Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Regulation 1.03
Insert:
"regional provisional visa " means:
(a) a Subclass 491 (Skilled Work Regional (Provisional)) visa; or
(b) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
2 Subregulation 1.12(5) (at the end of the table)
Add:
| 9 | Permanent Residence (Skilled Regional) (Class PR) visa |
Any of the following visas: (a) Subclass 491 (Skilled Work Regional (Provisional)) visa; (b) Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa |
3 After paragraph 5.35AB(1)(g)
Insert:
(ga) a Subclass 191 (Permanent Residence (Skilled Regional)) visa;
4 At the end of Part 1 of Schedule 1
Add:
1139 Permanent Residence (Skilled Regional) (Class PR)
(1) Form: The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).
(2) Visa application charge:
(a) first instalment (payable at the time the application is made):
| First instalment | ||
| Item | Component | Amount |
| 1 |
Base application charge | $385 |
| 2 | Additional applicant charge for an applicant who is at least 18 | $195 |
| 3 | Additional applicant charge for an applicant who is less than 18 | $100 |
Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.
Note 2: Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant's application.
(b) the second instalment (payable before grant of visa) is nil.
(3) Other:
(a) An application must be made at the place and in the manner (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5).
(b) An applicant may be in or outside Australia, but not in immigration clearance.
(c) If an applicant is seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa, the applicant holds a regional provisional visa and has held that visa for at least 3 years.
(d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Permanent Residence (Skilled Regional) (Class PR) visa must be made at the same time as, and combined with, the application by that person.
(4) Subclasses:
191 (Permanent Residence (Skilled Regional))
5 After Part 190 of Schedule 2
Insert:
Subclass 191 -- Permanent Residence (Skilled Regional)
191.1--Interpretation
In this Part:
"income year " has the meaning given by the Income Tax Assessment Act 1997 .
"relevant income year " : an income year is a relevant income year for an applicant if:
(a) the income year ended before the date of application; and
(b) the applicant held a regional provisional visa for all or part of the income year.
taxable income has the meaning given by the Income Tax Assessment Act 1997 .
Note: For regional provisional visa , see regulation 1.03.
191.2--Primary criteria
Note 1: The primary criteria for the grant of a Subclass 191 visa must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021.
(2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 191 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 191 visa; and
(b) had turned 16 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 191 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 191 visa:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless it would be unreasonable to require the person to undergo assessment in relation to that criterion.
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 191 visa satisfies special return criteria 5001, 5002 and 5010.
(1) The applicant complied substantially with the conditions (other than condition 8579) to which the following visas were subject:
(a) the regional provisional visa held by the applicant at the time of application;
(b) any subsequent bridging visa held by the applicant.
(2) The applicant complied with condition 8579 to which the regional provisional visa held by the applicant at the time of application was subject unless the applicant is included in a class of persons specified in an instrument under subclause (3).
(3) The Minister may, by legislative instrument, specify a class of persons for the purposes of subclause (2).
(1) The applicant has provided copies of notices of assessment, and any notices of amended assessments, given to the applicant under the Income Tax Assessment Act 1936 in relation to 3 relevant income years for the applicant.
(2) The applicant's taxable income for each of those relevant income years is at least equal to the amount specified in an instrument under subclause (3) in relation to the applicant.
(3) The Minister may, by legislative instrument, specify an amount for the purposes of subclause (2) in relation to all applicants or different classes of applicants.
(4) Subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant's tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936 .
191.3--Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
The applicant:
(a) is a member of the family unit of a person (the visa holder ) who holds a Subclass 191 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the visa holder.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021.
(2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
The applicant satisfies special return criteria 5001, 5002 and 5010.
(1) The applicant complied substantially with the conditions (other than condition 8579) to which the following visas were subject:
(a) any substantive visa held by the applicant at the time of application;
(b) any subsequent bridging visa held by the applicant.
(2) If the applicant held a regional provisional visa at the time of application, the applicant complied with condition 8579 to which that visa was subject unless the applicant is included in a class of persons specified in an instrument under subclause (3).
(3) The Minister may, by legislative instrument, specify a class of persons for the purposes of subclause (2).
191.4--Circumstances applicable to grant
The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
191.5--When visa is in effect
Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.