescribed qualification; and

(i) in the case of item 6B12 — the applicant is assessed by the relevant assessing authority as holding a degree that is equivalent to a degree of an Australian tertiary educational institution; and

(ii) in the case of item 6B13 — the applicant is assessed by the relevant assessing authority as holding a diploma or advanced diploma that is equivalent to a diploma or advanced diploma of an Australian educational institution.

(5) In working out the number of points to be given to an applicant for Part 6B.7 of Schedule 6B, the Minister must have regard to whichever of the following is more favourable to the applicant:

(a) the occupations that were specified as migration occupations in demand at the time the application was made;

(b) the occupations that are specified as migration occupations in demand at the time the assessment mentioned in subsection 93(1) of the Act is made.

(6) In Schedule 6B:

degree has the meaning given by subregulation 2.26A (6).

diploma has the meaning given by subregulation 2.26A (6).

employed has the meaning given by subregulation 2.26A (7).

professional year means a course specified by the Minister in an instrument in writing for this definition.

trade qualification has the meaning given by subregulation 2.26A (6).

[27] Regulation 2.27B

omit

[28] After regulation 2.27C

insert

2.27D Study in Australia

In determining whether an applicant satisfies a criterion for the grant of a General Skilled Migration visa that the applicant has studied in Australia for a certain period, a period of study cannot be counted unless the applicant:

(a) held:

(i) a substantive visa; or

(ii) a Subclass 010 (Bridging A) visa; or

(iii) a Subclass 020 (Bridging B) visa;

authorising him or her to study during that period; and

(b) complied with the conditions of that visa.

Part 2 General amendments of the Migration Regulations 1994

[29] Subparagraph 1114 (2) (a) (ii)

substitute

(ii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Migrant) (Class VE) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled — Independent) or a Subclass 176 (Skilled — Sponsored) visa has not been made: Nil

(iii) In any other case: $1 390.

[30] Subparagraphs 1114A (2) (a) (ii) and (iii)

substitute

(ii) In the case of an applicant who is the holder of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Residence) (Class VB) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 885 (Skilled — Independent) visa or a Subclass 886 (Skilled — Sponsored) visa has not been made: Nil

(iv) In the case of an applicant:

(A) who has made a valid application for a Skilled (Migrant) (Class VE) visa while being the holder of a Subclass 444 (Special Category) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled — Independent) visa or a Subclass 176 (Skilled — Sponsored) visa has not been made: Nil

(v) In any other case: $2 060.

[31] Subparagraph 1114A (2) (b) (i)

omit

subparagraph (iii)

insert

subparagraphs (iii) and (iv)

[32] Sub‑subparagraph 1114A (2) (b) (i) (AA)

substitute

(AA) is not the holder of:

(I) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(II) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(III) a Subclass 487 (Skilled — Regional Sponsored) visa; and

[33] Subparagraph 1114A (2) (b) (iv)

substitute

(iv) In the case of an applicant:

(A) to whom subparagraphs (i), (ii) and (iii) do not apply; and

(B) who had turned 18 at the time of application; and

(D) who has not previously paid a second instalment for an application for any of the following visas:

(I) Skilled — Independent Regional (Provisional) (Class UX) visa;

(II) Subclass 475 (Skilled — Regional Sponsored) visa;

(III) Subclass 487 (Skilled — Regional Sponsored) visa: $2 860

(v) In any other case: Nil.

[34] Paragraph 1114A (3) (ba)

substitute

(ba) In the case of an applicant who:

(i) is the holder of 1 of the following visas:

(A) Skilled — Independent Regional (Provisional) (Class UX) visa;

(B) Subclass 475 (Skilled — Regional Sponsored) visa;

(ii) seeks to satisfy the primary criteria for the grant of a Subclass 856 (Employer Nomination Scheme) visa;

the applicant has held 1 or more of the following visas for a total of at least 2 years:

(iii) Skilled — Independent Regional (Provisional) (Class UX) visa;

(iv) Subclass 475 (Skilled — Regional Sponsored) visa;

(v) Subclass 487 (Skilled — Regional Sponsored) visa.

[35] Subparagraph 1121 (2) (a) (ii)

substitute

(ii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Migrant) (Class VE) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled — Independent) visa or a Subclass 176 (Skilled — Sponsored) visa has not been made: Nil

(iii) In any other case: $1 390.

[36] Subparagraph 1121A (2) (a) (ii)

substitute

(ii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Residence) (Class VB) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 885 (Skilled — Independent) visa or a Subclass 886 (Skilled — Sponsored) visa has not been made: Nil

(iii) In the case of an applicant:

(A) who has made a valid application for a Skilled (Migrant) (Class VE) visa while being the holder of a Subclass 444 (Special Category) visa; and

(B) in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled — Independent) visa or a Subclass 176 (Skilled — Sponsored) visa has not been made: Nil

(iv) In any other case: $2 060.

[37] Subparagraph 1121A (2) (b) (i)

omit

subparagraphs (iii) and (iv)

insert

subparagraphs (iii), (iv) and (v)

[38] Subparagraph 1121A (2) (b) (ii)

omit

subparagraphs (iii) and (iv)

insert

subparagraphs (iii), (iv) and (v)

[39] Subparagraph 1121A (2) (b) (v)

substitute

(v) In the case of an applicant:

(A) to whom subparagraphs (i) to (iv) do not apply; and

(B) who had turned 18 at the time of application; and

(D) who has not previously paid a second instalment for an application for any of the following visas:

(I) Skilled — Independent Regional (Provisional) (Class UX) visa;

(II) Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;

(III) Subclass 475 (Skilled — Regional Sponsored) visa;

(IV) Subclass 487 (Skilled — Regional Sponsored) visa: $2 860

(vi) In any other case: Nil.

[40] After paragraph 1128AA (3) (e)

insert

(f) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[41] After paragraph 1128B (3) (d)

insert

(da) Application by a person seeking to satisfy the primary criteria for the grant of a Subclass 138 (Skilled — Australian‑sponsored) visa must be made before 1 September 2007.

[42] After paragraph 1128BA (3) (r)

insert

(s) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[43] After paragraph 1128C (3) (d)

insert

(e) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[44] After paragraph 1128CA (3) (o)

insert

(p) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[45] After paragraph 1128D (3) (e)

insert

(f) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[46] After paragraph 1134 (3) (f)

insert

(g) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[47] After item 1134

insert in Part 1

1135. Skilled (Migrant) (Class VE)

(1) Forms: 1276 and 1276 (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made): $2 060

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant:

(A) who had turned 18 at the time of application; and

(B) who is assessed as not having functional English: $2 860

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made:

(i) as an Internet application; or

(ii) by posting the application (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

(iii) by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

Note An Internet application is taken to have been made at the time, identified using Australian Eastern Standard Time or Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made: see regulation 2.10C.

(b) Applicant seeking to satisfy the primary criteria must be less than 45.

(d) Application by a person claiming to be:

(i) a member of the family unit; or

(ii) the interdependent partner; or

(iii) a dependent child of the interdependent partner;

of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

(4) Subclasses:

175 (Skilled — Independent)

176 (Skilled — Sponsored)

1136. Skilled (Residence) (Class VB)

(1) Forms: 1276 and 1276 (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant who is the holder of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

(D) a Subclass 487 (Skilled — Regional Sponsored) visa; or

(E) a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for:

(I) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(II) a Skilled (Provisional) (Class VC) visa: $190

(ii) In any other case: $2 060.

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant who:

(A) had turned 18 at the time of application; and

(B) is assessed as not having functional English; and

(C) has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in paragraph (a), that the applicant holds: $2 860

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made:

(i) as an Internet application; or

(ii) by posting the application (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

(iii) by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(b) Applicant must be in Australia but not in immigration clearance.

