Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Regulation 1.03 (definition of registered course )
Omit "section 9", substitute "Division 3 of Part 2".
2 Sub-sub-subparagraph 1136(2)(a)(i)(F)(II) of Schedule 1
Omit "a Subclass 485 (Skilled -- Graduate) visa", substitute "a Subclass 485 (Temporary Graduate) visa".
3 Subparagraph 1136(5)(a)(ii) of Schedule 1
Omit "a Subclass 485 (Skilled -- Graduate) visa", substitute "a Subclass 485 (Temporary Graduate) visa".
4 Sub-subparagraph 1136(7)(a)(vi)(B) of Schedule 1
Omit "a Subclass 485 (Skilled -- Graduate) visa", substitute "a Subclass 485 (Temporary Graduate) visa".
5 Item 1229 of Schedule 1
Repeal the item, substitute:
1229. Skilled (Provisional) (Class VC)
(1) Forms: The form or forms specified by the Minister in an instrument in writing for this subitem.
(2) Visa application charge:
(a) First instalment (payable at the time application is made):
|
Charge |
||
|
Item |
Column 1 Applicant |
Column 2 Charge |
|
1 |
An applicant who seeks to satisfy the criteria for the grant of a Subclass 485 (Temporary Graduate) visa |
$1,250 |
|
2 |
An applicant who seeks to satisfy the criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa, and who holds: (a) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or (b) a Skilled -- Designated Area-sponsored (Provisional) (Class UZ) visa; or (c) a Subclass 475 (Skilled -- Regional Sponsored) visa; or (d) a Subclass 487 (Skilled -- Regional Sponsored) visa |
$280 |
|
3 |
Any other applicant |
$3,060 |
(b) Second instalment (payable before grant of visa):
|
Charge |
|||
|
Item |
Column 1 Applicant |
Column 2 Charge |
|
|
1 |
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 (c) is assessed as not having functional English; 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 |
$4,250 |
|
|
2 |
Any other applicant |
Nil |
|
(3) Other:
(a) An application by a person seeking to satisfy the primary criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa must be made before 1 January 2013.
(b) An application by a person seeking to satisfy the secondary criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa must be made before 1 July 2012.
(c) An 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.
(d) If an applicant:
(i) is not seeking to satisfy the criteria for the grant of a Subclass 485 (Temporary Graduate) visa; and
(ii) has not nominated a skilled occupation specified by the Minister in an instrument in writing for paragraph (e);
the applicant's skills must have been assessed by the relevant assessing authority as suitable for the applicant's nominated skilled occupation.
(e) If an applicant:
(i) is not seeking to satisfy the criteria for the grant of a Subclass 485 (Temporary Graduate) visa; and
(ii) has nominated a skilled occupation specified by the Minister in an instrument in writing for this paragraph;
the applicant's skills must have been assessed by the relevant assessing authority, on or after 1 January 2010, as suitable for the applicant's nominated skilled occupation.
(f) An applicant claiming to be a member of the family unit 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.
(g) An applicant to whom paragraph (f) does not apply must be in Australia, but not in immigration clearance, when making his or her application.
(h) An application by a person claiming to be a member of the family unit 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.
(i) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa must meet the requirements of subitem (3A) or (3B).
(j) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must nominate only one stream to which the application relates.
(k) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this paragraph.
(l) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa in the Post-Study Work stream:
(i) must hold a Student Temporary (Class TU) visa that:
(A) was granted on the basis of an application made on or after 5 November 2011; and
(B) is the first Student Temporary (Class TU) visa that the applicant has held; or
(ii) must have held a Student Temporary (Class TU) visa that:
(A) was granted on the basis of an application made on or after 5 November 2011; and
(B) was the first Student Temporary (Class TU) visa that the applicant had held.
(m) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa must meet the requirements of subitem (4) .
(n) An applicant who is seeking to satisfy the criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa must also meet t he requirements of subitem (4), (5), (6), (7) or (9) .
(3A) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa must be nominated by a State or Territory government agency.
(3B) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa must meet all of the following requirements:
(a) the applicant is 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;
(b) the applicant has declared on the application that the sponsor:
(i) is usually resident in a designated area of Australia; and
(ii) is related to the applicant, or the applicant's spouse or de facto partner (if the applicant's spouse or de facto partner is also seeking to satisfy the criteria for a Subclass 487 (Skilled -- Regional Sponsored) visa), as:
(A) a parent; or
(B) a child or step-child; or
(C) a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; 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; or
(F) a grandparent or first cousin;
(c) each person who:
(i) is an applicant; and
(ii) claims to be a member of the family unit of the applicant;
is sponsored by the same person;
(d) the sponsorship was entered into on Form 1277 (Internet) or Form 1277.
