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More information about the Australian immigration process

1. SCHEDULE 6D — GENERAL POINTS TEST FOR GENERAL SKILLED MIGRATION VISAS MENTIONED IN SUBREGULATION 2.26AC(1)
2. General principles on giving points (Schedule 6D cases)
3. Part 6D.1 Age qualifications
4. Part 6D.2 English language qualifications
   1. IELTS results must be from a single test
   2. OET results can use one or more tests
   3. Reg 1.15C Competent English
   4. Reg 1.15D Proficient English
   5. Reg 1.15EA Superior English
5. Part 6D.3 Outside of Australia employment experience qualifications
   1. employed
   2. Remunerated at least 20 hours a week
   3. Remuneration Leave periods
   4. Reg 1.15I Skilled occupation
   5. Employment must be skilled
   6. When is an applicant skilled?
6. Part 6D.4 Australian employment experience qualifications
   1. Closely related occupations
7. Part 6D.5 Aggregating points for employment experience qualifications
8. Part 6D.6 Australian professional year qualifications
9. Part 6D.7 Educational qualifications
   1. Points awarded for highest level qualification only
   2. Qualifications other than Australian educational qualifications
   3. Other qualifications and awards
10. Part 6D.7A Specialist educational qualifications
11. Part 6D.8 Australian study qualifications
    1. Reg 1.15F Australian study requirement
    2. Australian qualifications
12. Part 6D.9 Credentialled community language qualifications
13. Part 6D.10 Study in designated regional area qualification
    1. Designated regional area
    2. Distance education is not included Location of campus and where applicant lives
14. Part 6D.11 *Partner skill qualifications
15. Part 6D.12 State or Territory nomination qualifications
16. Part 6D.13 Designated area sponsorship qualifications
17. SCHEDULE
18. Terms used and legal references

More information about the Australian immigration process

FACTS ABOUT THE MIGRATION ADVICE PROFESSION AND US

• Most agents outside Australia are not registered. We are not just registered agents but also Australia lawyers.
• 70% of migration agents do not re-register after the first year and of those that remain registered 60% do not re-register after five years.
• We have more than 30 years of combined migration law experience.
• 80% of registered agents do not have a legal practicing certificate.
• 40% operate as a sole trader. We operate in corporate centres and in a professional environment subject to regulations.
• Out of 7,402 registered agents only 21% have more than 10 years’ experience.

ABOUT US

We are based in Australia. We are Barristers & Solicitors (An Australian Legal Practitioner). We are not just agents; we are Australian Migration lawyers with over 30 years of combined Migration law experience. Dinesh is one of only 21% of migration agents with such experience in Australia. Dinesh is renowned for providing excellent results for his clients. Do not miss out on this amazing opportunity to talk to him in person and get the best advice on how to create your new life in Australia.

What you need to do – Next step

Step 1 : Submit the “Australian Visa assessment form”

Step 2 : After submitting this “Australian Visa assessment form” please book an appointment via the link under category 2 to talk directly with an Australian lawyer (Dinesh Weerakkody) for an assessment and advice. (https://www.victorylaw.com.au/victory-law-appointment-booking/)

Notes:

• All appointments, advice and assessments are undertaken only by an Australian lawyer .
• At the consultation you will understand you Australian Migration prospects.
• We do not engage non-lawyer agents to provide advice or undertake assessments apart from administrative work.
• Due to the complex nature of Migration Law, we do not provide ad-hoc information , as it may be misleading and not proper legal advice. We only provide specific and accurate information with written file records in a paid consultation.
• We only contact potential/prospective applicants .
• We do NOT ACCEPT cases unless we are of the firm opinion of you meeting the relevant regulatory criterion for a visa and a likely chance of success.
• After a success in each stage we may move to the next step. With each successful step clients will get closer to obtaining a visa (Note: no guarantees can be provided by anyone for a visa until an application is lodged and a visa is granted!).

Australian Migration PROCESS – Three Steps

1. SCHEDULE 6D — GENERAL POINTS TEST – Legislative Authority

The legislative authority for the operation of the points test lies in sections 92 to 96 (inclusive) of Part 2 – Division 3 – Subdivision B of the Act.

