Subclass 476 — Skilled—Recognised Graduate

476.1—Interpretation

476.111

In this Part: completed, in relation to a degree, means having met the academic requirements for the award of the degree.

476.2—Primary criteria

Note: The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.

476.21—Criteria to be satisfied at time of application

476.211

The applicant:

(a) has not previously held a Subclass 476 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 (Temporary Graduate) visa that was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa.

476.212

The applicant has completed a course:

(a) in the period of 24 months ending immediately before the day on which the application is made; and

(b) at an institution specified by the Minister in an instrument in writing for this paragraph;

for the award of a degree or higher qualification in a discipline specified in an instrument in writing for this clause.

476.213

The application is accompanied by evidence that:

(a) the applicant:

(i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and

(ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in

accordance with the requirements (if any) specified by the Minister in the instrument; or

(b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph.

476.22—Criteria to be satisfied at time of decision

476.222

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

476.223

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

476.224

Each person who is a member of the family unit of the applicant, and who is also an applicant for a Subclass 476 visa, is a person who:

(d) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010 and 4020; and

(da) if the person had turned 18 at the time of application—satisfies public interest criterion 4019; and

(e) if the person has previously been in Australia—satisfies special return criteria 5001, 5002 and 5010.

476.225

If a person (the additional applicant):

(a) is a member of the family unit of the applicant; and

(b) is less than 18; and

(c) made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied for the additional applicant.

476.226

Grant of the visa would not result in either:

(a) the number of Subclass 476 visas granted in a financial year exceeding the maximum number of Subclass 476 visas, as determined 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 476) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

476.3—Secondary criteria

Note: These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

476.31—Criteria to be satisfied at time of application

476.311

The applicant:

(a) is a member of the family unit of a person who satisfies the primary criteria in Subdivision 476.21, and made a combined application with that person; or

(b) is a member of the family unit of a person who is the holder of a Skilled (Provisional) (Class VF) visa on the basis of satisfying the primary criteria for the grant of a Subclass 476 visa.

476.32—Criteria to be satisfied at time of decision

476.321

The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 476 visa.

476.322

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4010, 4020 and 4021; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

476.323

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

476.324

If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

476.4—Circumstances applicable to grant

476.411

(1) If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, may be in or outside Australia when the visa is granted.

(2) If the applicant who satisfied the primary criteria for the grant of the visa is not the holder of a Subclass 444 (Special Category) visa, the applicant and each applicant included in the application who made a combined application with the applicant, must be outside Australia when the visa is granted.

476.412

In any other case, an applicant may be in or outside Australia when the visa is granted. Note: The second instalment of the visa application charge must be paid before the visa can be granted.

476.5—When visa is in effect

476.511

Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

476.512

(1) Despite clause 476.511, a visa to which subclause (2) or (3) of this clause applies is a temporary visa permitting the holder to travel to, enter and remain in Australia until 14 April 2024.

(2) This subclause applies to a Subclass 476 visa at and after the end of the date (the original end date) specified by the Minister in relation to the visa as mentioned in clause 476.511 if:

(a) the visa was granted on the basis that the person to whom it was granted satisfied the primary criteria for the grant of the visa; and

(b) the person was outside Australia on a day to which all of the following subparagraphs apply:

(i) the day occurred on or before the original end date;

(ii) the day occurred between 1 February 2020 and 14 December 2021;

(iii) the visa was in effect on the day; and

(c) the original end date occurs before 14 April 2024; and

(d) the visa is not cancelled on or before the original end date.

(3) This subclause applies to a Subclass 476 visa held by a person if:

(a) the visa was granted on the basis that the person satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person who holds a visa (the primary visa) granted on the basis of satisfying the primary criteria for the grant of a Subclass 476 visa; and

(b) subclause (2) applies to the primary visa.

476.6—Conditions

476.611

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) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8502 may be imposed; and

(c) condition 8515 may be imposed.