(i) a member of the family unit; or

(ii) the interdependent partner; or

(iii) a dependent child of the interdependent partner;

of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

(d) The requirements of subitem (4), (5), (6) or (7) must be satisfied.

(4) The following requirements must be met:

(a) one of the following subparagraphs must be satisfied by the applicant:

(i) the applicant must be the holder of an eligible student visa;

(ii) the applicant must be the holder of a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa other than 1 of the following visas:

(A) a Subclass 570 (Independent ELICOS Sector) visa;

(B) a Subclass 571 (Schools Sector) visa;

(C) a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa, that was applied for on the basis that the applicant seeking to satisfy the primary criteria for the grant of that visa intends to undertake a course of study paid for, wholly or in part, by:

(I) the Commonwealth or the government of a State or Territory; or

(II) the government of a foreign country; or

(III) a multilateral agency;

and for which a condition of payment by that body for the course is that the student will leave Australia on the completion of the course;

(D) a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa that was applied for on the basis that the applicant seeking to satisfy the primary criteria for the grant of that visa intends to undertake a course of study or training under a scholarship scheme or training program approved by:

(I) the AusAID Minister; or

(II) the Defence Minister;

and for which a condition of that scheme or program is that the student will leave Australia on completion of the course;

(E) a Subclass 575 (Non‑Award Sector) visa;

(F) a Subclass 576 (AusAID or Defence Sector) visa;

and must also have held an eligible student visa during the period of 6 months ending immediately before the day on which the application is made;

(iii) the applicant must:

(A) be the holder of a substantive visa other than a visa mentioned in sub‑subparagraphs (ii) (A) to (F); and

(B) have held an eligible student visa during the period of 6 months ending immediately before the day on which the application for the Skilled (Residence) (Class VB) visa is made;

(iv) the applicant must have been taken, under sections 368C, 368D and 379C of the Act to have been notified that the Migration Review Tribunal has set aside and substituted the Minister’s decision not to revoke the cancellation of the applicant’s eligible student visa not more than 28 days before the day on which the application is made;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa:

(i) must be less than 45; and

(ii) must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.

(5) The following requirements must be met:

(a) the applicant must be:

(i) the holder of a Subclass 476 (Skilled — Recognised Graduate) visa; or

(ii) the holder of a Subclass 485 (Skilled — Graduate) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa must:

(i) have been granted the visa mentioned in paragraph (a) on the basis of satisfying the primary criteria for the grant of that visa; and

(ii) nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.

(6) The following requirements must be met:

(a) each applicant must be the holder of a Subclass 471 (Trade Skills Training) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa:

(i) must have been the holder, for a total of at least 2 years before the day on which the application was made, of the Subclass 471 (Trade Skills Training) visa mentioned in paragraph (a) that was granted on the basis of satisfying the primary criteria for the grant of that visa; and

(ii) must be less than 45; and

(iii) must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.

(7) The following requirements must be met:

(a) the applicant must be the holder of:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

(iii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iv) a Subclass 487 (Skilled — Regional Sponsored) visa; or

(v) a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Skilled (Provisional) (Class VC) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa must have been, for a total of at least 2 years before the day on which the application was made, the holder of 1 of the following visas:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa;

(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;

(iii) a Subclass 475 (Skilled — Regional Sponsored) visa;

(iv) a Subclass 487 (Skilled — Regional Sponsored) visa;

that was granted on the basis of satisfying the primary criteria for the grant of that visa, or of being the spouse or interdependent partner of the applicant who satisfied the primary criteria for the grant of the visa.

(8) Subclasses:

885 (Skilled — Independent)

886 (Skilled — Sponsored)

887 (Skilled — Regional)

[48] After paragraph 1212A (3) (m)

insert

(n) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[49] Paragraph 1214C (3) (g)

substitute

(g) If:

(i) the applicant is the holder of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(ii) the last substantive visa held by the applicant was:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

the applicant must have held that visa for at least 2 years.

[50] After paragraph 1218A (3) (e)

insert

(f) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[51] After paragraph 1226 (3) (g)

insert

(h) Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.

[52] After item 1227

insert in Part 2

1228. Skilled (Provisional) (Class VF)

(1) Forms: 1276 and 1276 (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant seeking to satisfy the criteria for the grant of a Subclass 475 (Skilled — Regional Sponsored) visa: $2 060

(ii) In the case of an applicant seeking to satisfy the criteria for the grant of a Subclass 476 (Skilled — Recognised Graduate) visa: $190.

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant who:

(A) seeks to satisfy the criteria for the grant of a Subclass 475 (Skilled — Regional Sponsored) visa; and

(B) had turned 18 at the time of application; and

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made:

(i) as an Internet application; or

(ii) by posting the application (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

(iii) by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(b) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 475 (Skilled — Regional Sponsored) visa:

(i) must be less than 45; and

(ii) must nominate a skilled occupation in the application.

(c) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 476 (Skilled — Recognised Graduate) visa must be less than 31.

(d) Application by a person claiming to be:

(i) a member of the family unit; or

(ii) the interdependent partner; or

(iii) a dependent child of the interdependent partner;

of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

(4) Subclasses:

475 (Skilled — Regional Sponsored)

476 (Skilled — Recognised Graduate)

1229. Skilled (Provisional) (Class VC)

(1) Forms: 1276 and 1276 (Internet).

(2) Visa application charge:

(a) First instalment (payable at the time application is made):

(i) In the case of an applicant seeking to satisfy the criteria for the grant of a Subclass 485 (Skilled — Graduate) visa: $190

(ii) In the case of an applicant seeking to satisfy the criteria for the grant of a Subclass 487 (Skilled — Regional Sponsored) visa, and who is the holder of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

(D) a Subclass 487 (Skilled — Regional Sponsored) visa: $190

(iii) In any other case: $2 060.

(b) Second instalment (payable before grant of visa):

(i) In the case of an applicant who:

(A) seeks to satisfy the criteria for the grant of a Subclass 487 (Skilled — Regional Sponsored) visa; and

(B) had turned 18 at the time of application; and

(D) has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in paragraph (a), that the applicant holds: $2 860

(ii) In any other case: Nil.

(3) Other:

(a) Application must be made:

(i) as an Internet application; or

(ii) by posting the application (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or

(iii) by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.

(b) Applicant claiming to be:

(i) a member of the family unit; or

(ii) the interdependent partner; or

(iii) a dependent child of the interdependent partner;

of a person who, having satisfied the primary criteria, holds a Skilled (Provisional) (Class VC) visa may be in or outside Australia when making his or her application, but not in immigration clearance.

(c) Applicant to whom paragraph (b) does not apply must be in Australia, but not in immigration clearance, when making his or her application.

(d) Application by a person claiming to be:

(i) a member of the family unit; or

(ii) the interdependent partner; or

(iii) a dependent child of the interdependent partner;

of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.

(e) The requirements of subitem (4), (5), (6), (7), (8) or (9) must be satisfied.

