Migration Regulations 1994

This regulation applies in relation to a person who is nominating a proposed occupation under paragraph 140GB(1)(b) of the Act in relation to any of the following (the nominee):

a holder of a Subclass 457 (Temporary Work (Skilled)) visa;

a holder of a Subclass 482 (Skills in Demand) visa;

a holder of a Subclass 482 (Temporary Skill Shortage) visa;

an applicant or a proposed applicant for a Subclass 482 (Skills in Demand) visa.

For the purposes of subsection 140GB(3) of the Act, the person may nominate a proposed occupation in accordance with the process set out in this regulation.

The nomination must be made using the internet.

The nomination must be made using the form specified by the Minister in a legislative instrument made for the purposes of this subregulation.

The nomination must be accompanied by the fee specified by the Minister in a legislative instrument made for the purposes of this subregulation.

The nomination must be accompanied by any nomination training contribution charge the person is liable to pay in relation to the nomination.

Unless the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream, the occupation must be nominated for a Subclass 482 (Skills in Demand) visa in:

if the occupation is an occupation in Major Group 1, 2, 4, 5 or 6 in ANZSCO and the nominee’s annual earnings (excluding non‑monetary benefits) would be equal to or more than the specialist skills income threshold—the Specialist Skills stream; or

if the occupation is an occupation specified in the instrument made under subregulation 2.72(9) in force at the time the nomination is made and paragraph (a) of this subregulation does not apply in relation to the occupation—the Core Skills stream.

For subregulations (3) to (5):

if the Minister specifies, in a legislative instrument made for the purposes of this subregulation, a different way of making a nomination of an occupation, in circumstances specified in the instrument, the application may be made in that way; and

if the Minister specifies in the instrument a form for the different way of making the nomination, the nomination must be made using that form; and

if the Minister specifies in the instrument a different fee for making the nomination, the nomination must be accompanied by that fee.

Subregulation (3) relates to making nominations on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulations (3) to (5) if special circumstances exist.

The nomination must identify the nominee.

The person must provide the following information as part of the nomination:

if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills stream—the name of the occupation and the corresponding 6‑digit code as they are specified in the instrument made under subregulation 2.72(9) in force at the time the nomination is made;

if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream—the name of the occupation, the corresponding 6‑digit code for the occupation and the Major Group in ANZSCO to which the occupation belongs;

if:

the person is a party to a work agreement or negotiations for a work agreement; and

the work agreement or proposed work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 482 (Skills in Demand) visa; and

the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream;

the location or locations at which the occupation is to be carried out;

the proposed period of stay for a visa granted on the basis of the nomination, in accordance with subregulations (10) and (11);

the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination;

any other information specified by the Minister in a legislative instrument made for the purposes of this paragraph.

For the purposes of paragraph 9(d), the proposed period of stay may be 1, 2, 3 or 4 years provided the period of stay is not inconsistent with any international trade obligations of Australia.

However, if:

the person is a party to a work agreement or negotiations for a work agreement; and

the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream;

The person must certify, in writing, as part of the nomination whether or not the person has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.

Unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13), the person must certify as part of the nomination, in writing, that:

the employment contract entered into with the nominee complies; or

the employment contract to be entered into with the nominee will, when entered, comply;

If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills, the person must certify as part of the nomination, in writing:

that the tasks of the position include a significant majority of the tasks specified for the occupation in:

ANZSCO; or

if there is no ANZSCO code for the occupation—the instrument made under subregulation 2.72(9) in force at the time the nomination is made; and

that the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in:

ANZSCO; or

if there is no ANZSCO code for the occupation—the instrument made under subregulation 2.72(9) in force at the time the nomination is made; and

unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13), that the occupation is a position in:

if the person is an overseas business sponsor or would be an overseas business sponsor if the person were approved as a standard business sponsor—the person’s business; or

in any other case—the person’s business or a business of an associated entity of the person.

If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream, the person must certify as part of the nomination, in writing:

that the tasks of the position include a significant majority of the tasks specified for the occupation in ANZSCO; and

that the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in ANZSCO; and

unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13), that the occupation is a position in:

if the person is an overseas business sponsor or would be an overseas business sponsor if the person were approved as a standard business sponsor—the person’s business; or

in any other case—the person’s business or a business of an associated entity of the person.

If:

the person is a party to a work agreement or negotiations for a work agreement; and

the work agreement or proposed work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 482 (Skills in Demand) visa; and

the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream;

the tasks of the position include a significant majority of the tasks specified for the occupation in:

ANZSCO; or

if there is no ANZSCO code for the occupation—the work agreement or proposed work agreement; and

the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in the work agreement or proposed work agreement.