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Australian Visa & Migration Information Subclass 491, 189, 190, 482 etc visa requirements
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25/01/2021

TRAVEL RESTRICTIONS AND EXEMPTIONS

From 22 January 2021, if you are travelling to or transiting through Australia you must provide evidence of a negative COVID-19 (PCR) test to your airline, taken 72 hours or less before your scheduled departure.

You need to apply for an exemption at least two weeks, but not more than two months, before your planned travel.

INDIVIDUAL EXEMPTIONS:

The Commissioner of the Australian Border Force and decision makers may grant you an individual exemption if you are:

# a foreign national travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response

# a foreign national whose entry into Australia would be in the national interest, supported by the Australian Government or a state or territory government authority

# providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies

# a foreign national with critical skills or working in a critical sector in Australia

# a foreign national sponsored by your employer to work in Australia in an occupation on the Priority Migration Skilled Occupation List (PMSOL)

# military personnel, including those who form part of the Status of Forces Agreement, Commonwealth Armed Forces, Asia Pacific Forces and Status of Armed Forces Agreement

# a person who resides on a vessel that seeks safe port at the closest appointed port for reprovisioning or safety reasons for a limited duration, supported by the relevant State or Territory government where safe haven is sought

# a student completing year 11 and 12, with support from the relevant Australian State or Territory government health authority and education department

# a student in your final two years of study of a medical, dental, nursing or allied health profession university degree, where you have evidence of a confirmed placement in an Australian hospital or medical practice which commences within the next two months

# travelling for compassionate and compelling reasons. (needing to travel due to the death or critical illness of a close family member.)

EXEMPT CATEGORIES

You are AUTOMATICALLY EXEMPT from the travel restrictions and can enter Australia (without obtaining an individual exemption) if you are:

# an Australian citizen

# a permanent resident of Australia

# an immediate family member of an Australian citizen or
permanent resident*

# a New Zealand citizen usually resident in Australia and their immediate family members.

# a person who has been in New Zealand for 14 days or more immediately prior to arrival by air in Australia

# a diplomat accredited to Australia, including their immediate family members (each member of the family unit must hold a valid subclass 995 visa)

# a person transiting Australia for 72 hours or less
airline crew, maritime crew including marine pilots

# a person recruited under the Government approved Seasonal Worker Program or Pacific Labour Scheme

# a person who holds a Business Innovation and Investment (subclass 188) visa.

13/01/2021

What is DAMA

A Designated Area Migration Agreement (DAMA) is a formal agreement between the Australian Government and a Designated Area Representative (DAR). It provides concessions to standard migration program under Subclass 482, 494, or 186.

There are currently seven DAMA lists in place:

1. The Orana region DAMA ( 73 occupations available)

2. The Northern Territory DAMA II ( 117 occupations available)

3. The Far North Queensland DAMA ( 70 occupations available)

4. The Adelaide City Technology and Innovation Advancement DAMA (metro) (64 occupations available)

5. The South Australian Regional Workforce DAMA (Regional) (139 occupations available)

6. The Victoria’s Great South Coast DAMA (27 occupations available)

7. The Goldfields DAMA (72 occupations available)

HOW DOES DAMA WORKS?

Sponsoring employer applies to DAR, after assessment DAR issues letter of endorsement. After endorsement employer makes an application to enter an individual DAMA labour agreement with the Immigration. After receiving positive outcome from the Immigration, sponsoring employer nominates an employee and, the employee can lodge a visa application under the labour agreement stream.

03/01/2021

STANDARD BUSINESS SPONSOR (SBS)

Standard Business Sponsorship (SBS) is an agreement with the Australian government that allows certain Australian businesses to sponsor overseas citizens to work in highly skilled occupations.

Business can sponsor someone to work for you on a Temporary Skill Shortage (TSS) Subclass 482 visa and can receive priority when the department process the associated TSS visa nomination and application.

The various types of entities that would generally apply for SBS approval should fall within one of these groups:
• sole traders;
• partnerships;
• proprietary companies;
• public companies;
• government departments;
• statutory authorities;
• not-for-profit-organizations; and
• educational institutions.

To become a standard business sponsor, a business must be legally established and currently operating in or outside Australia. Business must declare in writing that it has a commitment to employ local labour and you will not engage in a discriminatory recruitment process.

