Schedule 2 Criteria

Website And PAM Do Not Bind Immigration

Must Be Present In Australia To Apply For A Subclass 485 Visa

Application Made

Some Recent Practice Decisions & Practice Points

Preamble

NSW Sponsorship Subclass 190 Visa

Various State & Territory Criteria

Priority Group 5

The End of Subclass 175, 176 and 475

Take the exam

489.1—Interpretation

Note 1: For designated area, registered course, relevant assessing authority and skilled occupation: see regulation 1.03.

Note 2: Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.

Note 3: There are no interpretation provisions specific to this Part.

489.2—Primary criteria

Note: The primary criteria for the grant of a Subclass 489 visa include criteria set out in streams.

If an applicant applies for a Subclass 489 visa in the First Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.22 are the primary criteria for the grant of the visa.

If an applicant applies for a Subclass 489 visa in the Second Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.23 are the primary criteria.

The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds one of the following visas on the basis of satisfying the primary criteria:

a Skilled—Independent Regional (Class UX) visa;
a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
a Subclass 475 (Skilled—Regional Sponsored) visa;
a Subclass 487 (Skilled—Regional Sponsored) visa.

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.

489.21—Common criteria

Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 489 visa.

489.211

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 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 489 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.

(4) Each member of the family unit of the primary applicant who:

(a) is an applicant for a Subclass 489 visa; and

(b) had turned 18 at the time of application;

satisfies public interest criterion 4019.

(5) Each member of the family unit of the primary applicant who:

(a) is an applicant for a Subclass 489 visa; and

(b) has not turned 18;

satisfies public interest criteria 4015 and 4016.

(6) Each member of the family unit of the primary applicant who is not an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.

489.212

(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 489 visa satisfies special return criteria 5001, 5002 and 5010.

489.22—Criteria for First Provisional Visa stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the First Provisional Visa stream.

489.221

The applicant was invited, in writing, by the Minister to apply for the visa.

489.222

(1) At the time of invitation to apply for the visa:

(a) the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and

(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and

(c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

(2) If the assessment was made 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.

489.223

At the time of invitation to apply for the visa, the applicant had competent English.

489.224

(1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.

(2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.

Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.

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

489.225

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

(2) The nominating State or Territory government agency has not withdrawn the nomination.

(3) The Minister has accepted the sponsorship of the applicant by a person in the following circumstances:

(a) the person has turned 18; and

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

(d) the person is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is an applicant for a Subclass 489 visa), as:

(i) a parent; or

(ii) a child or step‑child; or

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

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

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

(vi) a grandparent; or

(vii) a first cousin;

(e) each member of the family unit of the applicant who is an applicant for a Subclass 489 visa is sponsored by that person.

489.226

(1) The applicant satisfies public interest criterion 4005.

(2) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa satisfies public interest criterion 4005.

(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

489.23—Criteria for Second Provisional Visa stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the Second Provisional Visa stream.

489.231

(1) If the applicant has previously held one of the following visas:

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

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

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

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

(2) Each member of the family unit of the applicant who is an applicant for a Subclass 489 visa, and who has previously held a visa mentioned in subclause (1), has substantially complied with the conditions to which the visa mentioned in subclause (1) was subject.

489.232

(1) The applicant satisfies public interest criterion 4007.

(2) Each person who is a member of the family unit of the applicant, and is an applicant for a Subclass 489 visa, satisfies public interest criterion 4007.

(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 489 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

489.3—Secondary criteria

Note: These criteria are for applicants who are members of the family unit of a person who:

(a) satisfies the primary criteria; or

(b) holds one of the following visas on the basis of satisfying the primary criteria:

a Skilled—Independent Regional (Provisional) (Class UX) visa;
a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
a Subclass 475 (Skilled—Regional Sponsored) visa;
a Subclass 487 (Skilled—Regional Sponsored) visa.

All criteria must be satisfied at the time a decision is made on the application.

489.31—Criteria

489.311

The applicant is a member of the family unit of a person (the primary applicant) who holds any of the following visas granted on the basis of satisfying the primary criteria:

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

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

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

(e) a Subclass 489 (Skilled—Regional (Provisional)) visa.

489.312

If the applicant previously held:

(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 of that visa.

489.313

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 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.

(4) If the primary applicant holds a Subclass 489 visa in the Second Provisional Visa stream, the applicant satisfies public interest criterion 4007.

(5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.

489.314

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

489.4—Circumstances applicable to grant

489.411

The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

Note: The second instalment of visa application charge must be paid before the visa can be granted.

489.5—When visa is in effect

489.511

If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the First Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years from the date of grant.

489.512

If the applicant satisfied the primary criteria for the grant of a Subclass 489 visa in the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia for 4 years after the date of grant of the provisional visa the applicant held at the time of application.

489.513

If the applicant is a member of the family unit of a person who holds a Subclass 489 visa in the First Provisional Visa stream or the Second Provisional Visa stream, temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria.

489.514

If the applicant is a member of the family unit of a person who holds:

(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;

temporary visa permitting the holder to travel to, enter and remain in Australia until the day specified for the applicant who satisfied the primary criteria for the grant of the visa mentioned in paragraph (a), (b), (c) or (d).

489.6—Conditions

489.611

If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government agency, condition 8539 must be imposed.

489.612

If the applicant who satisfied the primary criteria for the grant of the visa was sponsored by a person, condition 8549 must be imposed.

489.613

(1) If condition 8539 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8539 must be imposed.

(2) If:

(a) an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and

(b) the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8539 has been imposed;

condition 8539 must be imposed.

489.614

(1) If condition 8549 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8549 must be imposed.

(2) If:

(a) an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and

(b) the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8549 has been imposed;

condition 8549 must be imposed.

489.615

If the applicant is outside Australia when the visa is granted:

(a) first entry must be made before a date specified by the Minister; and

(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.

The subclass 489 visa also becomes a prerequisite visa for the 885, 886 and 887 GSM visas.

Barbara DavidsonNovember 16, 2017

Schedule 2 Criteria

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