(4) The following requirements must be met:

(a) one of the following subparagraphs must be satisfied by the applicant:

(i) the applicant must be the holder of an eligible student visa;

(A) a Subclass 570 (Independent ELICOS Sector) visa;

(B) a Subclass 571 (Schools Sector) visa;

(I) the Commonwealth or the government of a State or Territory; or

(II) the government of a foreign country; or

(III) a multilateral agency;

and for which a condition of payment by that body for the course is that the student will leave Australia on the completion of the course;

(I) the AusAID Minister; or

(II) the Defence Minister;

and for which a condition of that scheme or program is that the student will leave Australia on completion of the course;

(E) a Subclass 575 (Non‑Award Sector) visa;

(F) a Subclass 576 (AusAID or Defence Sector) visa;

and must also have held an eligible student visa during the period of 6 months ending immediately before the day on which the application is made;

(iii) the applicant must:

(A) be the holder of a substantive visa other than a visa mentioned in sub‑subparagraphs (ii) (A) to (F); and

(B) have held an eligible student visa during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;

(iv) the applicant must have been taken, under sections 368C, 368D and 379C of the Act, to have been notified that the Migration Review Tribunal has set aside and substituted the Minister’s decision not to revoke the cancellation of the applicant’s eligible student visa not more than 28 days before the day on which the application is made;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa:

(i) must be less than 45; and

(ii) must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.

(5) The following requirements must be met:

(a) the applicant must be:

(i) the holder of a Subclass 476 (Skilled — Recognised Graduate) visa; or

(ii) the holder of a Subclass 485 (Skilled — Graduate) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa must:

(i) have been granted the visa mentioned in paragraph (a) on the basis of satisfying the primary criteria for the grant of that visa; and

(ii) nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.

(6) The following requirements must be met:

(a) each applicant must be the holder of a Subclass 471 (Trade Skills Training) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa:

(ii) must be less than 45; and

(iii) must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.

(7) The following requirements must be met:

(a) the applicant must be:

(i) the holder of a Subclass 417 (Working Holiday) visa; or

(ii) the holder of a Subclass 442 (Occupational Trainee) visa;

(b) the applicant seeking to satisfy the primary criteria for the grant of the visa:

(i) must be less than 45; and

(ii) must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.

(8) The following requirements must be met:

(a) the applicant must be the holder of:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

(iii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iv) a Subclass 487 (Skilled — Regional Sponsored) visa;

and must not have previously held more than 1 of any of those visas;

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa;

(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;

(iii) a Subclass 475 (Skilled — Regional Sponsored) visa;

(iv) a Subclass 487 (Skilled — Regional Sponsored) visa;

(9) The applicant must claim to be:

(a) a member of the family unit; or

(b) the interdependent partner; or

of an applicant who holds a Skilled (Provisional) (Class VC) visa granted on the basis of satisfying the primary criteria for the grant of the visa.

(10) Subclasses:

485 (Skilled — Graduate)

487 (Skilled — Regional Sponsored)

[53] Subitem 1301 (1)

omit

1150E (Internet) or 1208

insert

1150E (Internet), 1208, 1276 or 1276 (Internet)

[54] Subitem 1303 (1)

omit

1150 or 1150E (Internet)

insert

1150, 1150E (Internet), 1276 or 1276 (Internet)

[55] Subitem 1305 (1)

omit

1150 or 1150E (Internet)

insert

1150, 1150E (Internet), 1276 or 1276 (Internet)

Part 3 Amendments of Schedule 2 to the Migration Regulations 1994

[56] Paragraph 010.611 (3A) (d)

omit

Schedule 1;

insert

Schedule 1; or

[57] After paragraph 010.611 (3A) (d)

insert

(e) a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229 (4) of Schedule 1;

[58] Paragraph 010.611 (3B) (b)

omit

(Class DE) visa;

insert

(Class DE) visa; or

[59] After paragraph 010.611 (3B) (b)

insert

[60] Paragraph 020.611(3) (b)

omit

of Schedule 1;

insert

of Schedule 1; or

[61] After paragraph 020.611 (3) (b)

insert

(c) a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229 (4) of Schedule 1;

[62] Paragraph 020.611 (4) (b)

omit

(Class DE) visa;

insert

(Class DE) visa; or

[63] After paragraph 020.611 (4) (b)

insert

[64] Subclause 119.211 (3)

substitute

(3) If subclause (2) does not apply, either:

(a) if the applicant is mentioned in subparagraph 1114 (2) (a) (ii) of Schedule 1 — the applicant:

(i) is less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and

(ii) has competent English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or

(b) in any other case — unless exceptional circumstances apply, the applicant:

(i) has not turned 45; and

(ii) has functional English; and

(iii) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification, that is relevant to the appointment.

[65] Subclause 120.211 (1)

after

subclause (5)

insert

or (6)

[66] After subclause 120.211 (5)

insert

(6) For an applicant who seeks to enter Australia to work in accordance with a labour agreement, and who is mentioned in subparagraph 1121 (2) (a) (ii) of Schedule 1:

(a) the applicant has been nominated to work in Australia, in accordance with a labour agreement that is in effect, by an employer that is a party to that labour agreement; and

(b) the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and

(d) the requirements of the labour agreement have been met in relation to the application; and

(e) the applicant has competent English; and

(f) the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is relevant to the appointment.

[67] Before clause 121.211A

insert

121.210 For an applicant who has been nominated by an employer for an appointment in the business of that employer, and who is mentioned in subparagraph 1114 (2) (a) (ii):

(a) the applicant was less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and

(b) the applicant has competent English; and

(c) the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment.

[68] Clause 121.211

omit

If clause 121.211A does not apply

insert

If clauses 121.210 and 121.211A do not apply

[69] Before clause 134.212

insert

134.210 The application must be made before 1 September 2007.

[70] Before clause 136.212

insert

136.210 The application must be made before 1 September 2007.

[71] Before clause 137.213

insert

137.210 The application must be made before 1 September 2007.

[72] Before clause 138.211

insert

138.210 The application must be made before 1 September 2007.

[73] Clause 138.221A

omit

[74] After Part 173

insert

Subclass 175 Skilled — Independent

175.1 Interpretation

175.111 In this Part:

degree has the same meaning as in subregulation 2.26A (6).

diploma has the same meaning as in subregulation 2.26A (6).

employed has the same meaning as in subregulation 2.26A (7).

trade qualification has the same meaning as in subregulation 2.26A (6).

Note 1 For 2 year study requirement, see regulation 1.15F.

Note 2 For competent English, see regulation 1.15C.

Note 3 For registered course, see regulation 1.03.

Note 4 For relevant assessing authority, see regulation 1.03.

Note 5 For skilled occupation, see regulation 1.03.

Note 6 For vocational English, see regulation 1.15B.

175.2 Primary criteria

Note The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

175.21 Criteria to be satisfied at time of application

175.211 Either:

(a) the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or

(b) both of the following:

(i) the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made;

(ii) each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.

175.212 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.

(2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course.

175.213 Either:

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or

(b) the applicant has competent English.

175.22 Criteria to be satisfied at time of decision

175.221 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.

Note That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark.

The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6B of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument (Act, section 96).

175.222 No evidence has become available since the time of application that the information given or used:

(a) to meet the requirements of item 1135 of Schedule 1; or

(b) to obtain the skills assessment mentioned in subclause 175.212 (1); or

(d) to satisfy clause 175.221;

was false or misleading in a material particular.

175.223 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

175.224 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

175.225 Each person who is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of the applicant, and who is also an applicant for a Subclass 175 visa, is a person who:

(d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and

(e) if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.

175.226 Each member of the family unit of the applicant, who is not an applicant for a Subclass 175 visa, is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

175.227 If a person (the additional applicant):

(a) is a member of the family unit, or a dependent child of the interdependent partner, of the applicant; and

(b) is less than 18; and

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

175.228 Grant of the visa would not result in either:

(a) the number of Subclass 175 visas granted in a financial year exceeding the maximum number of Subclass 175 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 175) 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.

175.229 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

175.3 Secondary criteria

Note These criteria must be satisfied by applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of an applicant who satisfies the primary criteria.

175.31 Criteria to be satisfied at time of application

175.311 The applicant is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who satisfies the primary criteria in Subdivision 175.21 and made a combined application with that person.

