Migration Amendment Regulations 2007 (No. 7) (Cth)
Migration Amendment Regulations 2007 (No. 7)1
Select Legislative Instrument 2007 No. 257
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.
Dated 22 August 2007
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
KEVIN ANDREWS
Minister for Immigration and Citizenship
Contents
1Name of Regulations 2
2Commencement 2
3Amendment of Migration Regulations 1994 3
4Amendment of Migration Regulations 1994 3
Schedule 1Amendments relating to general skilled migration visas — commencing on 1 September 2007 4
Part 1General amendments of the Migration Regulations 1994 4
Part 2General amendments of the Migration Regulations 1994 17
Part 3Amendments of Schedule 2 to the Migration Regulations 1994 40
Part 4Amendments relating to other Schedules 116
Schedule 2Amendments relating to general skilled migration visas — commencing on 1 January 2008 128
-
Name of Regulations
These Regulations are the Migration Amendment Regulations 2007 (No. 7).
-
Commencement
These Regulations commence as follows:
(a)on 1 September 2007 — regulations 1 to 3 and Schedule 1;
(b)on 1 January 2008 — regulation 4 and Schedule 2.
-
Amendment of Migration Regulations 1994
(1)Schedule 1 amends the Migration Regulations 1994.
(2)The amendments made by Schedule 1 apply in relation to an application for a visa made on or after 1 September 2007.
-
Amendment of Migration Regulations 1994
(1)Schedule 2 amends the Migration Regulations 1994.
(2)The amendments made by Schedule 2 apply in relation to an application for a visa:
(a)made but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 January 2008; or
(b)made on or after 1 January 2008.
Schedule 1 Amendments relating to general skilled migration visas — commencing on 1 September 2007
(regulation 3)
Part 1 General amendments of the Migration Regulations 1994
[1] Regulation 1.03, before definition of ACCESS test
insert
2 year study requirement has the meaning given by regulation 1.15F.
[2] Regulation 1.03, after definition of competent authority
insert
competent English has the meaning given by regulation 1.15C.
concessional competent English has the meaning given by regulation 1.15E.
[3] Regulation 1.03, after definition of eligible New Zealand citizen
insert
eligible student visa means a student visa other than:
(a)a Subclass 560 (Student) visa granted to:
(i)the applicant as a person who satisfied the primary criteria for that visa (the primary person) in relation to undertaking:
(A)a registered English language course or an ELICOS; or
(B)a course of study:
(I)paid for wholly or in part by the Commonwealth, the government of a State or Territory, the government of a foreign country or a multilateral agency; and
(II)for which a condition of payment by that body for the course is that the student will leave Australia on the completion of the course; or
(C)a full‑time course of study or training under a scholarship scheme or training program:
(I)approved by the AusAID Minister or the Defence Minister; and
(II)for which it is a condition of that scheme or program that the student will leave Australia on the completion of the course; or
(D)a non‑award course; or
(ii)the applicant as a member of the family unit of the primary person; or
(b)a Subclass 562 (Iranian Postgraduate Student), 563 (Iranian Postgraduate Student Dependent), 572 (Vocational Education and Training Sector), 573 (Higher Education Sector) or 574 (Postgraduate Research Sector) visa granted to:
(i)the applicant as a person who satisfied the primary criteria for the visa (the primary person) in relation to undertaking a course mentioned in sub‑subparagraph (a) (i) (B) or (C); or
(ii)the applicant as a member of the family unit of the primary person; or
(c)a Subclass 570 (Independent ELICOS Sector) visa; or
(d)a Subclass 571 (Schools Sector) visa; or
(e)a Subclass 575 (Non‑Award Sector) visa; or
(f)a Subclass 576 (AusAID or Defence Sector) visa.
[4] Regulation 1.03, after definition of Gazette Notice
insert
General Skilled Migration visa means a Subclass 175, 176, 475, 476, 485, 487, 885, 886 or 887 visa, granted at any time.
[5] Regulation 1.03, after definition of prescribed form
insert
proficient English has the meaning given by regulation 1.15D.
[6] Regulation 1.03, definition of skilled occupation
substitute
skilled occupation means an occupation that is specified by the Minister in an instrument in writing for this definition as a skilled occupation for which a number of points specified in that instrument are available.
[7] Paragraph 1.09A (2) (d)
omit
, or Partner (Temporary) (Class UK) visa
insert
, Partner (Temporary) (Class UK) visa or a General Skilled Migration visa
[8] After subregulation 1.12 (8)
insert
(9)In addition to subregulation (1), a person is a member of the family unit of:
(a)an applicant for an Employer Nomination (Residence) (Class BW) visa who seeks to satisfy the primary criteria for the grant of a Subclass 857 (Regional Sponsored Migration Scheme) visa; or
(b)an applicant for a Skilled (Residence) (Class VB) visa who seeks to satisfy the primary criteria for the grant of a Subclass 887 (Skilled — Regional) visa; or
(c)an applicant for a Skilled (Provisional) (Class VC) visa who seeks to satisfy the primary criteria for the grant of a Subclass 487 (Skilled — Regional Sponsored) visa;
if, at the time of application:
(d)the person is the holder of:
(i)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii)a Bridging A (Class WA) visa or Bridging B (Class WB) visa granted on the basis of a valid application for a Skilled — Independent Regional (Provisional) (Class UX) visa or a Skilled (Provisional) (Class VC) visa; or
(iii)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iv)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(v)a Subclass 487 (Skilled — Regional Sponsored) visa; and
(e)the visa mentioned in paragraph (d) was granted on the basis that the person was a member of the family unit of the visa holder who satisfied the primary criteria and the person is included in the application for:
(i)a Skilled (Residence) (Class VB) visa; or
(ii)a Skilled (Provisional) (Class VC) visa; or
(iii)an Employer Nomination (Residence) (Class BW) visa.
[9] Paragraph 1.15A (2) (d)
omit
, or a Partner (Temporary) (Class UK) visa
insert
, a Partner (Temporary) (Class UK) visa, or a General Skilled Migration visa
[10] Subregulation 1.15B (1)
omit
subregulations (2), (3) and (4)
insert
subregulations (2), (3), (4) and (5)
[11] Subregulation 1.15B (3)
after
a visa
insert
(other than a General Skilled Migration visa)
[12] Subregulation 1.15B (4)
after
a visa
insert
(other than a General Skilled Migration visa)
[13] After subregulation 1.15B (4)
insert
(5)If a person applies for a General Skilled Migration visa, the person has vocational English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:
(a)an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening; or
(b)a score:
(i)specified by the Minister in an instrument in writing for this subparagraph; and
(ii)in a language test specified by the Minister in the instrument.
[14] After regulation 1.15B
insert in Division 1.2
1.15CCompetent English
If a person applies for a General Skilled Migration visa, the person has competent English if the person satisfies the Minister that the person:
(a)has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:
(i)an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening; or
(ii)a score:
(A)specified by the Minister in an instrument in writing for this sub‑subparagraph; and
(B)in a language test specified by the Minister in the instrument; or
(b)holds a passport of a type specified by the Minister in an instrument in writing for this paragraph.
1.15DProficient English
If a person applies for a General Skilled Migration visa, the person has proficient English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:
(a)an IELTS test score of at least 7 for each of the 4 test components of speaking, reading, writing and listening; or
(b)a score:
(i)specified by the Minister in an instrument in writing for this subparagraph; and
(ii)in a language test specified by the Minister in the instrument.
1.15EConcessional competent English
If a person applies for a General Skilled Migration visa, the person has concessional competent English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:
(a)an IELTS test average band score of at least 5.5 for the 4 test components of speaking, reading, writing and listening; or
(b)a score:
(i)specified by the Minister in an instrument in writing for this subparagraph; and
(ii)in a language test specified by the Minister in the instrument.
1.15F2 year study requirement
(1)A person satisfies the 2 year study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:
(a)that are registered courses; and
(b)that were completed in a total of at least 16 calendar months; and
(c)that were completed as a result of a total of at least 2 academic years study; and
(d)for which all instruction was conducted in English; and
(e)that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.
(2)In subregulation (1), degree, diploma and trade qualification have the meanings given in subregulation 2.26A (6).
