The 475 & 476 Visas
The subclass 475 Skilled Regional Sponsored and the 476 Skilled Recognised Graduate visa (which form the Skilled (Provisional Class VF) sit oddly together.
The 475 has the maximum 45 year age requirement[1] but for the 476 the maximum age is 31[2].
The 475 is 3 year[3] offshore visa[4] the key criteria being achieving a 100 point score[5] and that the applicant is sponsored by either a state or territory authority or a relative ‘usually resident‘ in a designated area as far removed as a grandfather or first cousin. In reg. 475.111 a‘designated area means an area specified by.. an instrument in writing under item 6701 of Schedule 6 as a designated area.’
That instrument[6] makes the whole of Victoria (sic), SA, NT, ACT & Tasmania & the areas outside the capital cities in the other states and specifically these postcodes:
NSW (except Sydney, Newcastle & Wollongong), 2311 to 2312, 2328 to 2333, 2336 to 2490, 2535 to 2551, 2575 to 2739 & 2787 to 2898,
QLD (except Brisbane metropolitan area), 4019 to 4028, 4037 to 4050, 4079 to 4100, 4114, 4118, 4124 to 4150, 4158 to 4168 & 4180 to 4899
WA (except Perth metropolitan area) 6042 to 6044, 6126 & 6200 to 6799
Note the Surfers Paradise Gold Coast postcode is 4217 & hence is a designated area!
State or territory sponsorship gives an applicant 10 points which sponsorship by the relevant relative grants 25 points[7].
The conditions on the 475 are either 8539 if the applicant is sponsored by a state or territory authority or 8549 if sponsored by a relative. Here are the 2 conditions:
While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A, as in force:
(a) when the visa was granted; or
(b) if the holder has held more than 1 visa that is subject to this condition – when the first of those visas was granted.
While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6701 of Schedule 6, as in force:
(a) when the visa was granted; or
(b) if the holder has held more than 1 visa that is subject to this condition – when the first of those visas was granted.
The difference between the 2 conditions is the exclusion of Melbourne & surrounds in the 8539 as well as a wider area round the NSW, WA & Qld capital cities in 8549.
Thus sponsorship by a relative has much wider scope than state or territory sponsorship. The 475 can be renewed indefinitely.
The permanent residence pathway for both the 475 & 476 is these visas – the subclass 887 Skilled regional (see the discussion on this visa later in this journal), 855 labour agreement, 856 ENS & 857 Regional Sponsored Migration Scheme. Note that the restriction on applying for the 887 visa only after 2 years does not apply to those other visas.
Being an offshore visa the 475 is not restricted to a 50 plus occupation but any job on the Skilled Occupation list will do, but the skill assessment must be in place by time of application[8]. The applicant must has 12 months work experience in the previous 24 months or met the 2 year study requirement in the last 6 months[9].
The 476 recognised graduate visa on the other hand is restricted to engineering[10] graduates from specified offshore universities who completed their qualifications 2 years[11] prior to application. The universities are [ U means University]:
Europe
Imperial College London (UK), U of Leeds (UK), U of Nottingham (UK), U of Birmingham (UK), U of Portsmouth (UK), U of Southampton (UK), U of Manchester (UK), Camborne School of Mines (UK), Moscow State U (Russia), St Petersburg State U (Russia), Lulea U of Technology (Sweden), Technology U Aachen, (Germany), U of Hannover (Germany), Technical U of Clausthal (Germany), Technical U of Berlin (Germany)
North America
Canada
U of Toronto, McGill U, U of Alberta, Queen’s U, U of Laval, U of Waterloo, Laurentian U
USA
Arizona State U – Tempe, Pennsylvania State U – U Park, U of California – Berkeley , U of Nevada – Reno, Michigan Technological U, West Virginia U, Colorado School of Mines, U of Missouri – Roll , U of Idaho – Moscow, Montana College of Minerals Science & Technology, South Dakota School of Mines & Technology, U of Alaska, Virginia Polytechnic Institute & State U
U of San Luis Potosi (Mexico)
South America
U of Chile (Chile), Universidad Catolica del Norte – Antofagasta (Chile), U of Concepcion(Chile), Federal University of Minas Gerais(Brazil)
Middle East / Asia
American U of Beirut (Lebanon), American U of Sharjah (UAE), Middle East Technical U (Turkey), Istanbul Technical U (Turkey), Haceteppe U (Turkey), Dokuz Eylul U (Turkey), Amir Kabir U of Technology (Iran), U of Tehran (Iran), Tohoku U (Japan), China U of Mining & Technology – Beijing (China), Chongqing U (China), Tongji U (China), Tsinghua U (China), Shanghai U of Engineering Science (China), Shanghai Jiaotong U (China), Guangzhou U (China), Beijing Normal U (China), Beijing Petroleum U (China), Beijing U of Chemical Technology (China), U of Science & Technology – Beijing (China), Beijing U of Technology (formerly Beijing Polytechnic U) (China), Bandung Institute of Technology (Indonesia), U of Indonesia (Indonesia), National U of Singapore (Singapore), U of Malaya (Malaysia), Universiti Teknologi MARA (Malaysia), U of the Philippines (the Philippines), Indian Institute of Science – Bangalore (India)
Africa
U of the Witwatersrand (South Africa), U of Cape Town (South Africa), U of Pretoria (South Africa), Technikon South Africa (South Africa), U of Dar es Salaam (Tanzania)
It is an 18 month visa by policy and is a once only[12] visa but the applicant can apply for a subclass 485 Skilled Graduate visa (an 18 month visa policy). There are no restrictions on what the subclass 476 visa holder can do in Australia. He or she can work, study or play in Australia or a bit of each. There is no restriction on applying for other visas (ie 8503 can not be imposed).
[1] Sched 1 criteria paragraph 1228(3)(b)
[2] Sched 1 criteria paragraph 1228(3)(c)
[3] Reg 475.511
[4] Reg 475.412
[5] Reg 475.221
[6]Federal Register of Legislative Instruments (FRLI) F2007L02654,30.8.07 IMMI 07/060
[7] See Part 6B.11 & 6B.12 of Sched 6B
[8] Reg 475.212
[9] Reg 475.211
[10] Federal Register of Legislative Instruments (FRLI) F2007L02652, 30.8.07 IMMI 07/062
[11] Reg 476.212
[12] Reg 476.211