175.32 Criteria to be satisfied at time of decision

175.321 The applicant continues to be:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who, having satisfied the primary criteria, is the holder of a Subclass 175 visa.

175.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

175.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

175.324 If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

175.325 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

175.4 Circumstances applicable to grant

175.411 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, each applicant included in the application may be in or outside Australia when the visa is granted.

175.412 In any other case, each applicant included in the application must be 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.

175.5 When visa is in effect

175.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

175.6 Conditions

175.611 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

175.7 Way of giving evidence

175.711 No evidence need be given.

175.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 176 Skilled — Sponsored

176.1 Interpretation

176.111 In this Part:

degree has the same meaning as in subregulation 2.26A (6).

diploma has the same meaning as in subregulation 2.26A (6).

employed has the same meaning as in subregulation 2.26A (7).

trade qualification has the same meaning as in subregulation 2.26A (6).

Note 1 For 2 year study requirement, see regulation 1.15F.

Note 2 For competent English, see regulation 1.15C.

Note 3 For registered course, see regulation 1.03.

Note 4 For relevant assessing authority, see regulation 1.03.

Note 5 For skilled occupation, see regulation 1.03.

Note 6 For vocational English, see regulation 1.15B.

176.2 Primary criteria

176.21 Criteria to be satisfied at time of application

176.211 Either:

(a) the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or

(b) the following requirements are met:

(i) the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made;

(ii) each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.

176.212 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.

176.213 Either:

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or

(b) the applicant has competent English.

176.22 Criteria to be satisfied at time of decision

176.221 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.

176.222 (1) The requirements of subclause (2) or (3) are met.

(2) All of the following apply:

(a) the applicant has been nominated by a State or Territory government agency;

(b) the Minister has accepted the nomination.

(3) All of the following apply:

(a) the applicant, and all persons included in the application, are sponsored by a person who:

(i) has turned 18; and

(ii) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

(iii) is usually resident in Australia; and

(iv) is related to the applicant, the applicant’s spouse (if the applicant’s spouse is also an applicant for a Subclass 176 visa), or the applicant’s interdependent partner (if the applicant’s interdependent partner is also an applicant for a Subclass 176 visa), as:

(A) a parent; or

(B) a child, an adopted child, or a step‑child; or

(D) an aunt or uncle, an adoptive aunt or uncle, or a step‑aunt or step‑uncle; or

(E) a nephew or niece, an adoptive nephew or niece, or a step‑nephew or step‑niece;

(b) either:

(i) the sponsorship was made on Form 1277 (Internet), and the Minister has accepted the sponsorship; or

(ii) if the sponsorship was made on Form 1277 — the sponsorship was made:

(A) by posting the form (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub‑subparagraph; or

(B) by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub‑subparagraph;

and the Minister has accepted the sponsorship.

176.223 No evidence has become available since the time of application that the information given or used:

(a) to meet the requirements of item 1135 of Schedule 1; or

(b) to obtain the skills assessment mentioned in subclause 176.212 (1); or

(d) to satisfy clause 176.221;

was false or misleading in a material particular.

176.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

176.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

176.226 Each person who is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of the applicant, and who is also an applicant for a Subclass 176 visa, is a person who:

(d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and

(e) if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.

176.227 Each member of the family unit of the applicant, who is not an applicant for a Subclass 176 visa, is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

176.228 If a person (the additional applicant):

(a) is a member of the family unit, or a dependent child of the interdependent partner, of the applicant; and

(b) is less than 18; and

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

176.229 Grant of the visa would not result in either:

(a) the number of Subclass 176 visas granted in a financial year exceeding the maximum number of Subclass 176 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 176) 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.

176.230 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

176.3 Secondary criteria

176.31 Criteria to be satisfied at time of application

176.311 The applicant is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who satisfies the primary criteria in Subdivision 176.21 and made a combined application with that person.

176.32 Criteria to be satisfied at time of decision

176.321 The applicant continues to be:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who, having satisfied the primary criteria, is the holder of a Subclass 176 visa.

176.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

176.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

176.324 If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

176.325 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

176.4 Circumstances applicable to grant

176.411 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, each applicant included in the application may be in or outside Australia when the visa is granted.

176.412 In any other case, each applicant included in the application must be 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.

176.5 When visa is in effect

176.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

176.6 Conditions

176.611 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

176.7 Way of giving evidence

176.711 No evidence need be given.

176.712 If evidence is given, to be given by a label affixed to a valid passport.

[75] Sub‑subparagraph 422.211 (a) (ii) (B)

substitute

(B) Subclass 457 (Business (Long Stay));

(D) Subclass 485 (Skilled — Graduate); or

[76] Sub‑subparagraph 457.211 (a) (ii) (E)

substitute

(E) Subclass 988 (Maritime Crew) visa;

(F) Subclass 476 (Skilled — Recognised Graduate);

(G) Subclass 485 (Skilled — Graduate); or

[77] After Part 471

insert

Subclass 475 Skilled — Regional Sponsored

475.1 Interpretation

475.111 In this Part:

degree has the same meaning as in subregulation 2.26A (6).

designated area means an area specified by the Minister in an instrument in writing under item 6701 of Schedule 6 as a designated area.

diploma has the same meaning as in subregulation 2.26A (6).

employed has the meaning given by subregulation 2.26A (7).

trade qualification has the same meaning as in subregulation 2.26A (6).

Note 1 For competent English, see regulation 1.15C.

Note 2 For concessional competent English, see regulation 1.15E.

Note 3 For registered course, see regulation 1.03.

Note 4 For relevant assessing authority, see regulation 1.03.

Note 5 For skilled occupation, see regulation 1.03.

Note 6 For vocational English, see regulation 1.15B.

475.2 Primary criteria

475.21 Criteria to be satisfied at time of application

475.211 Either:

(a) the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or

(b) the following requirements are met:

(i) the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made;

(ii) each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.

475.212 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.

475.213 (1) The requirements of subclause (2) or (3) are met.

(2) The applicant has indicated that the applicant is nominated by a State or Territory government agency.

(3) The applicant has indicated that the applicant, and all persons included in the application, are sponsored by a person who:

(a) has turned 18; and

(b) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

(d) is related to the applicant, the applicant’s spouse (if the applicant’s spouse is also an applicant for a Subclass 475 visa), or the applicant’s interdependent partner (if the applicant’s interdependent partner is also an applicant for a Subclass 475 visa), as:

(i) a parent; or

(ii) a child, an adopted child, or a step‑child; or

(iii) a brother or sister, an adoptive brother or sister, or a step‑brother or step‑sister; or

(iv) an aunt or uncle, an adoptive aunt or uncle, or a step‑aunt or step‑uncle; or

(v) a nephew or niece, an adoptive nephew or niece, or a step‑nephew or step‑niece; or

(vi) a grandparent or first cousin.

475.214 Either:

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or

(b) the applicant:

(i) is nominated by a State or Territory specified by the Minister in an instrument in writing for this subparagraph as a State or Territory in which arrangements are established for suitable English‑language training; and

(ii) has paid the required fee or charge for that training; and

(iii) has concessional competent English; or

(i) is sponsored by a person who resides in a State or Territory specified by the Minister in an instrument in writing for this subparagraph as a State or Territory in which arrangements are established for suitable English‑language training; and

(ii) has paid the required fee or charge for that training; and

(iii) has concessional competent English; or

(d) the applicant has competent English.

475.22 Criteria to be satisfied at time of decision

475.221 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.

475.222 Either:

(a) the Minister has accepted the nomination mentioned in subclause 475.213 (2); or

(b) the sponsorship mentioned in subclause 475.213 (3) was made:

(i) on Form 1277 (Internet); or

(ii) on Form 1277:

(A) by posting the form (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub‑subparagraph; or

(B) by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub‑subparagraph;

and the Minister has accepted the sponsorship.

