Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p17
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 17/68)
Character Range: 1918472–1921192

Territory government agency, the nomination has not been withdrawn.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 the following circumstances:
 (a) the sponsor has turned 18;
 (b) the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen;
 (c) the sponsor is usually resident in a designated regional area;
 (d) the sponsor is related to the applicant, or the applicant's spouse or de facto partner (if the applicant's spouse or de facto partner is also an applicant for a Subclass 491 visa), as:
 (i) a parent; or
 (ii) a child or step‑child; or
 (iii) a brother, sister, adoptive brother, adoptive sister, step‑brother or step‑sister; or
 (iv) an aunt, uncle, adoptive aunt, adoptive uncle, step‑aunt or step‑uncle; or
 (v) a nephew, niece, adoptive nephew, adoptive niece, step‑nephew or step‑niece; or
 (vi) a grandparent; or
 (vii) a first cousin;
 (e) each member of the family unit of the applicant who is also an applicant for a Subclass 491 visa is sponsored by the sponsor.
491.3—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.

491.311
  The applicant is a member of the family unit of a person who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of the visa.

491.312
 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 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.

491.313
  The applicant satisfies special return criteria 5001, 5002 and 5010.
491.4—Circumstances applicable to grant

491.411
  The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.
Note: The second instalment of visa application charge must be paid before the visa can be granted.
491.5—When visa is in effect

491.511
 (1) If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant.
 (2) However, if:
 (a) the visa is in effect on any day between 1 February 2020 and 14 December 2021; and
 (b) the holder of the visa is outside Australia on that day; and
 (c) disregarding this subclause, the visa is in effect on 18