Subclass 491 — Skilled Work Regional (Provisional)

491.1—Interpretation

Note 1: For competent English, designated regional area, registered course, relevant assessing authority and skilled occupation, see regulation 1.03. Note 2: There are no interpretation provisions specific to this Part.

491.2—Primary criteria

Note 1: The primary criteria for the grant of a Subclass 491 visa must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. Note 2: All criteria must be satisfied at the time a decision is made on the application.

491.211

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.

(2) If the applicant had turned 16 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 491 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.

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

(a) is an applicant for a Subclass 491 visa; and

(b) had turned 16 at the time of application;

satisfies public interest criterion 4019.

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

(a) is an applicant for a Subclass 491 visa; and

(b) has not turned 18;

satisfies public interest criteria 4015 and 4016.

(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 491 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) satisfies public interest criterion 4005, unless it would be unreasonable to require the person to undergo assessment in relation to that criterion.

491.212

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

491.213

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

491.214

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

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

491.215

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

491.216

(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 of Part 2, 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.

491.217

(1) If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn.

(2) If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in the following circumstances:

(a) the sponsor has turned 18;

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

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

(d) the sponsor is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 491 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;

(e) each member of the family unit of the applicant who is also an applicant for a Subclass 491 visa is sponsored by the sponsor.

491.3—Secondary criteria

Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.

491.311

The applicant is a member of the family unit of a person who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of the visa.

491.312

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.

(2) If the applicant had turned 16 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.

491.313

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

491.4—Circumstances applicable to grant

491.411

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.

491.5—When visa is in effect

491.511

(1) If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant.

(2) However, if:

(a) the visa is in effect on any day between 1 February 2020 and 14 December 2021; and

(b) the holder of the visa is outside Australia on that day; and

(c) disregarding this subclause, the visa is in effect on 18 February 2022;

the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 8 years from the date of grant.

491.512

(1) If:

(a) the applicant satisfies the secondary criteria for the grant of the visa (the secondary visa); and

(b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of that visa;

temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder’s visa.

(2) However, if:

(a) the primary visa holder’s visa is in effect on any day between 1 February 2020 and 14 December 2021; and

(b) the primary visa holder is outside Australia on that day; and

(c) the primary visa holder’s visa is in effect on 18 February 2022; and

(d) the secondary visa:

(i) is granted before 18 February 2022 and, disregarding this subclause, is in effect on 18 February 2022; or

(ii) is granted on or after 18 February 2022;

the secondary visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 8 years from the date of grant of the primary visa holder’s visa.

491.6—Conditions

491.611

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

(a) first entry must be made before the 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.

491.612

Conditions 8578, 8579, 8580 and 8581 must be imposed.