Migration Regulations 1994

At the time of application, subclause (2) or (3) applies.

All of the following apply:

the relevant assessing authority for the occupation has assessed the applicant’s skills as suitable for the occupation;

the assessment was not for a Subclass 485 (Temporary Graduate) visa;

if the assessment specifies a period during which the assessment is valid, and the period does not end more than 3 years after the date of the assessment—the period has not ended;

if paragraph (ab) does not apply—not more than 3 years have passed since the date of the assessment;

the applicant has been employed in the occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation.

The applicant is a person in a class of persons specified by the Minister in an instrument in writing for this subclause.