Migration Regulations 1994

This clause applies to an applicant for a visa (the subsequent visa):

who previously held a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream that was granted on the basis of study undertaken in a designated regional area at an educational institution located in the designated regional area; and

who held, at the time the application for the subsequent visa was made:

a Subclass 485 (Temporary Graduate) visa in the Post‑Study Work stream granted on the basis of an application to which subparagraph 1229(2)(a)(ia) of Schedule 1 applied; or

a Subclass 485 (Temporary Graduate) visa in the Replacement stream; and

to whom clause 485.234 does not apply.

The applicant must have:

lived only in a designated regional area while undertaking the study mentioned in paragraph (1)(a); and

lived only in a designated regional area for a period of at least 2 years immediately before applying for the subsequent visa; and

if the applicant also worked or studied—worked or studied only in a designated regional area for a period of at least 2 years immediately before applying for the subsequent visa.

At the time of the decision on the application for the subsequent visa:

the applicant lives only in a designated regional area; and

if the applicant also works or studies at that time—the applicant works or studies only in a designated regional area.

The applicant declared in the application for the subsequent visa that the applicant, and any member (the family member) of the applicant’s family unit who made a combined application with the applicant, intend:

to live only in a designated regional area; and

if the applicant or the family member also works or studies (or proposes to work or study)—to work or study only in a designated regional area.

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.