18/12/2020

Subclass 482
(Sponsored work visa Eligibility criteria)

 If applicant is in Australia, then applicant must have complied with the conditions imposed in the previous visa held.

 Application and work sponsor should be approved. The approval of the nomination should not have been ceased.

 Nominated occupation and intention to perform the nominated occupation should be genuine.

 The applicant must have necessary skills, qualification and employment background to perform the task of the nominated occupation

 If required then applicant should demonstrate in the matter specified, that he or she has those skill

 The applicant must have adequate arrangements for health insurance during the period of intended stay in Australia.

 The applicant with nominated occupation in medical practitioner, then qualification should be recognised by relevant registration authority of medical practitioner

 The applicant should have worked in the nominated occupation or a related field for at least 2 year

 The applicant should satisfy language test requirement. Each component Overall 4.5 and overall score of 5 on IELTS.

 The applicant is employed to work in the nominated occupation.

15/12/2020

NSW has released their SOL list

Skilled Nominated (Permanent) visa (subclass 190)
133211 Engineering Manager
134212 Nursing Clinical Director
233911 Aeronautical Engineer
233916 Naval Architect
254411 Nurse Practitioner
254413 Registered Nurse (Child and Family Health)
254414 Registered Nurse (Community Health)
254415 Registered Nurse (Critical Care and Emergency)
254417 Registered Nurse (Disability and Rehabilitation)
254418 Registered Nurse (Medical)
254421 Registered Nurse (Medical Practice)
254499 Registered Nurses nec
261111 ICT business Analyst
261112 Systems Analyst
261311 Analyst Programmer
261312 Developer Programmer
261313 Software Engineer
262112 ICT Security Specialist
263111 Computer Network and Systems Engineer
312311 Electrical Engineering Draftsperson
312312 Electrical Engineering Technician

For 491 occupation list see NSW.BUSINESS webiste..

15/12/2020

REGIONAL CONDITION imposed on 491 & 494

After Subclass 491 grant there is a requirement for visa holders to live, work, and study in a Designated Regional Area (DRA) is to promote economic development in regional communities. Further information may be asked to produce, If you traveled more than the time period mentioned below (outside the DRA):
• You spend more than 90 days in total per annum outside the DRA, or
• The holder spends more than 60 continuous days outside the DRA, or
• There is a pattern of extended and/or frequent absences that is indicative of employment outside the DRA.

The physical location of your employer is not conclusive. For example, the employer could be based in a metropolitan area of Australia, or overseas, but be operating in a DRA through a local office of the branch. If you working in the local office located in a DRA, then you meet the work requirement condition.

13/12/2020

Subclass 866 (PROTECTION VISA)

Subclass 866 Protection Visa is for you, if you are in Australia, and are unwilling or unable to return to your home country because you fear for your lives or fear being harm.

You can make a successful 866 Protection visa application if you can demonstrate Australia has a protection obligation in your regards. You must have a well-founded fear of persecution if returned to your home country. A well-founded fear of persecution includes harassment, oppression because of your

1. race; or
2. religion; or
3. political opinion, real or imputed; or
4. nationality; or
5. Membership of a particular social group.

The department will assess your claim. If your claim is not creditable then your visa application will be refused. You must not provide any bogus claims and documents just that you want to stay in Australia. You must have a well-founded fear of persecution in your home country.

10/12/2020

The states and territories have this week received their allocations of places for skilled migration and business visa nominations.

The exact statewide distribution figure will be released in the coming days.

03/12/2020

PTE has adjusted scores to align with the IELTS scores. Score of each band 84 is aligned with each band 8 in IELTS.

These changes have been reported to the Government's of Australia, and the current scores will remain in force until new policy is introduced addressing the changed marking parameter.

See PEARSON website for changed point score.

02/12/2020

Social worker occupation added to PMSOL

The occupation of Social Worker (272511) has been added to the PMSOL on 27 November 2020.

30/11/2020

COVID-19 visa concessions

If you hold or held, a temporary or provisional visa listed below during the COVID-19 concession period you may be eligible for a COVID-19 concession. The COVID-19 concession period commences from 1 February 2020 and is an interim arrangement.
See details on COVID-19 concessions available for:

• Subclass 887 visa
• Subclass 888 visa
• Subclass 188 visa
• Subclass 790 visa
• Subclass 485 visa

[See DHA COVID-19 website for further information.]