Note: For designated area , see regulation 1.03.
(4) The following requirements must be met:
(a) one of the following subparagraphs must be satisfied by the applicant:
(i) the applicant holds an eligible student visa;
(ii) the applicant must hold 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 one 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 the Commonwealth, the government of a State or Territory, the government of a foreign country or 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 the AusAID Minister or 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 at any time during the period of 6 months ending immediately before the day on which the application is made;
(iii) the applicant must:
(A) hold a substantive visa other than a visa mentioned in sub-subparagraphs (ii) (A) to (F); and
(B) have held an eligible student visa at any time 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 must be less than 50.
(5) If the applicant is seeking to satisfy the criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa:
(a) the applicant must hold:
(i) a Subclass 476 (Skilled -- Recognised Graduate) visa; or
(ii) a Subclass 485 (Temporary Graduate) visa; and
(b) if the applicant is seeking to satisfy the primary criteria for the grant of the visa, the applicant 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 for the applicant that is specified by the Minister in an instrument in writing for this subparagraph.
(6) If the applicant is seeking to satisfy the criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa:
(a) the applicant must hold a Subclass 471 (Trade Skills Training) visa; and
(b) if the applicant is seeking to satisfy the primary criteria for the grant of the visa, the applicant:
(i) must have held, 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 50; and
(iii) must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this subparagraph.
(7) If the applicant is seeking to satisfy the criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa:
(a) the applicant must hold:
(i) a Subclass 417 (Working Holiday) visa; or
(ii) a Subclass 442 (Occupational Trainee) visa that was granted on the basis of satisfying the primary criteria for that visa; and
(b) if the applicant is seeking to satisfy the primary criteria for the grant of the visa, the applicant:
(i) must be less than 50; and
(ii) must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing for this subparagraph.
(9) If the applicant is seeking to satisfy the criteria for the grant of a Subclass 487 (Skilled -- Regional Sponsored) visa, the applicant must claim to be a member of the family unit 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:
Subclass 485 (Temporary Graduate)
Subclass 487 (Skilled -- Regional Sponsored).
6 Paragraph 202.222(2)(a) of Schedule 2
Omit "persecution", substitute "discrimination".
7 Paragraph 202.222(2)(c) of Schedule 2
Omit "persecution", substitute "discrimination".
8 Paragraph 476.211(b) of Schedule 2
Omit "a Subclass 485 (Skilled -- Graduate) visa", insert "a Subclass 485 (Temporary Graduate) visa".
9 Part 485 of Schedule 2
Repeal the Part, substitute:
Subclass 485 -- Temporary Graduate
In this Part:
"degree" has the same meaning as in subregulation 2.26AC(6).
"diploma" has the same meaning as in subregulation 2.26AC(6).
"trade qualification" has the same meaning as in subregulation 2.26AC(6).
Note 1: Regulation 1.03 provides that Australian study requirement has the meaning set out in regulation 1.15F.
Note 2: Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
Note 3: For registered course , relevant assessing authority and skilled occupation , see regulation 1.03.
Note: The primary criteria for the grant of a Subclass 485 visa include criteria set out in streams.
If an applicant applies for a Subclass 485 visa in the Graduate Work stream, the criteria in Subdivisions 485.21 and 485.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 485 visa in the Post-Study Work stream, the criteria in Subdivisions 485.21 and 485.23 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit.
The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application, unless otherwise stated.
Note: These criteria are for all applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa.
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.
When the application was made, it was accompanied by evidence that the applicant had competent English.
When the application was made, it was accompanied by evidence that:
(a) the applicant; and
(b) each person included in the application who is at least 16;
had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made.
When the application was made, it was accompanied by evidence that:
(a) the applicant; and
(b) each person included in the application;
had made arrangements to undergo a medical examination for the purpose of the application .
(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.
(2) The applicant has had adequate arrangements in Australia for health insurance since the time the application was made.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 485 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criteria 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) has not turned 18; and
(c) made a combined application with the applicant;
satisfies public interest criteria 4015 and 4016.
(1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 485 visa; and
(b) has previously been in Australia;
satisfies special return criteria 5001, 5002 and 5010.