[15] After subregulation 2.05 (5)
insert
(5A)For subsection 41 (2A) of the Act, further circumstances in which the Minister may waive condition 8534 in relation to a visa are that the holder of the visa:
(a)has completed the course for which the visa was granted; and
(b)has a genuine intention to apply for a General Skilled Migration visa.
[16] Regulation 2.07AG
substitute
2.07AGApplications for certain substantive visas by persons for whom condition 8534 has been waived under subregulation 2.05 (5) or (5A)
For section 46 of the Act, an application for a substantive visa by a person for whom condition 8534 has been waived under subregulation 2.05 (5) or (5A) is a valid application only if the application is for a Class VB or Class VC visa.
[17] Regulation 2.08A, heading
substitute
2.08AAddition of certain applicants to certain applications for permanent visas
[18] Paragraphs 2.08A (1) (b) and (c)
substitute
(b)after the application is made, but before it is decided, the Minister receives, in writing and in accordance with Division 2.3, a request from the original applicant to have:
(i)the spouse; or
(ii)a dependent child; or
(iii)the interdependent partner; or
(iv)a dependent child of the interdependent partner;
of the original applicant (the additional applicant) added to the original applicant’s application; and
(c)the request includes a statement that the original applicant claims that the additional applicant is:
(i)the spouse; or
(ii)a dependent child; or
(iii)the interdependent partner; or
(iv)a dependent child of the interdependent partner;
as the case requires, of the original applicant; and
[19] Paragraph 2.08A (2A) (e)
omit
the application.
insert
the application; or
[20] After paragraph 2.08A (2A) (e)
insert
(f)a Skilled (Residence) (Class VB) visa.
[21] Regulation 2.08B, heading
substitute
2.08BAddition of certain dependent children to certain applications for temporary visas
[22] Subparagraph 2.08B (1) (a) (ix)
omit
visa; and
insert
visa; or
[23] After subparagraph 2.08B (1) (a) (ix)
insert
(x)a Skilled (Provisional) (Class VC) visa; or
(xi)a Skilled (Provisional) (Class VF) visa; or
(xii)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; and
[24] Paragraph 2.08B (1) (b)
substitute
(b)the Minister receives, in writing in accordance with Division 2.3, a request from the original applicant to have:
(i)a dependent child; or
(ii)the dependent child of the interdependent partner;
of the original applicant (the dependent child) added to the original applicant’s application; and
[25] Paragraph 2.08B (1) (c)
substitute
(c)the request includes a statement that the original applicant claims that the dependent child is:
(i)the dependent child; or
(ii)the dependent child of the interdependent partner of the original applicant;
as the case requires, of the original applicant; and
[26] After regulation 2.26A
insert
2.26AAPrescribed qualifications and number of points for General Skilled Migration visas
(1)This regulation applies to an applicant for a General Skilled Migration visa.
(2)For subsection 93 (1) of the Act (which deals with determination of an applicant’s points score) each qualification in column 2 of an item in Parts 6B.1 to 6B.12 of Schedule 6B is prescribed as a qualification in relation to the grant, to the applicant, of any of the following visas:
(a)a Subclass 175 (Skilled — Independent) visa;
(b)a Subclass 176 (Skilled — Sponsored) visa;
(c)a Subclass 475 (Skilled — Regional Sponsored) visa;
(d)a Subclass 487 (Skilled — Regional Sponsored) visa;
(e)a Subclass 885 (Skilled — Independent) visa;
(f)a Subclass 886 (Skilled — Sponsored) visa.
(3)The number of points prescribed for a qualification specified in column 2 of an item of Schedule 6B is specified in column 3 of the item.
(4)For subsection 93 (1) of the Act, the Minister:
(a)must not give the applicant a prescribed number of points for more than 1 prescribed qualification in each Part of Schedule 6B; and
(b)must give the applicant (if the applicant’s circumstances satisfy more than 1 prescribed qualification) the prescribed number of points that is the highest for any such prescribed qualification; and
(c)must not give the applicant a prescribed number of points for item 6B12 or 6B13 in Part 6B.1 of Schedule 6B unless:
(i)in the case of item 6B12 — the applicant is assessed by the relevant assessing authority as holding a degree that is equivalent to a degree of an Australian tertiary educational institution; and
(ii)in the case of item 6B13 — the applicant is assessed by the relevant assessing authority as holding a diploma or advanced diploma that is equivalent to a diploma or advanced diploma of an Australian educational institution.
(5)In working out the number of points to be given to an applicant for Part 6B.7 of Schedule 6B, the Minister must have regard to whichever of the following is more favourable to the applicant:
(a)the occupations that were specified as migration occupations in demand at the time the application was made;
(b)the occupations that are specified as migration occupations in demand at the time the assessment mentioned in subsection 93(1) of the Act is made.
(6)In Schedule 6B:
degree has the meaning given by subregulation 2.26A (6).
diploma has the meaning given by subregulation 2.26A (6).
employed has the meaning given by subregulation 2.26A (7).
professional year means a course specified by the Minister in an instrument in writing for this definition.
trade qualification has the meaning given by subregulation 2.26A (6).
[27] Regulation 2.27B
omit
[28] After regulation 2.27C
insert
2.27DStudy in Australia
In determining whether an applicant satisfies a criterion for the grant of a General Skilled Migration visa that the applicant has studied in Australia for a certain period, a period of study cannot be counted unless the applicant:
(a)held:
(i)a substantive visa; or
(ii)a Subclass 010 (Bridging A) visa; or
(iii)a Subclass 020 (Bridging B) visa;
authorising him or her to study during that period; and
(b)complied with the conditions of that visa.
Part 2 General amendments of the Migration Regulations 1994
[29] Subparagraph 1114 (2) (a) (ii)
substitute
(ii)In the case of an applicant:
(A)who has made a valid application for a Skilled (Migrant) (Class VE) visa; and
(B)in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled — Independent) or a Subclass 176 (Skilled — Sponsored) visa has not been made: Nil
(iii)In any other case: $1 390.
[30] Subparagraphs 1114A (2) (a) (ii) and (iii)
substitute
(ii)In the case of an applicant who is the holder of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa: $190
(iii)In the case of an applicant:
(A)who has made a valid application for a Skilled (Residence) (Class VB) visa; and
(B)in relation to whom a decision to grant or refuse to grant a Subclass 885 (Skilled — Independent) visa or a Subclass 886 (Skilled — Sponsored) visa has not been made: Nil
(iv)In the case of an applicant:
(A)who has made a valid application for a Skilled (Migrant) (Class VE) visa while being the holder of a Subclass 444 (Special Category) visa; and
(B)in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled — Independent) visa or a Subclass 176 (Skilled — Sponsored) visa has not been made: Nil
(v)In any other case: $2 060.
[31] Subparagraph 1114A (2) (b) (i)
omit
subparagraph (iii)
insert
subparagraphs (iii) and (iv)
[32] Sub‑subparagraph 1114A (2) (b) (i) (AA)
substitute
(AA)is not the holder of:
(I)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(II)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(III)a Subclass 487 (Skilled — Regional Sponsored) visa; and
[33] Subparagraph 1114A (2) (b) (iv)
substitute
(iv)In the case of an applicant:
(A)to whom subparagraphs (i), (ii) and (iii) do not apply; and
(B)who had turned 18 at the time of application; and
(C)who is assessed as not having functional English; and
(D)who has not previously paid a second instalment for an application for any of the following visas:
(I)Skilled — Independent Regional (Provisional) (Class UX) visa;
(II)Subclass 475 (Skilled — Regional Sponsored) visa;
(III)Subclass 487 (Skilled — Regional Sponsored) visa: $2 860
(v)In any other case: Nil.
[34] Paragraph 1114A (3) (ba)
substitute
(ba)In the case of an applicant who:
(i)is the holder of 1 of the following visas:
(A)Skilled — Independent Regional (Provisional) (Class UX) visa;
(B)Subclass 475 (Skilled — Regional Sponsored) visa;
(C)Subclass 487 (Skilled — Regional Sponsored) visa; and
(ii)seeks to satisfy the primary criteria for the grant of a Subclass 856 (Employer Nomination Scheme) visa;
the applicant has held 1 or more of the following visas for a total of at least 2 years:
(iii)Skilled — Independent Regional (Provisional) (Class UX) visa;
(iv)Subclass 475 (Skilled — Regional Sponsored) visa;
(v)Subclass 487 (Skilled — Regional Sponsored) visa.