A decision under section 65 of the Act to grant or refuse to grant a visa, based on a failure to satisfy the relevant Schedule 2 criteria

The visas to which Schedule 6D applies

This instruction is relevant in assessing the following visa applications under Schedule 6D of the regulations:

• SI-189 Skilled—Independent  (Permanent) – Points-tested stream
• SN-190 Skilled—Nominated  (Permanent)
• SP-489 Skilled—Regional  (Provisional) – First Provisional Visa Stream 
• PS-491 Skilled Work Regional (Provisional) (For applications lodged on or after 16 November 2019)

2. General principles on giving points (Schedule 6D cases)

Regulations gives some general principles on giving points:

• the applicant can be given only one score for each factor and
• where an applicant’s circumstances mean the applicant meets the requirements for more than one score for each factor, the applicant must be given the highest score that relates to their circumstances
• if an applicant holds an eligible passport they have competent English. If they also produce an IELTS test result that demonstrates that they have proficient English, they are to be awarded 10 points for their English language ability.
• the only person in the application who can be assessed against the points test is the applicant who was invited by the Minister to apply. This person must be the primary applicant. This is regardless of whether any other applicant has submitted a skills assessment or nominated a skilled occupation.

3. Part 6D.1    Age qualifications

4. Part 6D.2 English language qualifications

The person undertook a language test, specified by the Minister in an instrument in writing

https://www.legislation.gov.au/Details/F2014L01666

The primary applicants for Skilled Migration are required to demonstrate that they have competent English.

The primary applicant must have at least competent English.

• Test results must be no older than three years immediately before the day on which the visa application was made.
• You must be able to demonstrate at least competent English language ability.
• We will only start the free basic initial assessment if you attach an English language result and email it to us.
• The test must be specified by the Minister in an instrument in writing for the relevant paragraphs – https://www.legislation.gov.au/Details/F2014L01666

See the proof you need to provide to us for:

• Competent English
• Proficient English
• Superior English

Competent English

To prove you have competent English, show us evidence that:

you are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland or in the 3 years before you applied for the visa, you scored one of the following:

Proficient English

To prove you have proficient English, show us evidence that in the 3 years before you applied for the visa, you scored one of the following:

Superior English

To prove you have superior English, show us evidence that in the 3 years before you applied for the visa, you scored one of the following:

i. IELTS results must be from a single test

Applicants using an IELTS result to demonstrate they have proficient English must have scored a minimum of 7.0 for each of the four components of an IELTS test. Applicants are to demonstrate overall proficiency in English and, therefore, must have achieved these results in a single test. For example, an applicant cannot seek to use the speaking and listening results from one test, the writing results from another and the reading results from yet another test to demonstrate they have proficient English.

ii. OET results can use one or more tests

Applicants seeking to demonstrate English ability using OET results can use one or more tests to demonstrate that they have achieved a score at least “B” in each of the four components of an OET. However, each test in which the applicant achieved the specified score must have been undertaken in the 3 years immediately before the day the invitation was issued to the SkillSelect applicant.

iii. Reg 1.15C Competent English

(1)  A person has competent English if:

(a)  the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and

(b)  the person is an applicant for a visa; and

(ba)  for a person who was invited (or whose spouse or de facto partner was invited) by the Minister under these Regulations, in writing, to apply for the visa — the test was conducted in the 3 years immediately before the date of the invitation; and

(bb)  for a person to whom paragraph (ba) does not apply — the test was conducted in the 3 years immediately before the day on which the application was made; and

(c)  the person achieved a score specified in the instrument.

(2)  A person also has competent English if the person holds a passport of a type specified by the Minister in an instrument in writing for this subregulation.

iv. Reg 1.15D Proficient English

A person has proficient English if:

(a)  the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and

(aa)  the person is an applicant for a visa; and

(b)  the test was conducted in the 3 years immediately before the day on which the Minister invited the person under these Regulations, in writing, to apply for the visa; and

(c)  the person achieved a score specified in the instrument.

v. Reg 1.15EA Superior English

A person has superior English if:

(a)  the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and

(aa)  the person is an applicant for a visa; and

(b)  the test was conducted in the 3 years immediately before the day on which the Minister invited the person under these Regulations, in writing, to apply for the visa; and

(c)  the person achieved a score specified in the instrument.