COVID-19 concession for certain family visa applicants.

This temporary concession will be for people who are in Australia and are not able to travel offshore to be granted the visa due to COVID-19 related border closures.

The concession will apply to certain applicants for the following Family visa subclasses:
• Child (subclass 101) visa
• Adoption (subclass 102) visa
• Dependent Child (subclass 445) visa
• Prospective Marriage (subclass 300) visa
• Partner (subclass 309) visa

Further information will be available in early 2021.

25/11/2020

Subclass 417 (Working Holiday Visa)

1. You must hold an eligible passport and must be aged between 18 to 30 years. Citizens of France, Canada, and Ireland have an age limit between 18 to 35 years.

2. You must have a genuine intention to stay in Australia. Your purpose to visit Australia is to spend a holiday only.

3. You must have sufficient money for the fare to leave Australia. Supporting documentation may include
• Bank Passbook
• Bank account statements and/or credit card statements.
• Letter from banks or other financial institution
• Written confirmation by a third party showing that the third party has sufficient funds.

22/11/2020

How SOL list affects 189, 190, and 491 visas:

• nominated occupation must be on the Medium and Long term Strategic Skills List (MLTSSL) for 189 and 491 (Family Sponsorship)

• the nominated occupation must be on either the Medium and Long term Strategic Skills List (MLTSSL) or Short term Skilled Occupation List (STSOL) for 190 visa

• the nominated occupation must be on either the Medium and Long term Strategic Skills List (MLTSSL), Short term Skilled Occupation List (STSOL), or Regional Occupation List (ROL) for 491 (State Nomination)

17/11/2020

Visas affected by EOI ranking

The ranking of EOIs is relevant to Subclass 189 and Subclass 491 (Family Sponsored stream). The ranking is an automatic process. The ranking is based on the information provided by you and the timeframe in which it is submitted.

The ranking does not apply to EOIs for visas that require a state and territory, or Austrade nomination:

• Business Talent (Subclass 132)
• Business Innovation and Investment (Subclass 188)
• Skilled Nominated (Subclass 190)
• Subclass 491 (State Nominated)

Some states and territories may adopt a ranking system of their own to select who they will nominate.

10/11/2020

Work limitation on Subclass 500 (Student Visa)

Work is an activity that, in Australia, normally attracts remuneration.

Condition 8105 states that student visa holders are also not permitted to work more than 40 hours a fortnight while their course of study or training in which they are enrolled is ‘in-session’, with the exception of those who have commenced a masters degree by research or doctoral degree.

A course is considered to be ‘in-session’:

· for the duration of the advertised semesters (including periods when exams are being held);

· if a student is undertaking another course during a break from their main course and the points, will be credited towards their main course.


Work limitation does not apply while their the course of study or training in which they are enrolled is ‘out of session’

A course is considered to be ‘out of session':

· during scheduled course breaks

· if the course has been deferred or suspended in line with Standard 9 of the National Code of Practice for Providers of Education and Training to Overseas Students

· if a student has completed their course as scheduled (as per dates listed on their CoE) and still holds a valid Student visa

· if a student’s enrolment has been canceled due to the default of their education provider until they secure alternative enrolment and commence the course.

09/11/2020

How does EOI Ranking Works

If you change the information in your EOI, but it does not change your points score or eligibility, this will not affect your ranking. The date of effect will also change with any automatic system e.g. Points claimed against the age group will change if you have a birthday that changes your age bracket for the points.

An example of how the points score of an EOI for a given subclass would change due to an intending migrant updating their details is as follows:
• You submitted a complete EOI for a Subclass 189 visa on 1 August 2018.

o You claimed a point score of 65, which included 10 points for your trade qualification.

o You later completed a Bachelor's degree, and on 10 September 2018 at 10 am, updated your EOI to claim an additional 5 points for this qualification.

o Hence, for the purposes of ranking the EOI, the date of effect is 10 September 2018 at 10 am with a point score of 70 points.