[35] Subparagraph 1121 (2) (a) (ii)
substitute
(ii)In the case of an applicant:
(A)who has made a valid application for a Skilled (Migrant) (Class VE) visa; and
(B)in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled — Independent) visa or a Subclass 176 (Skilled — Sponsored) visa has not been made: Nil
(iii)In any other case: $1 390.
[36] Subparagraph 1121A (2) (a) (ii)
substitute
(ii)In the case of an applicant:
(A)who has made a valid application for a Skilled (Residence) (Class VB) visa; and
(B)in relation to whom a decision to grant or refuse to grant a Subclass 885 (Skilled — Independent) visa or a Subclass 886 (Skilled — Sponsored) visa has not been made: Nil
(iii)In the case of an applicant:
(A)who has made a valid application for a Skilled (Migrant) (Class VE) visa while being the holder of a Subclass 444 (Special Category) visa; and
(B)in relation to whom a decision to grant or refuse to grant a Subclass 175 (Skilled — Independent) visa or a Subclass 176 (Skilled — Sponsored) visa has not been made: Nil
(iv)In any other case: $2 060.
[37] Subparagraph 1121A (2) (b) (i)
omit
subparagraphs (iii) and (iv)
insert
subparagraphs (iii), (iv) and (v)
[38] Subparagraph 1121A (2) (b) (ii)
omit
subparagraphs (iii) and (iv)
insert
subparagraphs (iii), (iv) and (v)
[39] Subparagraph 1121A (2) (b) (v)
substitute
(v)In the case of an applicant:
(A)to whom subparagraphs (i) to (iv) do not apply; and
(B)who had turned 18 at the time of application; and
(C)who is assessed as not having functional English; and
(D)who has not previously paid a second instalment for an application for any of the following visas:
(I)Skilled — Independent Regional (Provisional) (Class UX) visa;
(II)Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;
(III)Subclass 475 (Skilled — Regional Sponsored) visa;
(IV)Subclass 487 (Skilled — Regional Sponsored) visa: $2 860
(vi)In any other case: Nil.
[40] After paragraph 1128AA (3) (e)
insert
(f)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[41] After paragraph 1128B (3) (d)
insert
(da)Application by a person seeking to satisfy the primary criteria for the grant of a Subclass 138 (Skilled — Australian‑sponsored) visa must be made before 1 September 2007.
[42] After paragraph 1128BA (3) (r)
insert
(s)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[43] After paragraph 1128C (3) (d)
insert
(e)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[44] After paragraph 1128CA (3) (o)
insert
(p)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[45] After paragraph 1128D (3) (e)
insert
(f)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[46] After paragraph 1134 (3) (f)
insert
(g)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[47] After item 1134
insert in Part 1
-
Skilled (Migrant) (Class VE)
(1)Forms: 1276 and 1276 (Internet).
(2)Visa application charge:
(a)First instalment (payable at the time application is made): $2 060
(b)Second instalment (payable before grant of visa):
(i)In the case of an applicant:
(A)who had turned 18 at the time of application; and
(B)who is assessed as not having functional English: $2 860
(ii)In any other case: Nil.
(3)Other:
(a)Application must be made:
(i)as an Internet application; or
(ii)by posting the application (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or
(iii)by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.
Note An Internet application is taken to have been made at the time, identified using Australian Eastern Standard Time or Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made: see regulation 2.10C.
(b)Applicant seeking to satisfy the primary criteria must be less than 45.
(c)Applicant seeking to satisfy the primary criteria must nominate a skilled occupation in his or her application.
(d)Application by a person claiming to be:
(i)a member of the family unit; or
(ii)the interdependent partner; or
(iii)a dependent child of the interdependent partner;
of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.
(4)Subclasses:
175 (Skilled — Independent)
176 (Skilled — Sponsored)
-
Skilled (Residence) (Class VB)
(1)Forms: 1276 and 1276 (Internet).
(2)Visa application charge:
(a)First instalment (payable at the time application is made):
(i)In the case of an applicant who is the holder of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(C)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(D)a Subclass 487 (Skilled — Regional Sponsored) visa; or
(E)a Bridging A (Class WA) or Bridging B (Class WB) visa granted on the basis of a valid application for:
(I)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(II)a Skilled (Provisional) (Class VC) visa: $190
(ii)In any other case: $2 060.
(b)Second instalment (payable before grant of visa):
(i)In the case of an applicant who:
(A)had turned 18 at the time of application; and
(B)is assessed as not having functional English; and
(C)has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in paragraph (a), that the applicant holds: $2 860
(ii)In any other case: Nil.
(3)Other:
(a)Application must be made:
(i)as an Internet application; or
(ii)by posting the application (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or
(iii)by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.
Note An Internet application is taken to have been made at the time, identified using Australian Eastern Standard Time or Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made: see regulation 2.10C.
(b)Applicant must be in Australia but not in immigration clearance.
(c)Application by a person claiming to be:
(i)a member of the family unit; or
(ii)the interdependent partner; or
(iii)a dependent child of the interdependent partner;
of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.
(d)The requirements of subitem (4), (5), (6) or (7) must be satisfied.
(4)The following requirements must be met:
(a)one of the following subparagraphs must be satisfied by the applicant:
(i)the applicant must be the holder of an eligible student visa;
(ii)the applicant must be the holder of a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa other than 1 of the following visas:
(A)a Subclass 570 (Independent ELICOS Sector) visa;
(B)a Subclass 571 (Schools Sector) visa;
(C)a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa, that was applied for on the basis that the applicant seeking to satisfy the primary criteria for the grant of that visa intends to undertake a course of study paid for, wholly or in part, by:
(I)the Commonwealth or the government of a State or Territory; or
(II)the government of a foreign country; or
(III)a multilateral agency;
and for which a condition of payment by that body for the course is that the student will leave Australia on the completion of the course;
(D)a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa that was applied for on the basis that the applicant seeking to satisfy the primary criteria for the grant of that visa intends to undertake a course of study or training under a scholarship scheme or training program approved by:
(I)the AusAID Minister; or
(II)the Defence Minister;
and for which a condition of that scheme or program is that the student will leave Australia on completion of the course;
(E)a Subclass 575 (Non‑Award Sector) visa;
(F)a Subclass 576 (AusAID or Defence Sector) visa;
and must also have held an eligible student visa during the period of 6 months ending immediately before the day on which the application is made;
(iii)the applicant must:
(A)be the holder of a substantive visa other than a visa mentioned in sub‑subparagraphs (ii) (A) to (F); and
(B)have held an eligible student visa during the period of 6 months ending immediately before the day on which the application for the Skilled (Residence) (Class VB) visa is made;
(iv)the applicant must have been taken, under sections 368C, 368D and 379C of the Act to have been notified that the Migration Review Tribunal has set aside and substituted the Minister’s decision not to revoke the cancellation of the applicant’s eligible student visa not more than 28 days before the day on which the application is made;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa:
(i)must be less than 45; and
(ii)must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.
(5)The following requirements must be met:
(a)the applicant must be:
(i)the holder of a Subclass 476 (Skilled — Recognised Graduate) visa; or
(ii)the holder of a Subclass 485 (Skilled — Graduate) visa;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa must:
(i)have been granted the visa mentioned in paragraph (a) on the basis of satisfying the primary criteria for the grant of that visa; and
(ii)nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.
(6)The following requirements must be met:
(a)each applicant must be the holder of a Subclass 471 (Trade Skills Training) visa;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa:
(i)must have been the holder, for a total of at least 2 years before the day on which the application was made, of the Subclass 471 (Trade Skills Training) visa mentioned in paragraph (a) that was granted on the basis of satisfying the primary criteria for the grant of that visa; and
(ii)must be less than 45; and
(iii)must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.