5. Part 6D.3  Outside of Australia employment experience qualifications

i. employed

employed means engaged in an occupation for remuneration for at least 20 hours a week.

ii. Remunerated at least 20 hours a week

Working for at least 20 hours a week means 20 hours each week generally. However, where employment contracts provide for variable distribution of hours of work that extend beyond a week such as some shift workers, “fly in fly out” workers and seafarers, decision makers can take this into consideration in determining whether a person has worked ‘at least 20 hours per week.’

ii. Remuneration

For ‘remuneration’, the policy intention is that applicants have been engaged in the occupation on a paid basis. Mere emotional or psychological satisfaction or the acquisition of useful, but unpaid, professional experience is not considered ‘remuneration’ for points tested skilled migration purposes. A person receiving minimal living allowances or scholarships designed to cover expenses would not be considered to be remunerated.

iii. Leave periods

As employment must be for remuneration, only periods of leave on full pay may be counted as time during which an applicant was employed. That means those periods of extended leave without pay (for example, maternity or paternity leave) might not be counted as a period of employment.

iv. Reg 1.15I Skilled occupation

(1)  A skilled occupation, in relation to a person, means an occupation of a kind:

(a)  that is specified by the Minister in an instrument in writing to be a skilled occupation; and

(b)  if a number of points are specified in the instrument as being available — for which the number of points are available; and

(c)  that is applicable to the person in accordance with the specification of the occupation.

(2)  Without limiting subregulation (1), the Minister may specify in the instrument any matter in relation to an occupation, or to a class of persons to which the instrument relates, including:

(a)  that an occupation is a skilled occupation for a class of persons;

(b)  that an occupation is a skilled occupation for a person who is nominated by a State or Territory government agency.

v. Employment must be skilled

For employment to be awarded points under Schedule 6D, it should meet the following standards:

• had been undertaken at the required standard after the applicant met the entry level requirements as set by the relevant assessing authority for that occupation (that is, completed a sufficient level of study and or amount of on-the-job training and or post-qualification work experience and or registration requirement) and
• involve duties at the level of depth and complexity expected in Australia.

If you need specific advice to confirm if your work is “Skilled Work” please book an appointment before you proceed any further

vi. When is an applicant skilled?

An applicant is considered skilled for the purpose of obtaining skilled employment points from the date the relevant assessing authority assessed them as suitable in their nominated skilled occupation:

• If a skills assessment provides a date at which the assessing authority is of the view that the applicant became suitably skilled for awarding employment points, the department will consider only employment undertaken from that date as meeting the skilled employment experience criteria in Schedule 6D. For example, if an applicant has obtained a skilled employment opinion from Australian Computing Society (ACS), they should record in SkillSelect the periods of employment the ACS has determined are at the skilled level and eligible for being awarded points.
• The date on which an applicant becomes suitably skilled for employment experience points may be different from the date on which a relevant assessing authority assesses the person as suitable. For example, a relevant assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant as suitably skilled for the purpose of employment points.
• If the applicant has made claims of skilled employment periods that are not considered by the assessing authority on the skills assessment, the department may refer to publicly available information set by the relevant assessing authority or ANZSCO in order to make a full assessment of the claims. This situation might arise if an applicant is claiming skills over a ten year period but the skills assessment states that it only assesses claims of work experience undertaken in the 5 years immediately prior to skills assessment.

If you need specific advice to confirm if your work is “Skilled Work” please book an appointment before you proceed any further

6. Part 6D.4 Australian employment experience qualifications

Part 6D.5 Aggregating points for employment experience qualifications

(1)  If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:

(a)  the Minister must give the applicant 20 points under this Part for the qualifications; and

(b)  no points are given under Part 6D.3 or 6D.4.