This change does not affect the date of submission of your EOI, which is still valid for 2 years from the original submission date of 1 August 2018, when you first submitted your EOI. The EOI date of effect is updated to 10 September 2018 when the qualification was added, altering the points from 65 to 70.

03/11/2020

Business Visa (Subclass 188)

Subclass 188 visa is suitable for you If you have business skills and want to own and manage a new or existing business in Australia or invest in Australian state territories. This temporary visa is granted for 4 years. After satisfying certain requirements, you may be eligible to apply for Subclass 888 permanent visa. You can be in, or out of Australia while making an application

The 188 visa has three streams:
• Business Innovation stream: if you want to develop, own, and manage a new or existing business in Australia.

• Investor stream: If you want to invest as least AUD 1.5 million in a state or Territory Government Security.

• Significant Investor stream: If you want to invest at least AUD 5 million in certain investments in Australia. You must have to maintain that business and investment activities.

31/10/2020

What is the Global Talent Visa?

The Subclass 858 (Onshore) or Subclass 124 (Offshore) visa is for persons in Australia who wish to settle permanently in Australia and who have an internationally recognised record of exceptional and outstanding achievement in an eligible area, or have provided specialised assistance to the Australian Government in matters of security.

Direction No. 85 commenced on 4 November 2019 and gives direction to the processing of these visas. It gives the highest priority to Distinguished Talent visa applications made in relation to the sectors or a related sector listed below and where:

• there is written communication from an Australian employer offering employment in Australia with an annual salary equivalent to or higher than the Fair Work high-income threshold (FWHIT); or

• the primary applicant's current earnings are an amount equal to or greater than the FWHIT; or

• there is evidence the primary applicant is to likely attract a salary that is equal to or greater than the FWHIT.

Applications made in relation to the below-mentioned sectors by applicants who provide evidence of their current earnings or future salary equal to or above the FWHIT (AUD 153,600) will be given priority processing of their Distinguished Talent visa application.

The relevant sectors are:
(a) AgTech (the application of technology to agriculture and food production);
(b) FinTech (technology that seeks to improve and automate the delivery and use of financial services);
(c) MedTech (medical technologies and pharmaceuticals);
(d) Cyber Security;
(e) Quantum Information, Advanced Digital, Data Science and ICT;
(f) Space and Advanced Manufacturing; and
(g) Energy and Mining Technology.

30/10/2020

Financial requirement for Student Visa (Subclass 500)

1. Travel expenses

2. The following living cost and expenses
• If you intent to stay in Australia for more than 12 months – AUD 21,041, or
• If you are intending to stay in Australia for less than 12 months, pro-rata equivalent of annual living cost mentioned above.

If the secondary applicant is making a combined application with you to stay in Australia for more than 12 months
• for a spouse or de facto partner - AUD7,362.
• for a dependent child - AUD3,152.

If the secondary applicant intends to stay less than 12 months, pro-rata equivalent of annual living cost.

3. The following courses fees, minus any amount already paid:

• If the study is less than 12 months, the fee for the course of study or the remaining component of the course of study, or

• If study duration is more than 12 months, course fees for the first 12 months study in Australia.

30/10/2020

What is 'ONE FAILS, ALL FAIL' criteria?

You will not be granted a visa unless you and your dependent satisfy the health requirement and pass the health test [PIC 4005]. If even one of the applicant (primary or secondary) fail the medical test, then all of your visa application will be refused. This is called ‘One fails, all fail’ rule.

There is no provision for a health waiver to be considered for this condition.

If health condition 4007 is required on your visa, then it may be waived only under certain circumstances.

23/10/2020

Subclass 186 (Labour Agreement stream)

Labour agreement (LA) is formal arrangements negotiated between an employer and the Australian Government which lets an employer recruit an agreed number of skilled workers from outside Australia. The LA program is designed to provide a flexible solution to support Australian business where standard temporary or permanent skilled visa programs are not available, and the employer’s recruitment needs cannot be met through the Australian labour market.

If you are 45 years or older at the time of application, you cannot meet the age requirement unless the labour agreement between your employer and the Australian government states that a person above 45 may be employed.

Your visa application must be related to the position nominated by your employer under a current labour agreement.

You must have worked in your occupation or a related field for at least 3 years full time, or it should be reasonable to disregard this requirement. If the labour agreement provides a concession, this requirement is disregarded. 38 hours per week work is counted as full-time work.