(7)The following requirements must be met:
(a)the applicant must be the holder of:
(i)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iii)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iv)a Subclass 487 (Skilled — Regional Sponsored) visa; or
(v)a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Skilled (Provisional) (Class VC) visa;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa must have been, for a total of at least 2 years before the day on which the application was made, the holder of 1 of the following visas:
(i)a Skilled — Independent Regional (Provisional) (Class UX) visa;
(ii)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;
(iii)a Subclass 475 (Skilled — Regional Sponsored) visa;
(iv)a Subclass 487 (Skilled — Regional Sponsored) visa;
that was granted on the basis of satisfying the primary criteria for the grant of that visa, or of being the spouse or interdependent partner of the applicant who satisfied the primary criteria for the grant of the visa.
(8)Subclasses:
885 (Skilled — Independent)
886 (Skilled — Sponsored)
887 (Skilled — Regional)
[48] After paragraph 1212A (3) (m)
insert
(n)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[49] Paragraph 1214C (3) (g)
substitute
(g)If:
(i)the applicant is the holder of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa; or
(ii)the last substantive visa held by the applicant was:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(C)a Subclass 487 (Skilled — Regional Sponsored) visa;
the applicant must have held that visa for at least 2 years.
[50] After paragraph 1218A (3) (e)
insert
(f)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[51] After paragraph 1226 (3) (g)
insert
(h)Application by a person seeking to satisfy the primary criteria must be made before 1 September 2007.
[52] After item 1227
insert in Part 2
-
Skilled (Provisional) (Class VF)
(1)Forms: 1276 and 1276 (Internet).
(2)Visa application charge:
(a)First instalment (payable at the time application is made):
(i)In the case of an applicant seeking to satisfy the criteria for the grant of a Subclass 475 (Skilled — Regional Sponsored) visa: $2 060
(ii)In the case of an applicant seeking to satisfy the criteria for the grant of a Subclass 476 (Skilled — Recognised Graduate) visa: $190.
(b)Second instalment (payable before grant of visa):
(i)In the case of an applicant who:
(A)seeks to satisfy the criteria for the grant of a Subclass 475 (Skilled — Regional Sponsored) visa; and
(B)had turned 18 at the time of application; and
(C)is assessed as not having functional English: $2 860
(ii)In any other case: Nil.
(3)Other:
(a)Application must be made:
(i)as an Internet application; or
(ii)by posting the application (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or
(iii)by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.
Note An Internet application is taken to have been made at the time, identified using Australian Eastern Standard Time or Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made: see regulation 2.10C.
(b)Applicant seeking to satisfy the primary criteria for the grant of a Subclass 475 (Skilled — Regional Sponsored) visa:
(i)must be less than 45; and
(ii)must nominate a skilled occupation in the application.
(c)Applicant seeking to satisfy the primary criteria for the grant of a Subclass 476 (Skilled — Recognised Graduate) visa must be less than 31.
(d)Application by a person claiming to be:
(i)a member of the family unit; or
(ii)the interdependent partner; or
(iii)a dependent child of the interdependent partner;
of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.
(4)Subclasses:
475 (Skilled — Regional Sponsored)
476 (Skilled — Recognised Graduate)
-
Skilled (Provisional) (Class VC)
(1)Forms: 1276 and 1276 (Internet).
(2)Visa application charge:
(a)First instalment (payable at the time application is made):
(i)In the case of an applicant seeking to satisfy the criteria for the grant of a Subclass 485 (Skilled — Graduate) visa: $190
(ii)In the case of an applicant seeking to satisfy the criteria for the grant of a Subclass 487 (Skilled — Regional Sponsored) visa, and who is the holder of:
(A)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(B)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(C)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(D)a Subclass 487 (Skilled — Regional Sponsored) visa: $190
(iii)In any other case: $2 060.
(b)Second instalment (payable before grant of visa):
(i)In the case of an applicant who:
(A)seeks to satisfy the criteria for the grant of a Subclass 487 (Skilled — Regional Sponsored) visa; and
(B)had turned 18 at the time of application; and
(C)is assessed as not having functional English; and
(D)has not paid a second instalment of visa application charge in relation to the application for the visa, mentioned in paragraph (a), that the applicant holds: $2 860
(ii)In any other case: Nil.
(3)Other:
(a)Application must be made:
(i)as an Internet application; or
(ii)by posting the application (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this subparagraph; or
(iii)by having the application delivered by a courier service to the address specified by the Minister in an instrument in writing for this subparagraph.
Note An Internet application is taken to have been made at the time, identified using Australian Eastern Standard Time or Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made: see regulation 2.10C.
(b)Applicant claiming to be:
(i)a member of the family unit; or
(ii)the interdependent partner; or
(iii)a dependent child of the interdependent partner;
of a person who, having satisfied the primary criteria, holds a Skilled (Provisional) (Class VC) visa may be in or outside Australia when making his or her application, but not in immigration clearance.
(c)Applicant to whom paragraph (b) does not apply must be in Australia, but not in immigration clearance, when making his or her application.
(d)Application by a person claiming to be:
(i)a member of the family unit; or
(ii)the interdependent partner; or
(iii)a dependent child of the interdependent partner;
of a person who seeks to satisfy the primary criteria may be made at the same time and place as, and combined with, an application by that person.
(e)The requirements of subitem (4), (5), (6), (7), (8) or (9) must be satisfied.
(4)The following requirements must be met:
(a)one of the following subparagraphs must be satisfied by the applicant:
(i)the applicant must be the holder of an eligible student visa;
(ii)the applicant must be the holder of a Bridging A (Class WA) visa or Bridging B (Class WB) visa that was granted on the basis of a valid application for a visa other than 1 of the following visas:
(A)a Subclass 570 (Independent ELICOS Sector) visa;
(B)a Subclass 571 (Schools Sector) visa;
(C)a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa, that was applied for on the basis that the applicant seeking to satisfy the primary criteria for the grant of that visa intends to undertake a course of study paid for, wholly or in part, by:
(I)the Commonwealth or the government of a State or Territory; or
(II)the government of a foreign country; or
(III)a multilateral agency;
and for which a condition of payment by that body for the course is that the student will leave Australia on the completion of the course;
(D)a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa that was applied for on the basis that the applicant seeking to satisfy the primary criteria for the grant of that visa intends to undertake a course of study or training under a scholarship scheme or training program approved by:
(I)the AusAID Minister; or
(II)the Defence Minister;
and for which a condition of that scheme or program is that the student will leave Australia on completion of the course;
(E)a Subclass 575 (Non‑Award Sector) visa;
(F)a Subclass 576 (AusAID or Defence Sector) visa;
and must also have held an eligible student visa during the period of 6 months ending immediately before the day on which the application is made;
(iii)the applicant must:
(A)be the holder of a substantive visa other than a visa mentioned in sub‑subparagraphs (ii) (A) to (F); and
(B)have held an eligible student visa during the period of 6 months ending immediately before the day on which the application for the Skilled (Provisional) (Class VC) visa is made;
(iv)the applicant must have been taken, under sections 368C, 368D and 379C of the Act, to have been notified that the Migration Review Tribunal has set aside and substituted the Minister’s decision not to revoke the cancellation of the applicant’s eligible student visa not more than 28 days before the day on which the application is made;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa:
(i)must be less than 45; and
(ii)must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.
(5)The following requirements must be met:
(a)the applicant must be:
(i)the holder of a Subclass 476 (Skilled — Recognised Graduate) visa; or
(ii)the holder of a Subclass 485 (Skilled — Graduate) visa;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa must:
(i)have been granted the visa mentioned in paragraph (a) on the basis of satisfying the primary criteria for the grant of that visa; and
(ii)nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.
(6)The following requirements must be met:
(a)each applicant must be the holder of a Subclass 471 (Trade Skills Training) visa;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa:
(i)must have been the holder, for a total of at least 2 years before the day on which the application was made, of the Subclass 471 (Trade Skills Training) visa mentioned in paragraph (a) that was granted on the basis of satisfying the primary criteria for the grant of that visa; and
(ii)must be less than 45; and
(iii)must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.
(7)The following requirements must be met:
(a)the applicant must be:
(i)the holder of a Subclass 417 (Working Holiday) visa; or
(ii)the holder of a Subclass 442 (Occupational Trainee) visa;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa:
(i)must be less than 45; and
(ii)must nominate a skilled occupation in the application for which at least 50 points are available as specified by the Minister in an instrument in writing for this subparagraph.
