Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p32
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 32/40)
Character Range: 2190133–2193050

criteria
Note: The primary criteria 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.
858.21—Criteria to be satisfied at time of application

858.211
  The applicant was invited, in writing, by the Minister to apply for the visa.

858.212
 (1) The applicant meets the requirements of:
 (a) both subclauses (2) and (3); or
 (b) subclause (4).
 (2) The applicant:
 (a) has an internationally recognised record of exceptional and outstanding achievement in one of the following areas:
 (i) a profession;
 (ii) a sport;
 (iii) the arts;
 (iv) academia and research; and
 (b) is still prominent in the area; and
 (c) would be an asset to the Australian community; and
 (d) would have no difficulty in obtaining employment, or in becoming established independently, in Australia in the area; and
 (e) produces a completed approved form 1000; and
              Note: An approved form 1000 requires the applicant's record of achievement in an area (as mentioned in paragraph (a)) to be attested to by:
                 (a) an Australian citizen; or
                 (b) an Australian permanent resident; or
                 (c) an eligible New Zealand citizen; or
                 (d) an Australian organisation;
who has a national reputation in relation to the area.
 (f) if the applicant has not turned 18, or is at least 55 years old, at the time of application—would be of exceptional benefit to the Australian community.
 (3) The area in which the applicant has an internationally recognised record of exceptional and outstanding achievement and the applicant's achievements in that area is the area and those achievements stated in the invitation to apply for the visa.
 (4) The applicant meets the requirements of this subclause if, in the opinion of the Minister, acting on the advice of:
 (a) the Minister responsible for an intelligence or security agency within the meaning of the Australian Security Intelligence Organisation Act 1979; or
 (b) the Director‑General of Security;
the applicant has provided specialised assistance to the Australian Government in matters of security.

858.213
 (1) If, at the time of application:
 (a) the applicant is the holder of a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or
 (b) the last substantive visa held by the applicant was a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the applicant must have held that visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
 (2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).
858.22—Criteria to