475.223 No evidence has become available since the time of application that the information given or used:

(a) to meet the requirements of item 1228 of Schedule 1; or

(b) to obtain the skills assessment mentioned in subclause 475.212 (1); or

(d) to satisfy clause 475.221;

was false or misleading in a material particular.

475.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

475.225 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

475.226 Each person who is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of the applicant, and who is also an applicant for a Subclass 475 visa, is a person who:

(d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and

(e) if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.

475.227 Each member of the family unit of the applicant, who is not an applicant for a Subclass 475 visa, is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

475.228 If a person (the additional applicant):

(a) is a member of the family unit, or a dependent child of the interdependent partner, of the applicant; and

(b) is less than 18; and

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

475.229 Grant of the visa would not result in either:

(a) the number of Subclass 475 visas granted in a financial year exceeding the maximum number of Subclass 475 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 475) 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.

475.230 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

475.3 Secondary criteria

475.31 Criteria to be satisfied at time of application

475.311 The applicant:

(a) is a member of the family unit, or the interdependent partner or a dependent child of the interdependent partner, of a person who satisfies the primary criteria in Subdivision 475.21, and made a combined application with that person; or

(b) is a member of the family unit, or the interdependent partner or a dependent child of the interdependent partner, 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 475 visa.

475.32 Criteria to be satisfied at time of decision

475.321 The applicant continues to be:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who, having satisfied the primary criteria, is the holder of a Subclass 475 visa.

475.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

475.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

475.324 If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

475.325 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

475.4 Circumstances applicable to grant

475.411 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, each applicant included in the application may be in or outside Australia when the visa is granted.

475.412 In any other case, each applicant included in the application must be 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.

475.5 When visa is in effect

475.511 (1) If the applicant satisfied the primary criteria for the grant of the visa, and is in Australia at the time of grant — a temporary visa permitting the holder to travel to, enter and remain in Australia until 3 years after the date of grant.

(2) If the applicant satisfied the primary criteria for the grant of the visa, and is outside Australia at the time of grant — a temporary visa permitting the holder to travel to, enter and remain in Australia until 3 years after the date of first entry.

(3) If the applicant satisfied the secondary criteria for the grant of the visa — a temporary visa permitting the holder to travel to, enter and remain in Australia until the date specified for the applicant who satisfied the primary criteria for the grant of the visa.

475.6 Conditions

475.611 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

475.612 If the applicant was nominated by a State or Territory government as described in subclause 475.213 (2), condition 8539 must be imposed.

475.613 If the applicant was sponsored by a person as described in subclause 475.213 (3), condition 8549 must be imposed.

475.7 Way of giving evidence

475.711 No evidence need be given.

475.712 If evidence is given, to be given by a label affixed to a valid passport.

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.

degree has the same meaning as in subregulation 2.26A (6).

Note For competent English, see regulation 1.15C.

476.2 Primary 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 (Skilled — Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

476.212 The applicant has completed a course:

(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 applicant has competent English.

476.22 Criteria to be satisfied at time of decision

476.221 No evidence has become available since the time of application that the information given or used:

(a) to meet the requirements of item 1228 of Schedule 1; or

(b) to satisfy Subdivision 476.21;

was false or misleading in a material particular.

476.222 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

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) a member of the family unit; or

(b) the interdependent partner; or

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, 4004, 4005 and 4010; 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, or a dependent child of the interdependent partner, of the applicant; and

(b) is less than 18; and

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.

476.227 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

476.3 Secondary criteria

476.31 Criteria to be satisfied at time of application

476.311 The applicant:

(a) is a member of the family unit, or the interdependent partner or a dependent child of the interdependent partner, of a person who satisfies the primary criteria in Subdivision 476.21, and made a combined application with that person; or

476.32 Criteria to be satisfied at time of decision

476.321 The applicant continues to be:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who, having satisfied the primary criteria, is the holder of a Subclass 476 visa.

476.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

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.

476.325 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

476.4 Circumstances applicable to grant

476.411 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, each applicant included in the application may be in or outside Australia when the visa is granted.

476.412 In any other case, each applicant included in the application must be 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.

476.6 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

476.7 Way of giving evidence

476.711 No evidence need be given.

476.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 485 Skilled — Graduate

485.1 Interpretation

485.111 In this Part:

degree has the same meaning as in subregulation 2.26A (6).

diploma has the same meaning as in subregulation 2.26A (6).

trade qualification has the same meaning as in subregulation 2.26A (6).

Note 1 For 2 year study requirement, see regulation 1.15F.

Note 2 For competent English, see regulation 1.15C.

Note 3 For registered course, see regulation 1.03.

Note 4 For relevant assessing authority, see regulation 1.03.

Note 5 For skilled occupation, see regulation 1.03.

Note 6 For vocational English, see regulation 1.15B.

485.2 Primary criteria

485.21 Criteria to be satisfied at time of application

485.211 The requirements of subitem 1229 (4) of Schedule 1 are met.

485.212 The applicant:

(a) has not previously held a Subclass 476 (Skilled — Recognised Graduate) 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 visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

485.213 The following requirements are met:

(a) the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made;

(b) each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.

485.214 The Minister is satisfied that the applicant has applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.

485.215 Either:

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or

(b) the applicant has competent English; or

(c) the application is accompanied by evidence that the applicant has made arrangements to undergo a language test specified by the Minister in an instrument in writing for this paragraph.

485.216 The application is accompanied by evidence that:

(a) the applicant; and

(b) each person included in the application who is at least 16;

has applied for an Australian Federal Police check during the 12 months immediately before the day when the application is made.

485.217 The application is accompanied by evidence that the applicant and each person included in the application has made arrangements to undergo a medical examination for the purpose of the application.

485.22 Criteria to be satisfied at time of decision

485.221 (1) The skills of the applicant for the applicant’s nominated skilled occupation have been assessed by the relevant assessing authority as suitable for that occupation.

485.222 If the application is accompanied by evidence that the applicant has made arrangements to undergo a language test specified by the Minister in an instrument in writing for paragraph 485.215 (c):

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or

(b) the applicant has competent English.

485.223 No evidence has become available since the time of application that the information given or used:

(a) to meet the requirements of item 1229 of Schedule 1; or

(b) to satisfy Subdivision 485.21; or

was false or misleading in a material particular.

485.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

485.225 The applicant satisfies special return criteria 5001, 5002 and 5010.

485.226 Each person who is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of the applicant, and who is also an applicant for a Subclass 485 visa, is a person who:

(d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and

(e) if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.

485.227 If a person (the additional applicant):

(a) is a member of the family unit, or a dependent child of the interdependent partner, of the applicant; and

(b) is less than 18; and

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

485.228 Grant of the visa would not result in either:

(a) the number of Subclass 485 visas granted in a financial year exceeding the maximum number of Subclass 485 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 485) 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.

485.229 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

485.3 Secondary criteria

485.31 Criteria to be satisfied at time of application

485.311 The applicant:

(a) is a member of the family unit, or the interdependent partner or a dependent child of the interdependent partner, of a person who satisfies the primary criteria in Subdivision 485.21, and made a combined application with that person; or

(b) is a member of the family unit, or the interdependent partner or a dependent child of the interdependent partner, of a person who is the holder of a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 485 visa.

485.32 Criteria to be satisfied at time of decision

485.321 The applicant continues to be:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who, having satisfied the primary criteria, is the holder of a Subclass 485 visa.

485.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

485.323 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

485.324 If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

485.325 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

485.4 Circumstances applicable to grant

485.411 (1) The applicant who satisfies the primary criteria for the grant of the visa, and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.

