Skilled Work Regional (Provisional) (Class PS)

(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):

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) second instalment (payable before grant of visa):

Second instalment Item Applicant Amount 1 Applicant who: $4,890

(a) was at least 18 at the time of application; and

(b) is assessed as not having functional English

2 Any other applicant 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) 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.

(d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled Work Regional (Provisional) (Class PS) visa may be made at the same time as, and combined with, an application by that person.

(4) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 491 (Skilled Work Regional (Provisional)) visa must meet the requirements in the table.

Requirements for applicants seeking to satisfy primary criteria Item Requirements 1 The applicant must have been invited, in writing, by the Minister to apply for the visa 2 The applicant must apply for that visa within the period stated in the invitation 3 The applicant must not have turned 45 at the time of the invitation to apply for the visa 4 The applicant must nominate a skilled occupation:

(a) that is specified in an instrument under subitem (5) at the time of the invitation; and

(b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and

Requirements for applicants seeking to satisfy primary criteria Item Requirements

(c) for which the applicant declares in the application that the applicant’s skills have been assessed as suitable by the relevant assessing authority for that occupation and that the assessment is not for a Subclass 485 (Temporary Graduate) visa

5 The applicant:

(a) is nominated by a State or Territory government agency and that nomination has not been withdrawn; or

(b) declares in the application that the applicant is sponsored by a person who:

(i) has turned 18; and

(ii) is an Australian citizen, Australian permanent resident or eligible New Zealand citizen

6 If the applicant declares in the application that the applicant (the primary applicant) is sponsored by a person (the sponsor) mentioned in paragraph (b) of item 5 of this table, the applicant also declares that:

(a) the sponsor is usually resident in a designated regional area; and

(b) the sponsor is related to the primary applicant, or the primary applicant’s spouse or de facto partner (if the primary applicant’s spouse or de facto partner is also an applicant for the grant of a Subclass 491 (Skilled Work (Provisional)) 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; or

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

(vi) a grandparent; or

(vii) a first cousin; and

(c) each person who is also an applicant for the grant of a Subclass 491 (Skilled Work (Provisional)) visa, and claims to be a member of the family unit of the primary applicant, is sponsored by the sponsor

7 The applicant declares in the application that each of the following has a genuine intention to live, work and study in a designated regional area:

(a) the applicant;

(b) each person who is also an applicant for the grant of a Subclass 491 (Skilled Work Regional (Provisional)) visa and claims to be a member of the family unit of the applicant

(5) The Minister may, by legislative instrument, specify skilled occupations for the purposes of item 4 of the table in subitem (4).