(8)The following requirements must be met:
(a)the applicant must be the holder of:
(i)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(iii)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iv)a Subclass 487 (Skilled — Regional Sponsored) visa;
and must not have previously held more than 1 of any of those visas;
(b)the applicant seeking to satisfy the primary criteria for the grant of the visa must have been, for a total of at least 2 years before the day on which the application was made, the holder of 1 of the following visas:
(i)a Skilled — Independent Regional (Provisional) (Class UX) visa;
(ii)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;
(iii)a Subclass 475 (Skilled — Regional Sponsored) visa;
(iv)a Subclass 487 (Skilled — Regional Sponsored) visa;
that was granted on the basis of satisfying the primary criteria for the grant of that visa, or of being the spouse or interdependent partner of the applicant who satisfied the primary criteria for the grant of the visa.
(9)The applicant must claim to be:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of an applicant who holds a Skilled (Provisional) (Class VC) visa granted on the basis of satisfying the primary criteria for the grant of the visa.
-
Subclasses:
485 (Skilled — Graduate)
487 (Skilled — Regional Sponsored)
[53] Subitem 1301 (1)
omit
1150E (Internet) or 1208
insert
1150E (Internet), 1208, 1276 or 1276 (Internet)
[54] Subitem 1303 (1)
omit
1150 or 1150E (Internet)
insert
1150, 1150E (Internet), 1276 or 1276 (Internet)
[55] Subitem 1305 (1)
omit
1150 or 1150E (Internet)
insert
1150, 1150E (Internet), 1276 or 1276 (Internet)
Part 3 Amendments of Schedule 2 to the Migration Regulations 1994
[56] Paragraph 010.611 (3A) (d)
omit
Schedule 1;
insert
Schedule 1; or
[57] After paragraph 010.611 (3A) (d)
insert
(e)a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229 (4) of Schedule 1;
[58] Paragraph 010.611 (3B) (b)
omit
(Class DE) visa;
insert
(Class DE) visa; or
[59] After paragraph 010.611 (3B) (b)
insert
(c)a Skilled (Residence) (Class VB) visa;
[60] Paragraph 020.611(3) (b)
omit
of Schedule 1;
insert
of Schedule 1; or
[61] After paragraph 020.611 (3) (b)
insert
(c)a Skilled (Provisional) (Class VC) visa in relation to which the applicant met the requirements for subitem 1229 (4) of Schedule 1;
[62] Paragraph 020.611 (4) (b)
omit
(Class DE) visa;
insert
(Class DE) visa; or
[63] After paragraph 020.611 (4) (b)
insert
(c)a Skilled (Residence) (Class VB) visa;
[64] Subclause 119.211 (3)
substitute
(3) If subclause (2) does not apply, either:
(a)if the applicant is mentioned in subparagraph 1114 (2) (a) (ii) of Schedule 1 — the applicant:
(i)is less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and
(ii)has competent English; and
(iii)has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment; or
(b)in any other case — unless exceptional circumstances apply, the applicant:
(i)has not turned 45; and
(ii)has functional English; and
(iii)has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification, that is relevant to the appointment.
[65] Subclause 120.211 (1)
after
subclause (5)
insert
or (6)
[66] After subclause 120.211 (5)
insert
(6) For an applicant who seeks to enter Australia to work in accordance with a labour agreement, and who is mentioned in subparagraph 1121 (2) (a) (ii) of Schedule 1:
(a)the applicant has been nominated to work in Australia, in accordance with a labour agreement that is in effect, by an employer that is a party to that labour agreement; and
(b)the applicant has qualifications and experience that are suitable for the position to be taken by the applicant under the labour agreement; and
(c)the applicant was less than 45 at the time of the application for a Skilled (Residence) (Class VE) visa; and
(d)the requirements of the labour agreement have been met in relation to the application; and
(e)the applicant has competent English; and
(f)the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is relevant to the appointment.
[67] Before clause 121.211A
insert
121.210For an applicant who has been nominated by an employer for an appointment in the business of that employer, and who is mentioned in subparagraph 1114 (2) (a) (ii):
(a)the applicant was less than 45 at the time of the application for a Skilled (Migrant) (Class VE) visa; and
(b)the applicant has competent English; and
(c)the applicant has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification that is, unless the appointment is exceptional, relevant to the appointment.
[68] Clause 121.211
omit
If clause 121.211A does not apply
insert
If clauses 121.210 and 121.211A do not apply
[69] Before clause 134.212
insert
134.210The application must be made before 1 September 2007.
[70] Before clause 136.212
insert
136.210The application must be made before 1 September 2007.
[71] Before clause 137.213
insert
137.210The application must be made before 1 September 2007.
[72] Before clause 138.211
insert
138.210The application must be made before 1 September 2007.
[73] Clause 138.221A
omit
[74] After Part 173
insert
Subclass 175 Skilled — Independent
175.1 Interpretation
175.111In this Part:
degree has the same meaning as in subregulation 2.26A (6).
diploma has the same meaning as in subregulation 2.26A (6).
employed has the same meaning as in subregulation 2.26A (7).
trade qualification has the same meaning as in subregulation 2.26A (6).
Note 1 For 2 year study requirement, see regulation 1.15F.
Note 2 For competent English, see regulation 1.15C.
Note 3 For registered course, see regulation 1.03.
Note 4 For relevant assessing authority, see regulation 1.03.
Note 5 For skilled occupation, see regulation 1.03.
Note 6 For vocational English, see regulation 1.15B.
175.2 Primary criteria
Note The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.
175.21Criteria to be satisfied at time of application
175.211Either:
(a)the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or
(b)both of the following:
(i)the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made;
(ii)each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.
175.212(1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.
(2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course.
175.213Either:
(a)the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or
(b)the applicant has competent English.
175.22Criteria to be satisfied at time of decision
175.221The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.
Note That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark.
The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6B of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument (Act, section 96).
175.222No evidence has become available since the time of application that the information given or used:
(a)to meet the requirements of item 1135 of Schedule 1; or
(b)to obtain the skills assessment mentioned in subclause 175.212 (1); or
(c)to satisfy Subdivision 175.21; or
(d)to satisfy clause 175.221;
was false or misleading in a material particular.
175.223The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.
175.224If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
175.225Each person who is:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of the applicant, and who is also an applicant for a Subclass 175 visa, is a person who:
(d)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(e)if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.
175.226Each member of the family unit of the applicant, who is not an applicant for a Subclass 175 visa, is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b)satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
175.227If a person (the additional applicant):
(a)is a member of the family unit, or a dependent child of the interdependent partner, 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.
175.228Grant of the visa would not result in either:
(a)the number of Subclass 175 visas granted in a financial year exceeding the maximum number of Subclass 175 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 175) 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.
175.229The Minister is satisfied that:
(a)the applicant is the holder of a valid passport that:
(i)was issued to the applicant by an official source; and
(ii)is in the form issued by the official source; or
(b)it would be unreasonable to require the applicant to be the holder of a passport.
175.3 Secondary criteria
Note These criteria must be satisfied by applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of an applicant who satisfies the primary criteria.
175.31Criteria to be satisfied at time of application
175.311The applicant is:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of a person who satisfies the primary criteria in Subdivision 175.21 and made a combined application with that person.
175.32Criteria to be satisfied at time of decision
175.321The applicant continues to be:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of a person who, having satisfied the primary criteria, is the holder of a Subclass 175 visa.
175.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.
175.323If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
175.324If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
175.325The Minister is satisfied that:
(a)the applicant is the holder of a valid passport that:
(i)was issued to the applicant by an official source; and
(ii)is in the form issued by the official source; or
(b)it would be unreasonable to require the applicant to be the holder of a passport.
175.4 Circumstances applicable to grant
175.411If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, each applicant included in the application may be in or outside Australia when the visa is granted.
175.412In any other case, each applicant included in the application must be 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.
175.5 When visa is in effect
175.511Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
175.6 Conditions
175.611If 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.
175.7 Way of giving evidence
175.711No evidence need be given.
175.712If evidence is given, to be given by a label affixed to a valid passport.
