Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p23
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 23/68)
Character Range: 1933600–1936357

and
 (ii) for the visa.
 (3) The applicant demonstrates that they have the skills that are necessary to perform the tasks of the nominated occupation in the manner (if any) specified by the Minister in the work agreement mentioned in clause 494.232:
 (a) for the nominated occupation; and
 (b) for the visa.
 (4) If a manner specified in the work agreement for the purposes of subclause (3) is that the applicant's skills must be assessed as suitable for the nominated occupation, all of the following apply:
 (a) the applicant's skills have been assessed as suitable for the nominated occupation by:
 (i) if there is a relevant assessing authority for the occupation—the relevant assessing authority for the occupation; or
 (ii) otherwise—the person or body specified by the Minister in the work agreement for the occupation;
 (b) 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 has not ended;
 (c) if paragraph (b) does not apply—not more than 3 years have passed since the date of the assessment.
494.3—Secondary criteria
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
494.31—Criteria

494.311
  The applicant is a member of the family unit of a person (the primary applicant) who holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa.

494.312
 (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) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
 (4) If the primary applicant holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa in the Employer Sponsored stream, the applicant satisfies public interest criterion 4007.
 (5) If the primary applicant holds a Subclass 494 visa granted on the basis of satisfying the primary criteria for the grant of the visa in the Labour Agreement stream, the applicant satisfies public interest criterion 4005.

494.313
  The applicant satisfies special return criteria 5001, 5002 and 5010.

494.314
  Either:
 (a) the applicant is listed on the nomination identified in the primary applicant's application; or
 (b) the approved work sponsor or former approved work sponsor who has the most recent approved nomination under section 140GB of the Act of an occupation in relation to the primary applicant for