Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p10
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 10/68)
Character Range: 1900890–1903702

If an applicant applies for a Subclass 489 visa in the Second Provisional Visa stream, the criteria in Subdivisions 489.21 and 489.23 are the primary criteria.
 The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds one of the following visas on the basis of satisfying the primary criteria:
                 * a Skilled—Independent Regional (Class UX) visa;
                 * a Skilled—Designated Area‑sponsored (Provisional) (Class UZ) visa;
                 * a Subclass 475 (Skilled—Regional Sponsored) visa;
                 * a Subclass 487 (Skilled—Regional Sponsored) visa.
 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.
489.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 489 visa.

489.211
 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.
 (2) If the applicant had turned 18 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 489 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
 (4) Each member of the family unit of the primary applicant who:
 (a) is an applicant for a Subclass 489 visa; and
 (b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
 (5) Each member of the family unit of the primary applicant who:
 (a) is an applicant for a Subclass 489 visa; and
 (b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
 (6) Each member of the family unit of the primary applicant who is not an applicant for a Subclass 489 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.

489.212
 (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 489 visa satisfies special return criteria 5001, 5002 and 5010.
489.22—Criteria for First Provisional Visa stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 489 visa in the First Provisional Visa stream.

489.221
  The applicant was invited, in writing, by the Minister to apply for the visa.

489.222
 (1) At the time of invitation to apply for the visa:
 (a) the relevant assessing authority had assessed the applicant's skills as suitable for the applicant's nominated skilled occupation; and
 (b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and
 (c) if the assessment specified a period during which