(2) In any other case, the 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.

485.5 When visa is in effect

485.511 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 may be imposed.

485.7 Way of giving evidence

485.711 No evidence need be given.

485.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 487 Skilled — Regional Sponsored

487.1 Interpretation

487.111 In this Part:

degree has the same meaning as in subregulation 2.26A (6).

designated area means an area specified by the Minister in an instrument in writing under item 6701 of Schedule 6 as a designated area.

diploma has the same meaning as in subregulation 2.26A (6).

trade qualification has the same meaning as in subregulation 2.26A (6).

Note 1 For 2 year study requirement, see regulation 1.15F.

Note 2 For competent English, see regulation 1.15C.

Note 3 For concessional competent English, see regulation 1.15E.

Note 4 For relevant assessing authority , see regulation 1.03.

Note 5 For skilled occupation, see regulation 1.03.

Note 6 For vocational English, see regulation 1.15B.

487.2 Primary criteria

487.21 Criteria to be satisfied at time of application

487.211 For an applicant who met the requirements of subitem 1229 (8) of Schedule 1, no requirements of this Subdivision need be met.

487.212 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).

(2) The applicant met the requirements of subitem 1229 (4) of Schedule 1, and:

(a) the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made; and

(b) each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.

(3) The applicant met the requirements of subclause 1229 (5) of Schedule 1, and:

(a) if the applicant holds a Subclass 476 (Skilled — Recognised Graduate) visa, the qualification used to obtain that visa is closely related to the applicant’s nominated skilled occupation; or

(b) if the applicant holds a Subclass 485 (Skilled — Graduate) visa, each degree, diploma or trade qualification used to satisfy the 2 year study requirement to obtain that visa applicant is closely related to the applicant’s nominated skilled occupation.

(4) The applicant met the requirements of subitem 1229 (6) of Schedule 1, and:

(a) the applicant must have completed the apprenticeship for which the Subclass 471 (Trade Skills Training) visa was granted; and

(b) the apprenticeship is closely related to the applicant’s nominated skilled occupation.

(5) The applicant met the requirements of subitem 1229 (7) of Schedule 1, and:

(a) if the applicant holds a Subclass 417 (Working Holiday) visa, the applicant must have held that visa for at least 6 months; or

(b) if the applicant holds a Subclass 442 (Occupational Trainee) visa, the applicant must have completed the traineeship for which the visa was granted.

487.213 (1) The requirements of subclause (2) or (3) are met.

(2) The applicant has indicated that the applicant is nominated by a State or Territory government agency.

(3) The applicant has indicated that the applicant, and all persons included in the application, are sponsored by a person who:

(a) has turned 18; and

(b) is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

(d) is related to the applicant, the applicant’s spouse (if the applicant’s spouse is also an applicant for a Subclass 487 visa), or the applicant’s interdependent partner (if the applicant’s interdependent partner is also an applicant for a Subclass 487 visa), as:

(i) a parent; or

(ii) a child, an adopted child, or a step‑child; or

(iii) a brother or sister, an adoptive brother or sister, or a step‑brother or step‑sister; or

(iv) an aunt or uncle, an adoptive aunt or uncle, or a step‑aunt or step‑uncle; or

(v) a nephew or niece, an adoptive nephew or niece, or a step‑nephew or step‑niece; or

(vi) a grandparent or first cousin.

487.214 The Minister is satisfied that the applicant has applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.

487.215 Either:

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or

(b) the applicant:

(ii) has paid the required fee or charge for that training; and

(iii) has concessional competent English; or

(ii) has paid the required fee or charge for that training; and

(iii) has concessional competent English; or

(d) the applicant has competent English; or

(e) the application is accompanied by evidence that the applicant has made arrangements to undergo a language test specified by the Minister in an instrument in writing for this paragraph.

487.216 The application is accompanied by evidence that:

(a) the applicant; and

(b) each person included in the application who is at least 16;

has applied for an Australian Federal Police check during the 12 months immediately before the day when the application is made.

487.217 The application is accompanied by evidence that the applicant and each person included in the application has made arrangements to undergo a medical examination for the purpose of the application.

487.22 Criteria to be satisfied at time of decision

487.221 If the requirements of subitem 1229 (8) of Schedule 1 have been met, clauses 487.226 to 487.234 only must be satisfied.

487.222 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.

487.223 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.

487.224 If the application is accompanied by evidence that the applicant has made arrangements to undergo a language test specified by the Minister in an instrument in writing for paragraph 487.215 (e):

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or

(b) the applicant:

(ii) has paid the required fee or charge for that training; and

(iii) has concessional competent English; or

(ii) has paid the required fee or charge for that training; and

(iii) has concessional competent English; or

(d) the applicant has competent English.

487.225 Either of the following requirements is met:

(a) the Minister has accepted the nomination mentioned in subclause 487.213 (2); or

(b) the sponsorship mentioned in subclause 487.213 (3) was made:

(i) on Form 1277 (Internet), and the Minister has accepted the sponsorship; or

(ii) on Form 1277:

(A) by posting the form (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub‑subparagraph; or

(B) by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub‑subparagraph;

and the Minister has accepted the sponsorship.

487.226 The applicant, and each person included in the application, who made the application on the basis of being the holder of:

(a) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(b) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

(d) a Subclass 487 (Skilled — Regional Sponsored) visa;

has substantially complied with the conditions to which that visa is or was subject.

487.227 No evidence has become available since the time of application that the information given or used:

(a) to satisfy any part of the assessment of eligibility of the applicant for:

(i) a Subclass 495 (Skilled — Independent Regional (Provisional)) visa; or

(ii) a Subclass 496 (Skilled — Designated Area‑sponsored (Provisional)) visa;

(iii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iv) a Subclass 487 (Skilled — Regional Sponsored) visa; or

(b) to meet the requirements of item 1229 of Schedule 1; or

(d) to satisfy clause 487.222; or

(e) to obtain the skills assessment mentioned in subclause 487.223 (1);

was false or misleading in a material particular.

487.228 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

487.229 The applicant satisfies special return criteria 5001, 5002 and 5010.

487.230 Each person who is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of the applicant, and who is also an applicant for a Subclass 487 visa, is a person who:

(d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and

(e) satisfies special return criteria 5001, 5002 and 5010.

487.231 Each member of the family unit of the applicant who is not an applicant for a Subclass 487 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

487.232 If a person (the additional applicant):

(a) is a member of the family unit, or a dependent child of the interdependent partner, of the applicant; and

(b) is less than 18; and

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

487.233 Grant of the visa would not result in either:

(a) the number of Subclass 487 visas granted in a financial year exceeding the maximum number of Subclass 487 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 487) 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.

487.234 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

487.3 Secondary criteria

487.31 Criteria to be satisfied at time of application

487.311 The applicant:

(a) is a member of the family unit, or the interdependent partner or a dependent child of the interdependent partner, of a person who satisfies the primary criteria in Subdivision 487.21, and made a combined application with that person; or

(b) is a member of the family unit, or the interdependent partner or a dependent child of the interdependent partner, of a person who is the holder of a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 487 visa.

487.32 Criteria to be satisfied at time of decision

487.321 The applicant continues to be:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who, having satisfied the primary criteria, is the holder of a Subclass 487 visa.

487.322 If the applicant made the application on the basis of being the holder of:

(a) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(b) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

(d) a Subclass 487 (Skilled — Regional Sponsored) visa;

the applicant has substantially complied with the conditions to which that visa is or was subject.

487.323 If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

487.324 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

487.325 If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

487.326 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

487.4 Circumstances applicable to grant

487.411 (1) The applicant who satisfies the primary criteria for the grant of the visa, and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.