Grant of the visa would not result in either:
(a) the number of Subclass 485 visa s granted in a financial year exceeding the maximum number of Subclass 485 visas specified 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, specified by the Minister in an instrument in writing for this paragraph , that may be granted in that financial year.
485.22 -- Criteria for Graduate Work stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream.
The applicant satisfied the Australian study requirement in the period of 6 months immediately before the day the application was made.
Each degree, diploma or trade qualification used to satisfy the Australian study requirement is closely related to the applicant's nominated skilled occupation.
When the application was made, it was accompanied by evidence that the applicant had applied for an assessment of the applicant's skills for the nominated skilled occupation by a relevant assessing authority.
(1) The skills of the applicant for the applicant's nominated skilled occupation have been assessed by a relevant assessing authority as suitable for that occupation.
(2) If the applicant's skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
485.23 -- Criteria for Post-Study Work stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for the grant of a Subclass 485 visa in the Post-Study Work stream.
(1) The applicant holds a qualification or qualifications of a kind specified by the Minister in an instrument in writing for this subclause.
(2) Each qualification was conferred or awarded by an educational institution specified by the Minister in an instrument in writing for this subclause.
(3) The applicant's study for the qualification or qualifications satisfied the Australian study requirement in the period of 6 months ending immediately before the day the application was made.
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 who holds a Subclass 485 visa granted on the basis of satisfying the primary criteria for the grant of the visa, and made a combined application with that person; or
(b) is a member of the family unit of a person who holds a Skilled (Provisional) (Class VC) visa on the basis of satisfying the primary criteria for the grant of a Subclass 485 visa.
(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.
(2) The applicant has had adequate arrangements in Australia for health insurance since the time the application was made.
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
485.4 -- Circumstances applicable to grant
(1) The applicant who satisfies the primary criteria for the grant of the visa must be in Australia when the visa is granted.
(2) Each applicant who made a combined application with the applicant who satisfies the primary criteria for the grant of the visa must be in Australia when the visa is granted.
(3) In any other case, the applicant may be in or outside Australia when the visa is granted.
485.5 -- When visa is in effect
Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
Condition 8501 must be imposed.
If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before a date specified by the Minister for the purpose; and
(b) condition 8515 may be imposed.
10 Paragraph 487.212(3)(b) of Schedule 2
Omit "a Subclass 485 (Skilled -- Graduate) visa", substitute "a Subclass 485 (Temporary Graduate) visa".
11 Subparagraph 572.211(2)(d)(iia) of Schedule 2
Repeal the subparagraph, substitute:
(iia) Subclass 485 (Temporary Graduate);
12 Sub-subparagraph 572.227(c)(iii)(BA) of Schedule 2
Repeal the sub-subparagraph, substitute:
(BA) Subclass 485 (Temporary Graduate);
13 Subparagraph 572.312(2)(d)(iia) of Schedule 2
Repeal the subparagraph, substitute:
(iia) Subclass 485 (Temporary Graduate);
14 Subparagraph 573.211(2)(d)(iia) of Schedule 2
Repeal the subparagraph, substitute:
(iia) Subclass 485 (Temporary Graduate);
15 Sub-subparagraph 573.227(c)(iii)(BA) of Schedule 2
Repeal the sub-subparagraph, substitute:
(BA) Subclass 485 (Temporary Graduate);
16 Subparagraph 573.312(2)(d)(iia) of Schedule 2
Repeal the subparagraph, substitute:
(iia) Subclass 485 (Temporary Graduate);
17 Subparagraph 574.211(2)(d)(iia) of Schedule 2
Repeal the subparagraph, substitute:
(iia) Subclass 485 (Temporary Graduate);
18 Sub-subparagraph 574.227(c)(iii)(BA) of Schedule 2
Repeal the sub-subparagraph, substitute:
(BA) Subclass 485 (Temporary Graduate);
19 Subparagraph 574.312(2)(d)(iia) of Schedule 2
Repeal the subparagraph, substitute:
(iia) Subclass 485 (Temporary Graduate);
20 Paragraph 855.212(4)(f) of Schedule 2
Repeal the paragraph, substitute:
(f) a Subclass 485 (Temporary Graduate) visa.
21 Paragraph 885.211(3)(b) of Schedule 2
Omit "a Subclass 485 (Skilled -- Graduate) visa", substitute "a Subclass 485 (Temporary Graduate) visa".
22 Paragraph 886.211(3)(b) of Schedule 2
Omit "a Subclass 485 (Skilled -- Graduate) visa", substitute "a Subclass 485 (Temporary Graduate) visa".