(2)  The prescribed number of points for the combination of qualifications is 20.

 – Australian and overseas employment experience factors are assessed separately, subject to the maximum number of points that can be awarded for any combination of skilled employment experience. Only 20 points can be awarded for any combination of skilled employment in and outside Australia

Employed is defined in regulation 2.26AC(6) for Schedule 6D to mean ‘engaged in an occupation for remuneration for at least 20 hours a week.

For employment to be awarded points under Schedule 6D, it should meet certain criterion. E.g.: Employment must be skilled

i. Closely related occupations

Under policy, closely related occupations are those occupations that fall within one unit group classified under ANZSCO. Under ANZSCO, occupations are grouped together to form “unit groups”. Generally, all unit groups are at one skill level. Skill level is defined as a function of the range and complexity of the set of tasks performed in a particular occupation, and is generally measured by the level or amount of formal education and training, previous experience in a related occupation or on the job training. For example, if an applicant’s nominated occupation is Accountant (General) and the applicant has provided evidence of skilled employment in the occupations of Management Accountant (221112) and Taxation Accountant (221113), decision makers should consider these periods of employment as closely related for the purpose of awarding points.

If occupations have evolved or careers have advanced over the 10 years prior to invitation

Career advancement would usually take the form of promotion to a senior role or higher level that relates to a field of expertise and incorporates greater responsibility. For example, it is possible that over a 10-year period an accountant or engineer could advance in their career to a Chief Accountant or Chief Engineer, or a Chief Executive Officer. This type of career advancement may occur outside of the four-digit ANZSCO unit group but can be considered an exception to the policy requirement that closely related occupations be in the same ANZSCO unit group if it follows a well-established path for career advancement.

Whilst most occupations within the 10-year period would, in most instances, be covered by the three-digit ANZSCO Minor group code. There may be reasonable instances outside this, for example, a Geologist could transition to a University Lecturer and use their geology experience as a Lecturer.

Exceptions would also likely be seen with applicants who claim to be in managerial positions, which would fall within the Major group.

If you need specific advice to confirm if your work is “Closely related occupations” please book an appointment before you proceed any further.

7. Part 6D.5 Aggregating points for employment experience qualifications

(1)  If an applicant has a qualification mentioned in Part 6D.3 and a qualification mentioned in Part 6D.4, and the combined number of points that would be awarded under those Parts for the qualifications is more than 20 points:

(a)  the Minister must give the applicant 20 points under this Part for the qualifications; and

(b)  no points are given under Part 6D.3 or 6D.4.

(2)  The prescribed number of points for the combination of qualifications is 20.

8. Part 6D.6 Australian professional year qualifications

Subregulation 2.26AC(6) provides that a professional year means a course specified by the Minister in an instrument in writing.

There are currently three PY programs for which points can be awarded:

• The Professional Year Program provided by the Australian Computer Society which is available to information technology graduates;
• The Professional Year Program provided by Chartered Accountants Australia and New Zealand (CAANZ), the Certified Practising Accountants Australia (CPAA) and the Institute of Public Accounting (IPA) which is available to accounting graduates;
• The Professional Year Program provided by Engineers Australia which is available to engineering graduates.

Closely related occupations for PY

If a Professional Year provider has enrolled an applicant in a PY, officers can be satisfied that their occupation has been assessed by that provider as being a closely related occupation and no further assessment is required.

If officers have any concerns that an applicant’s skills assessment and degree/professional year are unrelated, please contact the GSM Program Support mailbox for further assistance.

9. Part 6D.7 Educational qualifications

i. Points awarded for highest level qualification only

The regulations preclude the awarding of points for more than one qualification (Decision makers award points to an applicant for the highest level of eligible qualification attained). For example, if an applicant presents evidence of having attained a doctoral qualification and a bachelor level qualification, decision makers must first consider the doctorate for the purpose of awarding points. If eligible for points for the doctorate qualification, the applicant will not be able to also claim points for another educational qualification.

ii. Qualifications other than Australian educational qualifications

Applicants may be eligible to be awarded points for overseas qualifications. Decision makers must be satisfied that the qualification attained is of a recognised standard equivalent to a qualification awarded by an Australian institution.

iii. Other qualifications and awards (6D75)

In addition to the formal qualifications specified above, applicants who attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation are eligible for points under 6D75.

