Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p18
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 18/68)
Character Range: 1920986–1923630

visa is in effect on any day between 1 February 2020 and 14 December 2021; and
 (b) the holder of the visa is outside Australia on that day; and
 (c) disregarding this subclause, the visa is in effect on 18 February 2022;
the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 8 years from the date of grant.

491.512
 (1) If:
 (a) the applicant satisfies the secondary criteria for the grant of the visa (the secondary visa); and
 (b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of that visa;
temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder's visa.
 (2) However, if:
 (a) the primary visa holder's visa is in effect on any day between 1 February 2020 and 14 December 2021; and
 (b) the primary visa holder is outside Australia on that day; and
 (c) the primary visa holder's visa is in effect on 18 February 2022; and
 (d) the secondary visa:
 (i) is granted before 18 February 2022 and, disregarding this subclause, is in effect on 18 February 2022; or
 (ii) is granted on or after 18 February 2022;
the secondary visa is a temporary visa permitting the holder to travel to, enter and remain in Australia for 8 years from the date of grant of the primary visa holder's visa.
491.6—Conditions

491.611
  If the applicant is outside Australia when the visa is granted:
 (a) first entry must be made before the date specified by the Minister; and
 (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.

491.612
  Conditions 8578, 8579, 8580 and 8581 must be imposed.

Subclass 494—Skilled Employer Sponsored Regional (Provisional)
494.1—Interpretation

494.111
  In this Part:
nominated occupation, in relation to an applicant, means the occupation nominated by the nomination identified in the application.
Note: For relevant assessing authority: see regulation 1.03.
494.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 494 visa include criteria set out in streams.
 If an applicant applies for a Subclass 494 visa in the Employer Sponsored stream, the criteria in Subdivisions 494.21 and 494.22 are the primary criteria for the grant of the visa.
 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.