Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p74
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 74/178)
Character Range: 1608366–1611103

was seeking to satisfy the criteria for a Subclass 189 visa in the Hong Kong stream at the time of application:
 (a) each member of the family unit of the secondary applicant who is an applicant for a Subclass 189 visa satisfies public interest criterion 4007; and
 (b) each member of the family unit of the secondary applicant who is not an applicant for a Subclass 189 visa satisfies public interest criterion 4007 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to the criterion.
189.4—Circumstances applicable to grant

189.411
  The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
189.5—When visa is in effect

189.511
  Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.
189.6—Conditions

189.611
  If the applicant is outside Australia when the visa is granted:
 (a) first entry must be made before the date specified by the Minister; and
 (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.

Subclass 190—Skilled—Nominated
190.1—Interpretation
Note 1: For registered course, relevant assessing authority and skilled occupation: see regulation 1.03.
Note 2: Regulation 1.03 also provides that competent English has the meaning set out in regulation 1.15C.
Note 3: There are no interpretation provisions specific to this Part.
190.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 190 visa must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
 All criteria must be satisfied at the time a decision is made on the application.
190.21—Criteria

190.211
  The applicant was invited, in writing, by the Minister to apply for the visa.

190.212
 (1) At the time of invitation to apply for the visa:
 (a) the relevant assessing authority for the applicant's nominated skilled occupation had assessed the applicant's skills as suitable for that occupation; and
 (b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and
 (c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and
 (d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
 (2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a