This provides for applicants who have attained other recognised educational qualifications to be appropriately awarded points.

Such scenarios are likely to arise in trade occupations for which an applicant may have an award or qualification that is not eligible to be awarded points under 6D73 or 6D74​. In such cases, the relevant assessing authority, such as the TRA, may provide an opinion that the award or qualification, together with the applicant’s relevant on the job training, is comparable to an Australian trade level qualification. In certain instances, a relevant assessing authority may include additional criteria such as the successful outcome in a written exam, to recognise an applicant’s qualification for the purpose of awarding points.

Qualifications other than Australian educational qualifications

Applicants may be eligible to be awarded points for certain overseas qualifications, i.e. bachelor level or higher. Decision makers must be satisfied that the qualification attained is of a recognised standard.

Under the education factor, points may also be awarded if an applicant has attained a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for that occupation (refer to paragraph 6D75 of Part 6D.7 of the regulations).

Recognised standard

Subregulation 2.26AC(5) prescribes that decision makers must have regard to several factors when assessing whether an educational qualification is of a recognised standard. Those factors are:

• whether, at the time of invitation to apply for the visa, the educational qualification had been recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation; and
• whether, the educational qualification is recognised by a body specified by the Minister in an instrument in writing for this paragraph; and
• the duration of the applicant’s study towards the educational qualification; and
• any other relevant matter.

 Assessment by VETASSESS

Regulation 2.26AC  provides for recognition of qualifications by a body specified by the Minister.  Vocational Education and Training Assessment Services (VETASSESS) is the only body currently specified to provide this recognition.

An applicant can have their qualification assessed by VETASSESS to determine if it is of a recognised standard for the purpose of awarding points.  An applicant can provide this opinion up until the time the points decision is made.  Decision makers must have regard to any opinion provided by VETASSESS on an applicant’s qualification.

10. Part 6D.7A Specialist educational qualifications

Applicants are eligible for 10 points under Part 6D.7A of the regulations if they meet the requirements for the award of a specialist educational qualification.

Subregulations 2.26AC(5A) and (5B) specify the requirement a person must meet for the award of a specialist educational qualification.

This requires completion of either a masters degree by research (as opposed to a masters by coursework) or a Doctoral degree (PhD).

Additionally, the qualification must have included study of at least 2 academic years in Australia and be awarded by an Australian educational institution in a field specified in the instrument IMMI 16/076 – Specification of Fields of Education 2016/076. This currently covers “STEM” specialisations (i.e. Science, Technology, Engineering and Mathematics) and Information and Communication Technology (ICT). The instrument specifies the ‘narrow field of education’ the qualification must have been completed.

If it is unclear using the Provider Registration and International Student Management System (PRISMS) whether the qualification reflects the specific STEM field of education claimed by the applicant, refer to other available information such as documentation issued by the relevant Australian institution.

The term ‘narrow field of study’ should not be taken to require an exact match, for example, the narrow field of Biological Sciences would include microbiology.

If you need specific advice to confirm “Specialist educational qualifications” please book an appointment before you proceed any further.

11. Part 6D.8 Australian study qualifications

i. Reg 1.15F Australian study requirement

(1)  A person satisfies the Australian study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

(a)  that are registered courses; and

(b)  that were completed in a total of at least 16 calendar months; and

(c)  that were completed as a result of a total of at least 2 academic years study; and

(d)  for which all instruction was conducted in English; and

(e)  that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.

Note: Academic year is defined in regulation 1.03.

(2)  In this regulation:

completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.