22/10/2020

What is EOI ranking

The ranking of EOIs is relevant to Subclass 189 and Subclass 491 visa. The ranking is an automatic process. The ranking is based on the information provided by you and the timeframe in which it is submitted. The number of places available in the migration program is limited, not all EOI points score that is equal to or above the relevant pass mark will be issued an invitation to apply.

Once closed an EOI cannot be viewed by you, State and Territory government agencies, or Austrade. An EOI will be closed for one of the following reasons:
• two invitations to apply for a visa have expired, or
• the EOI has been in SkillSelect for two years, or
• You have withdrawn the EOI, or
• A visa application from an invitation has been finalised.

There is no requirement to attach supporting documentation in SkillSelect. After receiving your invitation, you have to provide supporting documentation to support your claim.

If you change the information in your EOI, but it does not change your points score or eligibility, this will not affect your ranking. The date of effect will also change with any automatic system e.g. Points claimed against the age group will change if you have a birthday that changes your age bracket for the points.

19/10/2020

What is SkillSelect

SkillSelect is an online service that enables skilled workers or business persons to express their interest in migrating to Australia. To submit an EOI, you have to include information about your skills and business information (where applicable). SkillSelect then issues invitations to apply for a visa based upon a ranking of your attributes.

SkillSelect also enables the staff of certain State and Territory government agencies and Austrade to view relevant information in an EOI. This information assists State and Territory government agencies and Austrade to identify intending migrants who they may nominate to help meet labour market needs.

SkillSelect is a three-stage process:
1. You express your interest in applying for a relevant skilled and/or business visa subclass(es) through completing an EOI

2. Eligible applicants may be invited to apply for a visa.
[State and Territory government agencies and Austrade are able to access limited information contained in SkillSelect, where the intending migrant has indicated that they are interested in visa subclasses requiring State and Territory nomination.]

3. Once invited to apply for a visa, you have 60 days to lodge an application for the visa specified in the invitation. The validity period of an invitation cannot be extended.

If you have an interest in more than one visa subclass and you are able to meet the eligibility for each of these visa subclasses, you can lodge EOI for each visa subclass. If you are unable to meet threshold eligibility for any visa subclass, you can retain your EOI in an incomplete status for up to 2 years and update claims as your circumstances change.

18/10/2020

Subclass 482 (Criteria for Short-term stream)

You must have worked in the nominated occupation, or a related field, for at least two years. This is to ensure that you are highly skilled and have experience in the occupation (or related occupation), and can quickly contribute that experience into the Australian workforce.

You must have gained work experience working on a full-time basis in the last five years. This period does not need to be continuous. Work undertaken as a part-time basis that is equivalent to two years full-time will also be considered. To be considered full-time employment,
• You must have worked 38 hours per week. Casual employment will not be counted toward meeting the work experience requirement.
• You worked for a period between 32 and 45 hours per week under an industry award or an agreement.

If you have not worked in the nominated occupation but have undertaken relevant work experience, it must be in the same or closely related to the nominated occupation and be at the same skill level (as outline in ANZSCO). Support from the relevant industry peak body that has endorsed your skills/experience may also be considered.

For example work experience as a Kitchen Hand or Cook cannot be counted towards the work experience requirement for a Chef position. Work experience must be gained at the appropriate skill level. The occupations of Kitchen Hands and Cooks are at lower ANZSCO skill levels than that of Chef. [See policy or table below for ‘industry-specific advice’]

17/10/2020

Why is POLICE CHECK CERTIFICATE required??

A police check is required to determine whether you pass the character test or not. You will fail the character test if you have a substantial criminal record. To have a substantial criminal record, you were/have been sentenced to a term of imprisonment of 12 months or more, or two or more terms of imprisonment (whether on one or more occasions).

It also covers situations where you are either acquitted of an offense due to mental health issues and detained in a facility or institution, or found not fit to plead in relation to an offense, but nevertheless found to have committed the crime and as a result detained in a facility or institution.

If you have been engaged in criminal conduct, but this does not meet the definition of substantial criminal record, the immigration considers whether another limb of the character test applies, such as not of good character on account of past and present criminal and/or general conduct.

