Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p41
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 41/178)
Character Range: 1526554–1529235

mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (5) If a manner specified in the labour agreement for the purposes of subclause (4) is that the applicant's skills must be assessed as suitable for the occupation to which the position relates, all of the following apply:
 (a) the applicant's skills have been assessed as suitable 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 labour 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.

186.244
 (1) The applicant satisfies public interest criterion 4005.
 (2) Each person covered by subclause 186.213(4), (5) or (6) satisfies public interest criterion 4005.
 (3) Each member of the family unit of the applicant who is not an applicant for a Subclass 186 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
 (4) Each person:
 (a) who was, at the time of application, a member of the family unit of the applicant but is no longer a member the family unit of the applicant; and
 (b) who is a member of the family unit of an applicant who is covered by subclause 186.213(5) or (6); and
 (c) who is not an applicant for a Subclass 186 visa;
satisfies public interest criterion 4005 unless it would be unreasonable to require the person to undergo assessment in relation to the criterion.
186.3—Secondary criteria
Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfied at the time a decision is made on the application.
186.31—Criteria

186.311
 (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
 (2) The applicant:
 (a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 186 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
 (b) made a combined application with the primary applicant.
 (3) The applicant meets the requirements of this subclause if:
 (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 186 visa, and the primary applicant has since been