Subclass 176 Skilled — Sponsored
176.1 Interpretation
176.111In this Part:
degree has the same meaning as in subregulation 2.26A (6).
diploma has the same meaning as in subregulation 2.26A (6).
employed has the same meaning as in subregulation 2.26A (7).
trade qualification has the same meaning as in subregulation 2.26A (6).
Note 1 For 2 year study requirement, see regulation 1.15F.
Note 2 For competent English, see regulation 1.15C.
Note 3 For registered course, see regulation 1.03.
Note 4 For relevant assessing authority, see regulation 1.03.
Note 5 For skilled occupation, see regulation 1.03.
Note 6 For vocational English, see regulation 1.15B.
176.2 Primary criteria
Note The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.
176.21Criteria to be satisfied at time of application
176.211Either:
(a)the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or
(b)the following requirements are met:
(i)the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made;
(ii)each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.
176.212(1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.
(2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course.
176.213Either:
(a)the applicant’s nominated skilled occupation is in Major Group IV in the Australian Standard Classification of Occupation, and the applicant has vocational English; or
(b)the applicant has competent English.
176.22Criteria to be satisfied at time of decision
176.221The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.
Note That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark.
The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6B of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument (Act, section 96).
176.222(1) The requirements of subclause (2) or (3) are met.
(2) All of the following apply:
(a)the applicant has been nominated by a State or Territory government agency;
(b)the Minister has accepted the nomination.
(3) All of the following apply:
(a)the applicant, and all persons included in the application, are sponsored by a person who:
(i)has turned 18; and
(ii)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(iii)is usually resident in Australia; and
(iv)is related to the applicant, the applicant’s spouse (if the applicant’s spouse is also an applicant for a Subclass 176 visa), or the applicant’s interdependent partner (if the applicant’s interdependent partner is also an applicant for a Subclass 176 visa), as:
(A)a parent; or
(B)a child, an adopted child, or a step‑child; or
(C)a brother or sister, an adoptive brother or sister, or a step‑brother or step‑sister; or
(D)an aunt or uncle, an adoptive aunt or uncle, or a step‑aunt or step‑uncle; or
(E)a nephew or niece, an adoptive nephew or niece, or a step‑nephew or step‑niece;
(b)either:
(i)the sponsorship was made on Form 1277 (Internet), and the Minister has accepted the sponsorship; or
(ii)if the sponsorship was made on Form 1277 — the sponsorship was made:
(A)by posting the form (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub‑subparagraph; or
(B)by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub‑subparagraph;
and the Minister has accepted the sponsorship.
176.223No evidence has become available since the time of application that the information given or used:
(a)to meet the requirements of item 1135 of Schedule 1; or
(b)to obtain the skills assessment mentioned in subclause 176.212 (1); or
(c)to satisfy Subdivision 176.21; or
(d)to satisfy clause 176.221;
was false or misleading in a material particular.
176.224The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.
176.225If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
176.226Each person who is:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of the applicant, and who is also an applicant for a Subclass 176 visa, is a person who:
(d)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(e)if the person has previously been in Australia — satisfies special return criteria 5001, 5002 and 5010.
176.227Each member of the family unit of the applicant, who is not an applicant for a Subclass 176 visa, is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b)satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
176.228If a person (the additional applicant):
(a)is a member of the family unit, or a dependent child of the interdependent partner, 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.
176.229Grant of the visa would not result in either:
(a)the number of Subclass 176 visas granted in a financial year exceeding the maximum number of Subclass 176 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 176) 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.
176.230The Minister is satisfied that:
(a)the applicant is the holder of a valid passport that:
(i)was issued to the applicant by an official source; and
(ii)is in the form issued by the official source; or
(b)it would be unreasonable to require the applicant to be the holder of a passport.
176.3 Secondary criteria
Note These criteria must be satisfied by applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of an applicant who satisfies the primary criteria.
176.31Criteria to be satisfied at time of application
176.311The applicant is:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of a person who satisfies the primary criteria in Subdivision 176.21 and made a combined application with that person.
176.32Criteria to be satisfied at time of decision
176.321The applicant continues to be:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of a person who, having satisfied the primary criteria, is the holder of a Subclass 176 visa.
176.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.
176.323If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.
176.324If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
176.325The Minister is satisfied that:
(a)the applicant is the holder of a valid passport that:
(i)was issued to the applicant by an official source; and
(ii)is in the form issued by the official source; or
(b)it would be unreasonable to require the applicant to be the holder of a passport.
176.4 Circumstances applicable to grant
176.411If the applicant who satisfied the primary criteria for the grant of the visa is also the holder of a Subclass 444 (Special Category) visa, each applicant included in the application may be in or outside Australia when the visa is granted.
886.214The application is accompanied by evidence that:
(a)the applicant; and
(b)each person included in the application who is at least 16;
has applied for an Australian Federal Police check during the 12 months immediately before the day when the application is made.
886.215The application is accompanied by evidence that the applicant and each person included in the application has made arrangements to undergo a medical examination for the purpose of the application.
886.22Criteria to be satisfied at time of decision
886.221The applicant has the qualifying score when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act.
Note That Subdivision of the Act provides in sections 92 to 96 for the application of a points system, under which applicants for relevant visas are given an assessed score based on the prescribed number of points for particular attributes, which is assessed against the relevant pool mark and pass mark.
The prescribed points and the manner of their allocation are provided for in Division 2.6 and Schedule 6B of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument (Act, section 96).
886.222(1) The requirements of subclause (2) or (3) are met.
(2) Both of the following apply:
(a)the applicant has been nominated by a State or Territory government agency;
(b)the Minister has accepted the nomination.
(3) All of the following apply:
(a)the applicant, and all persons included in the application, are sponsored by a person who:
(i)has turned 18; and
(ii)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and
(iii)is usually resident in Australia; and
(iv)is related to the applicant, the applicant’s spouse (if the applicant’s spouse is also an applicant for a Subclass 886 visa), or the applicant’s interdependent partner (if the interdependent partner is also an applicant for a Subclass 886 visa), as:
(A)a parent; or
(B)a child, an adopted child, or a step‑child; or
(C)a brother or sister, an adoptive brother or sister, or a step‑brother or step‑sister; or
(D)an aunt or uncle, an adoptive aunt or uncle, or a step‑aunt or step‑uncle; or
(E)a nephew or niece, an adoptive nephew or niece, or a step‑nephew or step‑niece;
(b)the sponsorship was made:
(i)on Form 1277 (Internet); or
(ii)on Form 1277:
(A)by posting the form (with the correct pre‑paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub‑subparagraph; or
(B)by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub‑subparagraph;
and the Minister has accepted the sponsorship.
886.223(1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.
(2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course.
886.224No evidence has become available since the time of application that the information given or used:
(a)to meet the requirements of item 1136 of Schedule 1; or
(b)to satisfy Subdivision 886.21; or
(c)to satisfy clause 886.221; or
(d)to obtain the skills assessment mentioned in subclause 886.223 (1);
was false or misleading in a material particular.
886.225The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.
886.226The applicant satisfies special return criteria 5001, 5002 and 5010.
886.227Each person who is:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of the applicant, and who is also an applicant for a Subclass 886 visa, is a person who:
(d)satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010; and
(e)satisfies special return criteria 5001, 5002 and 5010.
886.228Each member of the family unit of the applicant, who is not an applicant for a Subclass 886 visa, is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b)satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
886.229If a person (the additional applicant):
(a)is a member of the family unit, or a dependent child of the interdependent partner, 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.
886.230Grant of the visa would not result in either:
(a)the number of Subclass 886 visas granted in a financial year exceeding the maximum number of Subclass 886 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 886) 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.
886.231The Minister is satisfied that:
(a)the applicant is the holder of a valid passport that:
(i)was issued to the applicant by an official source; and
(ii)is in the form issued by the official source; or
(b)it would be unreasonable to require the applicant to be the holder of a passport.
886.3 Secondary criteria
Note These criteria must be satisfied by applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of an applicant who satisfies the primary criteria.
886.31Criteria to be satisfied at time of application
886.311The applicant is:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of a person who satisfies the primary criteria in Subdivision 886.21 and made a combined application with that person.
886.32Criteria to be satisfied at time of decision
886.321The applicant continues to be:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of a person who, having satisfied the primary criteria, is the holder of a Subclass 886 visa.