16/10/2020

Please don’t hesitate to put forward your question relating to any visa for yourself or for friends.. please use SEND MESSAGE option in the page.. Thanks

15/10/2020

Most beneficial bridging visa

1. BVB with unlimited right to work
2. BVB with limited right to work
3. BVB with no work rights
4. BVA with unlimited right to work
5. BVA with limited right to work
6. BVA with no work rights
7. BVC with unlimited right to work
8. BVC with no work rights
9. BVD
10. BVR
11. BVE
12. BVF.

The factor that makes one BVA, BVB or BVC more beneficial than another bridging visa of the same class is whether a work-related condition has been imposed

12/10/2020

CRITERIA FOR SUBCLASS 494 (LABOUR AGREEMENT STREAM)

[Regulation 494.23, SCH 2 of the Migration Regulation 1994]

Labour agreement (LA) is formal arrangements negotiated between an employer and the Australian Government which lets an employer recruit an agreed number of skilled workers from outside Australia. LAs are generally in effect for five years and often include additional terms and conditions, with agreements negotiated to ensure that where standard requirements are waived or provide concession.

If you are 45 years or older at the time of application, you cannot meet the age requirement unless the labour agreement between your employer and the Australian government states that a person above 45 may be employed.

You must have worked in your occupation or a related field for at least 3 years full time, or it should be reasonable to disregard this requirement. If the labour agreement provides a concession, this requirement is disregarded. 38 hours per week work is counted as full-time work.

The required level of English language proficiency is competent English unless the labour agreement specifically provides for a concession to this requirement.

11/10/2020

Questions I answered raised by members via page are as follows. It may be beneficial for some members as well. Please feel free to correct me if I am wrong. I only posted a few questions..

Q) My friend who is offshore wants to know about a 204 visa. Can you please help? What are the requirements??

A) This Subclass 204 (Woman at Risk) visa if for that applicant who is registered as of concern with UNHCR. The woman at risk cases is usually referred by UNHCR. Applicants must also be in danger of victimization, harassment, or serious abuse because of the applicant’s s*x and must be living in a country other than one’s home country. This requirement will not be satisfied if the applicant can rely on the protection of state authorities. This visa criterion requires the applicant to be ‘subject to persecution’. ‘Persecution’ requires repeated or persistent oppression, injury, maltreatment, or harassment. Check your email.. I have sent the requirements in detail.
__________________________________________
Q) I just have finished my masters in Civil Engineering from major regional area of Queensland. I have 2.3 years field experience in my country. Does my experience will help me anyway in Australia? I am trying to get field job, but as I am temporary resident, nobody is ready to hire me. So what are the other options for to apply for PR? Moreover, if I get job in my field, is there any income threshold I need to meet to apply 491? Thank you in advance

A) To assess overseas experience you must have worked at least 3 years to get 5 points. If you find a job in your own field then you are likely to get invite for 190 as well. You get additional point and preference if you have ongoing Aussie experience of at least 1 year... you don’t need to meet the income threshold to apply for 491 visas. I suggest you try hard to find a job in your occupation so that you will become a desirable applicant for the state.
______________________________________
Q) I have a question on 491 if you can share insights.. I wanted to ask about the chances of 224712 (Organization and Method analyst) for 491 with 95 points at the moment. I want to migrate to SA.

A) SA has not issued an occupation list for this fiscal year. When the occupation list is released you can submit your EOI accordingly. Currently, your occupation is not on the priority list, therefore you cannot be granted 491 before the border is opened. 95 points are fair amount of points.
Your occupation is in the short-term list on the Australian Skill occupation list. Occupation is prioritized according to state. I checked your occupation against all the Migration regulations and policies. I figured out the following visas for your 491 (only state sponsor stream), 494, 190, and 187.
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Q) Hello sir can you please help me, do I need to have a skill assessment to apply for 494 visas as a chef or cook . ? I have done certificate 4 in commercial cookery 3 months back.

A) You have to declare that your skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa, or you must be exempted from skills declaration. The following are the exempted form declaration:
• You are an academic applicant, or
• You hold Subclass 444/461 visa.
The Visa application form asks you to make this declaration and provide a reference number for your skills assessment or explain why you are exempt from this requirement. This is the validity requirement to make a valid visa application of the Subclass 494 visa.

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