Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p19
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 19/68)
Character Range: 1923397–1926119

If an applicant applies for a Subclass 494 visa in the Labour Agreement stream, the criteria in Subdivisions 494.21 and 494.23 are the primary criteria.
 The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
 All criteria must be satisfied at the time a decision is made on the application.
494.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 494 visa.

494.211
 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.
 (2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.
 (3) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010 and 4020.
 (4) Each member of the family unit of the applicant who:
 (a) is an applicant for a Subclass 494 visa; and
 (b) had turned 16 at the time of application;
satisfies public interest criterion 4019.
 (5) Each member of the family unit of the applicant who:
 (a) is an applicant for a Subclass 494 visa; and
 (b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
 (6) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criteria 4001, 4002, 4003, 4003B and 4004.

494.212
 (1) The applicant satisfies special return criteria 5001, 5002 and 5010.
 (2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies special return criteria 5001, 5002 and 5010.

494.213
 (1) Each of the following applies:
 (a) the nomination identified in the application has been approved under section 140GB of the Act;
 (b) the person who made the nomination was an approved work sponsor at the time the nomination was approved;
 (c) the approval of the nomination has not ceased under regulation 2.75B.
 (2) Both of the following apply:
 (a) the applicant's intention to perform the nominated occupation is genuine;
 (b) the position associated with the nominated occupation is genuine.

494.214
  Either:
 (a) there is no adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person; or
 (b) it is reasonable to disregard any adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person.

494.215
  Either:
 (a) the applicant has not, in the previous 3 years, engaged in