886.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4010.
886.323The applicant satisfies special return criteria 5001, 5002 and 5010.
886.324If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
886.325The Minister is satisfied that:
(a)the applicant is the holder of a valid passport that:
(i)was issued to the applicant by an official source; and
(ii)is in the form issued by the official source; or
(b)it would be unreasonable to require the applicant to be the holder of a passport.
886.4 Circumstances applicable to grant
886.411The applicant must be in Australia when the visa is granted.
Note The second instalment of the visa application charge must be paid before the visa can be granted.
886.5 When visa is in effect
886.511Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
886.6 Conditions: Nil.
886.7 Way of giving evidence
886.711No evidence need be given.
886.712If evidence is given, to be given by a label affixed to a valid passport.
Subclass 887 Skilled — Regional
887.1 Interpretation
887.111In this Part:
specified regional area means:
(a)for an applicant who applied for a Subclass 887 visa on the basis on having held:
(i)a Skilled— Independent Regional (Provisional) (Class UX) visa; or
(ii)a Skilled (Provisional) (Class VC) visa that is subject to condition 8539; or
(iii)a Skilled (Provisional) (Class VF) visa that is subject to condition 8539;
a part of Australia that, at the time at which a visa of that kind was first granted to the applicant, was specified by the Minister in an instrument in writing under item 6A1001 of Schedule 6A; or
(b)for an applicant who applied for a Subclass 887 visa on the basis of having held:
(i)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(ii)a Skilled (Provisional) (Class VC) visa that is subject to condition 8549; or
(iii)a Skilled (Provisional) (Class VF) visa, subject to condition 8549;
a part of Australia that, at the time at which a visa of that kind was first granted to the applicant, was specified by the Minister in an instrument in writing under item 6701 of Schedule 6.
887.2 Primary criteria
Note The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.
887.21Criteria to be satisfied at time of application
887.211The applicant meets the requirements set out in subitem 1136 (7) of Schedule 1.
887.212The applicant must have lived in a specified regional area for a total of at least 2 years as the holder of 1 or more of the following visas:
(a)a Skilled — Independent Regional (Provisional) (Class UX) visa;
(b)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa;
(c)a Subclass 475 (Skilled — Regional Sponsored) visa;
(d)a Subclass 487 (Skilled — Regional Sponsored) visa;
(e)a Bridging A (Class WA) visa, or a Bridging B (Class WB) visa, that was granted on the basis of a valid application for:
(i)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(ii)a Skilled (Provisional) (Class VC) visa.
887.213The applicant must have worked full‑time in a specified regional area for a total of at least 1 year as the holder of 1 or more of the visas mentioned in clause 887.212.
887.22Criteria to be satisfied at time of decision
887.221(1) While the applicant was the holder of:
(a)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(b)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(c)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(d)a Subclass 487 (Skilled — Regional Sponsored) visa;
the applicant must have substantially complied with the conditions to which that visa is or was subject.
(2) While a person included in the application (other than the applicant) was the holder of:
(a)a Skilled — Designated Area‑sponsored (Provisional) (Class UZ) visa; or
(b)a Skilled — Independent Regional (Provisional) (Class UX) visa; or
(c)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(d)a Subclass 487 (Skilled — Regional Sponsored) visa;
that person must have substantially complied with the conditions to which that visa is or was subject.
887.222No evidence has become available since the time of application that the information given or used:
(a)to satisfy any part of the assessment of eligibility of the applicant for:
(i)a Subclass 495 (Skilled — Independent Regional (Provisional)) visa; or
(ii)a Subclass 496 (Skilled — Designated Area‑sponsored (Provisional)) visa; or
(iii)a Subclass 475 (Skilled — Regional Sponsored) visa; or
(iv)a Subclass 487 (Skilled — Regional Sponsored) visa; or
(b)to meet the requirements of subitem 1136 (7) of Schedule 1; or
(c)to satisfy Subdivision 887.21;
was false or misleading in a material particular.
887.223The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4010.
887.224The applicant satisfies special return criteria 5001, 5002 and 5010.
887.225Each member of the family unit, or the interdependent partner, or dependent child of the interdependent partner, of the applicant, who is also an applicant for a Subclass 887 visa, is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4010; and
(b)satisfies special return criteria 5001, 5002 and 5010.
887.226Each member of the family unit of the applicant, who is not an applicant for a Subclass 887 visa, is a person who:
(a)satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b)satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.
887.227If a person (the additional applicant):
(a)is a member of the family unit, or a dependent child of the interdependent partner, 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.
887.228Grant of the visa would not result in either:
(a)the number of Subclass 887 visas granted in a financial year exceeding the maximum number of Subclass 887 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 887) 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.
887.229The Minister is satisfied that:
(a)the applicant is the holder of a valid passport that:
(i)was issued to the applicant by an official source; and
(ii)is in the form issued by the official source; or
(b)it would be unreasonable to require the applicant to be the holder of a passport.
887.3 Secondary criteria
Note These criteria must be satisfied by applicants who are members of the family unit, or the interdependent partner or dependent child of the interdependent partner, of an applicant who satisfies the primary criteria.
887.31Criteria to be satisfied at time of application
887.311The applicant is:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of a person who satisfies the primary criteria in Subdivision 887.21 and made a combined application with that person.
887.32Criteria to be satisfied at time of decision
887.321The applicant continues to be:
(a)a member of the family unit; or
(b)the interdependent partner; or
(c)a dependent child of the interdependent partner;
of a person who, having satisfied the primary criteria, is the holder of a Subclass 887 visa.
887.322The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4007 and 4010.
887.323The applicant satisfies special return criteria 5001, 5002 and 5010.
887.324If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
887.325The Minister is satisfied that:
(a)the applicant is the holder of a valid passport that:
(i)was issued to the applicant by an official source; and
(ii)is in the form issued by the official source; or
(b)it would be unreasonable to require the applicant to be the holder of a passport.
887.4 Circumstances applicable to grant
887.411The applicant must be in Australia when the visa is granted.
Note The second instalment of the visa application charge must be paid before the visa can be granted.
887.5 When visa is in effect
887.511Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
887.6 Conditions: Nil.
887.7 Way of giving evidence
887.711No evidence need be given.
887.712If evidence is given, to be given by a label affixed to a valid passport.
