Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p16
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 16/68)
Character Range: 1916107–1918725

criterion 4005, unless it would be unreasonable to require the person to undergo assessment in relation to that criterion.

491.212
 (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 491 visa satisfies special return criteria 5001, 5002 and 5010.

491.213
  The applicant was invited, in writing, by the Minister to apply for the visa.

491.214
 (1) At the time of invitation to apply for the visa:
 (a) the relevant assessing authority for the applicant's nominated skilled occupation had assessed the applicant's skills as suitable for that occupation; and
 (b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and
 (c) 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 had not ended; and
 (d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
 (2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

491.215
  At the time of invitation to apply for the visa, the applicant had competent English.

491.216
 (1) The applicant's score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa.
 (2) The applicant's score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision.
Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.
 The prescribed points and the manner of their allocation are provided for in Division 2.6 of Part 2, and Schedule 6D, of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act.

491.217
 (1) If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn.
 (2) If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in