(2) In any other case, the 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.

487.5 When visa is in effect

487.511 (1) If:

(a) the applicant is in Australia at the time of application; and

(b) at the time of application, the applicant held any of the following visas:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or

(iii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iv) a Subclass 487 (Skilled — Regional Sponsored) visa;

temporary visa permitting the holder to travel to, enter and remain in Australia until 48 months after the date of grant of the visa mentioned in paragraph (b).

(2) In any other case:

(a) if the applicant satisfied the primary criteria for the grant of the visa — temporary visa permitting the holder to travel to, enter and remain in Australia until 3 years after the date of grant; or

(b) if the applicant satisfied the secondary criteria for the grant of the visa — temporary visa permitting the holder to travel to, enter and remain in Australia until the date specified for the applicant who satisfies the primary criteria for the grant of the visa.

487.6 Conditions

487.611 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

487.612 If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government as described in subclause 487.213 (2), condition 8539 must be imposed.

487.613 If the applicant who satisfied the primary criteria for the grant of the visa was sponsored by a person as described in subclause 487.213 (3), condition 8549 must be imposed.

487.614 (1) If:

(a) the applicant met the requirements of subitem 1229 (8) of Schedule 1; and

(b) condition 8539 was imposed on the visa mentioned in that subitem;

condition 8539 must be imposed.

(2) If:

(a) the applicant met the requirements of subitem 1229 (8) of Schedule 1; and

(b) condition 8549 was imposed on the visa mentioned in that subitem;

condition 8549 must be imposed.

487.7 Way of giving evidence

487.711 No evidence need be given.

487.712 If evidence is given, to be given by a label affixed to a valid passport.

[78] Before clause 495.210

insert

495.210A The application must be made before 1 September 2007.

[79] Before clause 496.211

insert

496.210 The application must be made before 1 September 2007.

[80] Before clause 497.211

insert

497.210 The application must be made before 1 September 2007.

[81] After subparagraph 572.211 (2) (d) (ii)

insert

(iia) Subclass 485 (Skilled — Graduate) visa;

[82] After sub‑subparagraph 572.227 (c) (iii) (B)

insert

(BA) Subclass 485 (Skilled — Graduate) visa;

[83] After subparagraph 572.312 (2) (d) (ii)

insert

(iia) Subclass 485 (Skilled — Graduate) visa;

[84] After subparagraph 573.211 (2) (d) (ii)

insert

(iia) Subclass 485 (Skilled — Graduate) visa;

[85] After sub‑subparagraph 573.227 (c) (iii) (B)

insert

(BA) Subclass 485 (Skilled — Graduate) visa;

[86] After subparagraph 573.312 (2) (d) (ii)

insert

(iia) Subclass 485 (Skilled — Graduate) visa;

[87] After subparagraph 574.211 (2) (d) (ii)

insert

(iia) Subclass 485 (Skilled — Graduate) visa;

[88] After sub‑subparagraph 574.227 (c) (iii) (B)

insert

(BA) Subclass 485 (Skilled — Graduate) visa;

[89] After subparagraph 574.312 (2) (d) (ii)

insert

(iia) Subclass 485 (Skilled — Graduate) visa;

[90] Paragraph 773.213 (2) (zt)

omit

(Class CC).

insert

(Class CC);

[91] After paragraph 773.213 (2) (zt)

insert

(zu) Skilled (Residence) (Class VB);

(zv) Skilled (Migrant) (Class VE).

[92] Paragraph 773.213 (3) (p)

omit

(Class UX).

insert

(Class UX);

[93] After paragraph 773.213 (3) (p)

insert

(q) Skilled (Provisional) (Class VC);

(r) Skilled (Provisional) (Class VF).

[94] Clause 820.212

substitute

820.212 If:

(a) the applicant is the holder of:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iii) a Subclass 487 (Skilled — Regional Sponsored) visa; or

(b) the last substantive visa held by the applicant since entering Australia was:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iii) a Subclass 487 (Skilled — Regional Sponsored) visa;

the applicant has substantially complied with the conditions to which that visa was subject.

[95] Clause 855.111, after note 3

insert

Note 3A For competent English, see regulation 1.15C.

[96] Paragraph 855.212 (4) (d)

omit

visa.

insert

visa; or

[97] After paragraph 855.212 (4) (d)

insert

(e) a Subclass 476 (Skilled — Recognised Graduate) visa; or

(f) a Subclass 485 (Skilled — Graduate) visa.

[98] Paragraph 855.213 (2) (c)

substitute

(i) the applicant is less than 45; or

(ii) in the case of an applicant mentioned in subparagraph 1121A (2) (a) (ii) or (iii) of Schedule 1 — the applicant was less than 45 at the time of application for the Skilled (Residence) (Class VB) visa or the Skilled (Migrant) (Class VE) visa; and

[99] Paragraph 855.213 (4) (c)

substitute

(i) the applicant is less than 45; or

[100] After clause 855.213

insert

855.214 In the case of an applicant mentioned in subparagraph 1121A (2) (a) (ii) or (iii) of Schedule 1:

(a) the applicant has competent English; and

(b) the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification.

[101] Clause 856.111, note

substitute

Note 1 For award course, see regulation 1.03.

Note 2 For approved appointment, see regulation 5.19.

Note 3 For category A course, see regulation 1.03.

Note 4 For category B student, see regulation 1.03.

Note 5 For competent English, see regulation 1.15C.

Note 6 For diploma, see subregulation 2.26A (6).

Note 7 For vocational English, see regulation 1.15B.

[102] Subparagraph 856.212 (4) (a) (ix)

omit

(Class UP); or

insert

(Class UP);

[103] After subparagraph 856.212 (4) (a) (ix)

insert

(x) Skilled — Independent Regional (Provisional) (Class UX);

(xi) Skilled (Provisional) (Class VC);

(xii) Skilled (Provisional) (Class VF); or

[104] Paragraph 856.213 (c)

substitute

(i) in the case of an applicant mentioned in subparagraph 1114A (2) (a) (iii) or (iv) of Schedule 1 — the applicant:

(A) is less than 45 at the time of the application for a Skilled (Residence) (Class VB) visa or a Skilled (Migrant) (Class VE) visa; and

(B) has competent English; and

(ii) in any other case — unless exceptional circumstances apply, the applicant:

(A) is less than 45; and

(B) has vocational English.

[105] Paragraph 856.223 (a)

substitute

(a) either:

(i) if the applicant was the holder, at the time of application, of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(ii) if the applicant resides or proposes to reside in a participating State or Territory;

public interest criterion 4007; or

[106] Paragraph 856.225 (1) (a)

substitute

(a) either:

(i) if the applicant was the holder, at the time of application, of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(ii) if the applicant resides or proposes to reside in a participating State or Territory;

public interest criterion 4007; or

[107] Subparagraph 856.225 (2) (b) (i)

substitute

(i) if:

(A) the applicant was the holder, at the time of application, of:

(I) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(II) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(III) a Subclass 487 (Skilled — Regional Sponsored) visa; or

(B) the applicant resides or proposes to reside in a participating State or Territory;

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; or

[108] Paragraph 856.322 (a)

substitute

(a) either:

(i) if the applicant was the holder, at the time of application, of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(ii) if the applicant resides or proposes to reside in a participating State or Territory;

public interest criterion 4007; or

[109] Clause 857.111, after note 4

insert

Note 4A For competent English, see regulation 1.15C.