Note:   The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for subregulation (2), before the award is formally conferred.

degree has the meaning given in subregulation 2.26AC(6).

diploma has the meaning given in subregulation 2.26AC(6).

trade qualification has the meaning given in subregulation 2.26AC(6).

ii. Australian qualifications

In awarding points for qualifications awarded by Australian educational institutions, regulation 2.26AC(6) provides meaning for the terms degree, diploma and trade qualification. Applicants are awarded points for Australian qualifications if they:

• meet the requirements for the award of a doctorate, bachelor degree, masters degree, diploma or trade qualification by an Australian educational institution (or industry training legislation or relevant industrial award in the case of trade qualifications)

or

• attain a qualification or award recognised by the relevant assessing authority for the applicant’s nominated skilled occupation as being suitable for the occupation.

Generally, Australian educational qualifications are obtained while applicants are living and studying in Australia. In certain instances, an applicant may claim points for Australian qualifications that are obtained while they lived overseas. For example, Australian education providers deliver courses overseas that meet the requirements of certain Australian qualifications (for example, a bachelor degree). Educational institutions in such cases award qualifications stating that the applicant meets the requirements of a specific Australian educational qualification.

12. Part 6D.9 Credentialled community language qualifications

Applicants are eligible for five points if they provide evidence that at the time of invitation to apply for the visa they were accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) at the para-professional level (level 2 or above). Proficiency can be demonstrated in either translating or interpreting.

There are three levels of formal credentialled community language qualifications that may be issued by NAATI and are eligible for points:

• accreditation at the paraprofessional level or above; or
• certification at the certified provisional level or above; or
• a community language credential.

The community language credential is the most recent acceptable certification option available from NAATI.

13. Part 6D.10 Study in designated regional area qualification

i. Designated regional area

The postcodes that constitute regional Australia and the eligible campuses that fall within those postcodes are specified in an instrument (LIN 19/217: Regional Areas Instrument 2019) for the purposes of paragraph 6D101 of Part 6D.10 of the regulations. This instrument applies to any relevant application that did not have an assessed score prior to 16 November 2019 when the current instrument came into effect.
LIN 19/217: Regional Areas Instrument 2019 – https://www.legislation.gov.au/Series/F2019L01446

Part 2—Regional areas

6  Regional areas

             (1)  A part of Australia that comes within a postcode mentioned in column 3 of the table in subsection (3) is specified:

                     (a)  to be a designated regional area for the purposes of regulation 1.15M of the Regulations; and

                     (b)  for the purposes of the definition of regional Australia in subregulation 5.19(16) of the Regulations.

             (2)  For the purposes of subparagraph 888.226(2)(c)(i) and paragraph 892.213(3)(b) of Schedule 2 to the Regulations, an area that comes within a postcode mentioned in column 3 of the table in subsection (3) of this section is specified.

             (3)  The following is the table:

Note: Items 14, 15, 17 and 19, and columns 1 and 2, of the table are included for information only.

ii. Distance education is not included

Item 6D101(d) precludes points being awarded for any study undertaken while enrolled at an educational institution in regional Australia as a distance student.

iii. Location of campus and where applicant lives

To assess whether the applicant lived in an eligible area(s) and studied at an eligible campus(es) for the award of points, decision makers should refer to relevant instrument (LIN 19/217: Regional Areas Instrument 2019). Note that all of South Australia, Tasmania, the Northern Territory and the Australian Capital Territory are designated regional areas for the purposes of Part 6D.10 (Study in designated regional area qualifications).

14. Part 6D.11 *Partner skill qualifications

• Changes to the partner skills criterion came into effect on 16 November 2019.
• The relevant time of the relationship status is the date of the points test assessment by the decision maker.

*If you need specific advice to confirm “partner’s skills” please book an appointment before you proceed any further.

15. Part 6D.12 State or Territory nomination qualifications – Subclass 190 (Skilled — Nominated) visa

16. Part 6D.13 Designated regional area nomination or sponsorship qualifications

Designated area means an area specified as a designated area by the Minister in an instrument in writing for this definition. 

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 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.

17. SCHEDULE

Schedule 6D of the regulations

Schedule 6D of the regulations provides the legislative framework for the points test. The Schedule has 13 Parts, against which applicants may be awarded points. These Parts are summarised in the following table:

18. Terms used and legal references

The following terms (all of which have a defined meaning) are used in this and related policy instructions.