Skills in Demand (Class GK)

(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):

(i) for an applicant who is in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5), the amount is nil; and

(ii) for any other applicant:

(b) the second instalment (payable before grant of visa) is nil.

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.

(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).

(c) An applicant for a Subclass 482 (Skills in Demand) visa may be in or outside Australia, but not in immigration clearance.

(d) An applicant in Australia must hold:

(i) a substantive visa; or

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

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

(iv) a Subclass 030 (Bridging C) visa.

(e) An application by an applicant who:

(i) seeks to satisfy the secondary criteria for the grant of a Subclass 482 (Skills in Demand) visa; and

(ii) claims to be a member of the family unit of a person who seeks to satisfy the primary criteria for the grant of a Subclass 482 (Skills in Demand) visa (the primary applicant);

may be made at the same time and place as, and combined with, an application by the primary applicant or any other applicant who claims to be a member of the family unit of the primary applicant.

(f) If the applicant seeks to satisfy the primary criteria for the grant of a Subclass 482 (Skills in Demand) visa:

(i) a person must have nominated a proposed occupation (the nominated occupation) in relation to the applicant for a Subclass 482 (Skills in Demand) visa in a stream; and

(ii) the application must be for a Subclass 482 (Skills in Demand) visa in the stream for which the nominated occupation was nominated; and

(iii) the application must identify the nomination; and

(iv) one of the following must apply:

(A) the nomination has been approved under section 140GB of the Act and the approval of the nomination has not ceased under regulation 2.75;

(B) a decision in respect of the nomination has not been made under section 140GB of the Act; and

(v) the person who made the nomination must not be the subject of a bar under section 140M of the Act.

(g) If:

(i) the application is by a person seeking to satisfy the primary criteria for the grant of a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream; and

(ii) the nominated occupation in relation to the applicant is specified in a legislative instrument made by the Minister for the purposes of this paragraph; and

(iii) the applicant is in a class of persons specified in the legislative instrument for the occupation; then:

(iv) the relevant assessing authority for the occupation must have assessed the applicant’s skills as suitable for that occupation within the period specified in the legislative instrument; or

(v) both of the following must apply:

(A) the applicant has made an arrangement with the relevant assessing authority for the occupation to assess the applicant’s skills;

(B) the relevant assessing authority has not completed the assessment.

(h) Paragraph (g) does not limit subclause 482.221(2) or (3) or 482.231(2) or

(3) of Schedule 2.