[110] Subparagraph 857.212 (4) (a) (x)

omit

(Class UP); or

insert

(Class UP);

[111] After subparagraph 857.212 (4) (a) (x)

insert

(xi) Skilled (Provisional) (Class VC);

(xii) Skilled (Provisional) (Class VF); or

[112] After subparagraph 857.213 (b) (i)

insert

(ia) if the applicant is mentioned in subparagraph 1114A (2) (a) (iii) or (iv) of Schedule 1:

(A) the applicant was less than 45 at the time of the application for a Skilled (Residence) (Class VB) visa or a Skilled (Migrant) (Class VE) visa; and

(B) the applicant has competent English; and

(C) the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or

[113] Clauses 857.215 and 857.215A

omit

[114] Clause 857.216

substitute

857.216 If:

(a) the applicant is the holder of:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iii) a Subclass 487 (Skilled — Regional Sponsored) visa; or

(b) the last substantive visa held by the applicant since last entering Australia was:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iii) a Subclass 487 (Skilled — Regional Sponsored) visa;

the applicant has substantially complied with the conditions of that visa.

[115] Paragraph 857.223 (a)

substitute

(a) either:

(i) if the applicant was the holder, at the time of application, of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(ii) if the applicant resides or proposes to reside in a participating State or Territory;

public interest criterion 4007; or

[116] Paragraph 857.225 (1) (a)

substitute

(a) either:

(i) if the applicant was the holder, at the time of application, of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(ii) if the applicant resides or proposes to reside in a participating State or Territory;

public interest criterion 4007; or

[117] Sub‑subparagraph 857.225 (2) (b) (i) (B)

substitute

(B) the member was the holder, at the time of application, of:

(I) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(II) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(III) a Subclass 487 (Skilled — Regional Sponsored) visa;

[118] Clause 857.314

substitute

857.314 If:

(a) the applicant is the holder of:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iii) a Subclass 487 (Skilled — Regional Sponsored) visa; or

(b) the last substantive visa held by the applicant since last entering Australia was:

(i) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(ii) a Subclass 475 (Skilled — Regional Sponsored) visa; or

(iii) a Subclass 487 (Skilled — Regional Sponsored) visa;

the applicant has complied with the conditions of that visa.

[119] Subparagraph 857.322 (a) (ii)

substitute

(ii) was the holder, at the time of application, of:

(A) a Skilled — Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled — Regional Sponsored) visa; or

[120] Before clause 861.212

insert

861.210 The application must be made before 1 September 2007.

[121] Before clause 862.211

insert

862.210 The application must be made before 1 September 2007.

[122] Before clause 863.211

insert

863.210 The application must be made before 1 September 2007.

[123] Before clause 880.211

insert

880.210 The application must be made before 1 September 2007.

[124] Before clause 881.211

insert

881.210 The application must be made before 1 September 2007.

[125] Before clause 882.211

insert

882.210 The application must be made before 1 September 2007.

[126] Before clause 883.211

insert

883.210 The application must be made before 1 September 2007.

[127] After Part 884

insert

Subclass 885 Skilled — Independent

885.1 Interpretation

885.111 In this Part:

degree has the same meaning as in subregulation 2.26A (6).

diploma has the same meaning as in subregulation 2.26A (6).

trade qualification has the same meaning as in subregulation 2.26A (6).

Note 1 For 2 year study requirement, see regulation 1.15F.

Note 2 For competent English, see regulation 1.15C.

Note 3 For registered course, see regulation 1.03.

Note 4 For relevant assessing authority, see regulation 1.03.

Note 5 For skilled occupation, see regulation 1.03.

Note 6 For vocational English, see regulation 1.15B.

885.2 Primary criteria

885.21 Criteria to be satisfied at time of application

885.211 (1) The applicant meets the requirements of subclause (2), (3) or (4).

(2) The applicant met the requirements of subitem 1136 (4) of Schedule 1, and:

(a) the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made; and

(b) each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.

(3) The applicant met the requirements of subitem 1136 (5) of Schedule 1, and:

(a) if the applicant holds a Subclass 476 (Skilled — Recognised Graduate) visa, the qualification used to obtain that visa is closely related to the applicant’s nominated skilled occupation; or

(b) if the applicant holds a Subclass 485 (Skilled — Graduate) visa, each degree, diploma or trade qualification used to satisfy the 2 year study requirement to obtain that visa is closely related to the applicant’s nominated skilled occupation.

(4) The applicant met the requirements of subitem 1136 (6) of Schedule 1, and:

(a) the applicant must have completed the apprenticeship for which the Subclass 471 (Trade Skills Training) visa was granted; and

(b) the apprenticeship is closely related to the applicant’s nominated skilled occupation.

885.212 The Minister is satisfied that the applicant has applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.

885.213 Either:

(a) the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or

(b) the applicant has competent English.

885.214 The application is accompanied by evidence that:

(a) the applicant; and

(b) each person included in the application who is at least 16;

has applied for an Australian Federal Police check during the 12 months immediately before the day when the application is made.

885.215 The application is accompanied by evidence that the applicant and each person included in the application has made arrangements to undergo a medical examination for the purpose of the application.

885.22 Criteria to be satisfied at time of decision

885.221 The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.

885.222 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.

885.223 No evidence has become available since the time of application that the information given or used:

(a) to meet the requirements of item 1136 of Schedule 1; or

(b) to satisfy Subdivision 885.21; or

(d) to obtain the skills assessment mentioned in subclause 885.222 (1);

was false or misleading in a material particular.

885.224 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

885.225 The applicant satisfies special return criteria 5001, 5002 and 5010.

885.226 Each person who is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of the applicant, and who is also an applicant for a Subclass 885 visa, is a person who:

(d) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and

(e) satisfies special return criteria 5001, 5002 and 5010.

885.227 Each member of the family unit of the applicant, who is not an applicant for a Subclass 885 visa, is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

885.228 If a person (the additional applicant):

(a) is a member of the family unit, or a dependent child of the interdependent partner, of the applicant; and

(b) is less than 18; and

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

885.229 Grant of the visa would not result in either:

(a) the number of Subclass 885 visas granted in a financial year exceeding the maximum number of Subclass 885 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 885) 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.

885.230 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

885.3 Secondary criteria

885.31 Criteria to be satisfied at time of application

885.311 The applicant is:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who satisfies the primary criteria in Subdivision 885.21 and made a combined application with that person.

885.32 Criteria to be satisfied at time of decision

885.321 The applicant continues to be:

(a) a member of the family unit; or

(b) the interdependent partner; or

of a person who, having satisfied the primary criteria, is the holder of a Subclass 885 visa.

885.322 The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.

885.323 The applicant satisfies special return criteria 5001, 5002 and 5010.

885.324 If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

885.325 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

885.4 Circumstances applicable to grant

885.411 The applicant must be in Australia when the visa is granted.

Note The second instalment of the visa application charge must be paid before the visa can be granted.

885.5 When visa is in effect

885.511 Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

885.6 Conditions: Nil.

885.7 Way of giving evidence

885.711 No evidence need be given.

885.712 If evidence is given, to be given by a label affixed to a valid passport.

Subclass 886 Skilled — Sponsored

886.1 Interpretation

886.111 In this Part:

degree has the same meaning as in subregulation 2.26A (6).

diploma has the same meaning as in subregulation 2.26A (6).

trade qualification has the same meaning as in subregulation 2.26A (6).

Note 1 For 2 year study requirement, see regulation 1.15F.

Note 2 For competent English, see regulation 1.15C.

Note 3 For registered course, see regulation 1.03.

Note 4 For relevant assessing authority, see regulation 1.03.

Note 5 For skilled occupation, see regulation 1.03.

Note 6 For vocational English, see regulation 1.15B.

886.2 Primary criteria

886.21 Criteria to be satisfied at time of application

886.211 (1) The applicant meets the requirements of subclause (2), (3) or (4).