Part 4 Amendments relating to other Schedules
[128] After Schedule 6A
insert
Schedule 6B General points test — qualifications and points (General Skilled Migration visas)
(regulation 2.26AA)
Part 6B.1 Occupational qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B11 |
The applicant has a suitable skills assessment for his or her nominated skilled occupation for which 60 points are available Note skilled occupation is defined in regulation 1.03 |
60 |
| 6B12 | The applicant has a suitable skills assessment for his or her nominated skilled occupation for which 50 points are available | 50 |
| 6B13 | The applicant has a suitable skills assessment for his or her nominated skilled occupation for which 40 points are available | 40 |
Part 6B.2 Age qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B21 | The applicant is aged not less than 18 years and under 30 years at the time of application | 30 |
| 6B22 | The applicant is aged not less than 30 years and under 35 years at the time of application | 25 |
| 6B23 | The applicant is aged not less than 35 years and under 40 years at the time of application | 20 |
| 6B24 | The applicant is aged not less than 40 years and under 45 years at the time of application | 15 |
Part 6B.3 English language qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B31 | The applicant has proficient English | 25 |
| 6B32 | The applicant has competent English | 15 |
| 6B33 | The applicant has nominated a skilled occupation in ASCO Major Group IV and has vocational English | 15 |
| 6B34 |
The applicant has applied for a Subclass 475 (Skilled — Regional Sponsored) visa or a Subclass 487 (Skilled — Regional Sponsored) visa, and: (a) both of the following occur: (i) the Minister has approved a nomination by a State or Territory specified by the Minister in an instrument in writing for this item as a State or Territory in which arrangements are established for suitable English language training; (ii) the applicant: (A) has concessional competent English; and (B) has paid the required fee or charge for English language training in the nominating State or Territory; or (b) both of the following occur: (i) the Minister has accepted a sponsorship by a person living in a State or Territory specified by the Minister in an instrument in writing for this item as a State or Territory in which arrangements are established for suitable English language training; (ii) the applicant: (A) has concessional competent English; and (B) has paid the required fee or charge for English language training in the State or Territory in which the sponsor resides |
15 |
Part 6B.4 Specific employment qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B41 | The applicant nominated a skilled occupation for which 60 points are available and has been employed in that skilled occupation, or a closely related skilled occupation, for a period totalling at least 36 months in the 48 months immediately before the day on which the application was made | 10 |
| 6B42 | The applicant has been employed in a skilled occupation for a period totalling, at least 36 months in the 48 months immediately before the day on which the application was made | 5 |
Part 6B.5 Australian employment qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B51 | The applicant has been employed in Australia, in the applicant’s nominated skilled occupation, or a closely related skilled occupation, for a period totalling at least 12 months in the 48 months immediately before the day on which the application was made | 10 |
| 6B52 | The applicant has completed a professional year in Australia in the applicant’s nominated skilled occupation, or a closely related skilled occupation, for a period totalling at least 12 months in the 48 months immediately before the day on which the application was made | 10 |
Part 6B.6 Australian educational qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B61 |
The applicant has met the requirements for award of a doctorate by an Australian educational institution as a result of a course of study of at least 2 academic years: (a) undertaken while the applicant was present in Australia; and (b) for which all instruction was conducted in English |
25 |
| 6B62 |
The applicant has undertaken study for a period totalling at least 3 academic years, while being in Australia, during which the applicant: (a) met the requirements for award of a masters degree or an honours degree (Second Class (Division 1) level or above), by an Australian educational institution as a result of a course of study of at least 1 academic year; and (b) met the requirements for award of an undergraduate degree, which is closely related to the masters degree or honours degree mentioned in paragraph (a), by an Australian educational institution as a result of a course of study of at least 1 academic year: (i) undertaken while the applicant was present in Australia; and (ii) for which all instruction was conducted in English |
15 |
| 6B63 |
The applicant has met the requirements for award of an undergraduate degree with honours (second class (division 1) or above) by an Australian educational institution as a result of a course of study of at least 3 academic years: (a) undertaken while the applicant was present in Australia; and (b) for which all instruction was conducted in English |
15 |
| 6B64 |
The applicant satisfies the 2 year study requirement Note The 2 year study requirement is explained in Division 2.6 of these Regulations |
5 |
Part 6B.7 Occupation in demand qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B71 |
The applicant: (a) has nominated a migration occupation in demand in his or her application; and (b) has been employed in that skilled occupation, or a closely related skilled occupation, for a period totalling at least 12 months in the 48 months immediately before the day on which the application was made; and (c) has an offer of full‑time employment in that occupation in an organisation that had at least 10 full‑time employees at all times in the 24 months immediately before the day on which the application was made |
20 |
| 6B72 |
The applicant: (a) has nominated a migration occupation in demand in his or her application; and (b) has been employed in that skilled occupation, or a closely related skilled occupation, for a period totalling at least 12 months in the 48 months immediately before the day on which the application was made |
15 |
Part 6B.8 Designated language qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B81 |
The applicant: (a) is the holder of a qualification (that is of an equivalent standard to a degree awarded by an Australian tertiary educational institution) the tuition for which was conducted in a designated language; or (b) is accredited as a professional interpreter or translator (level 3) in a designated language by the National Accreditation Authority for Translators and Interpreters Note designated language is defined in regulation 1.03 |
5 |
Part 6B.9 Study in regional Australia or a low‑population growth metropolitan area qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B91 |
Each of the following paragraphs applies in relation to the applicant: (a) the applicant meets the 2 year study requirement; (b) the location of the campus or campuses at which that study was undertaken is specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A; (c) while the applicant undertook the course of study the applicant lived in a part of Australia the postcode of which is specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A; (d) none of the study undertaken constituted distance education |
5 |
Part 6B.10 Partner skill qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B101 |
The spouse or interdependent partner of the applicant: (a) is an applicant for the same General Skilled Migration visa as the applicant; and (b) is not an Australian permanent resident or an Australian citizen; and (c) is, at the time of application, under 45 years of age; and (d) has nominated a skilled occupation in his or her application; and |
5 |
|
(e) has been assessed by the relevant assessing authority for the nominated skilled occupation as having suitable skills for that occupation; and (f) either: (i) has nominated a skilled occupation in Major Group IV in the Australian Standard Classification of Occupation and has vocational English; or (ii) if the applicant has applied for a Subclass 475 (Skilled — Regional Sponsored) visa or a Subclass 487 (Skilled — Regional Sponsored) visa, and the Minister has approved a nomination by a State or Territory specified by the Minister in an instrument in writing for this item as a State or Territory in which arrangements are established for suitable English language training: (A) has concessional competent English; and (B) has paid the required fee or charge for English language training in the nominating State or Territory; or |
||
|
(iii) if the applicant has applied for a Subclass 475 (Skilled — Regional Sponsored) visa or a Subclass 487 (Skilled — Regional Sponsored) visa, and the Minister has accepted a sponsorship by a person living in a State or Territory specified by the Minister in an instrument in writing for this item as a State or Territory in which arrangements are established for suitable English language training: (A) has concessional competent English; and (B) has paid the required fee or charge for English language training in the State or Territory in which the sponsor resides; or (iv) has competent English; and (g) either: (i) met the 2 year study requirement in the period of 6 months ending immediately before the day the application was made; or (ii) at the time of application, has been employed in a skilled occupation for a period totalling at least 12 months in the 24 months immediately before that day |
Part 6B.11 State or Territory nomination qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B111 |
The applicant: (a) has applied for 1 of the following visas: (i) a Subclass 176 (Skilled — Sponsored) visa; (ii) a Subclass 475 (Skilled — Regional Sponsored) visa; (iii) a Subclass 487 (Skilled — Regional Sponsored) visa; (iv) a Subclass 886 (Skilled — Sponsored) visa; and (b) has been nominated by a State or Territory government agency for the purposes of the visa application; and the Minister has accepted the nomination |
10 |
Part 6B.12 Designated area sponsorship qualifications
|
Column 1 Item |
Column 2 Qualification |
Column 3 Number of points |
| 6B121 |
The applicant: (a) has applied for 1 of the following visas: (i) a Subclass 475 (Skilled — Regional Sponsored) visa; (ii) a Subclass 487 (Skilled — Regional Sponsored) visa; and (b) has been sponsored by a relative; and the Minister has accepted the sponsorship |
25 |
[129] Schedule 8, clause 8539
substitute
-
While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of Schedule 6A, as in force:
(a)when the visa was granted; or
(b)if the holder has held more than 1 visa that is subject to this condition — when the first of those visas was granted.
[130] Schedule 8, clause 8549
substitute
-
While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6701 of Schedule 6, as in force:
(a)when the visa was granted; or
(b)if the holder has held more than 1 visa that is subject to this condition — when the first of those visas was granted.
Schedule 2 Amendments relating to general skilled migration visas — commencing on 1 January 2008
(regulation 4)
[1] Schedule 2, clause 134.225
omit
[2] Schedule 2, clause 134.324
omit
[3] Schedule 2, clause 136.228
omit
[4] Schedule 2, clause 136.324
omit
[5] Schedule 2, clause 137.227
omit
[6] Schedule 2, clause 137.324
omit
[7] Schedule 2, clause 138.222
omit
[8] Schedule 2, clause 138.323
omit
[9] Schedule 2, clause 139.223
omit
[10] Schedule 2, clause 139.323
omit
[11] Schedule 2, clause 861.228
omit
[12] Schedule 2, clause 861.324
omit
[13] Schedule 2, clause 862.222
omit
[14] Schedule 2, clause 862.323
omit
[15] Schedule 2, clause 863.223
omit
[16] Schedule 2, clause 863.323
omit
[17] Schedule 2, clause 880.226
omit
[18] Schedule 2, clause 880.323
omit
[19] Schedule 2, clause 881.222
omit
[20] Schedule 2, clause 881.323
omit
[21] Schedule 2, clause 882.223
omit
[22] Schedule 2, clause 882.323
omit
[23] Schedule 2, clause 883.224
omit
[24] Schedule 2, clause 883.323
omit
Note
-
All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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