Migration Regulations 1994

At the time of application:

subclauses (2) and (3) applied; or

subclauses (4) and (5) applied; or

circumstances specified by the Minister under subclause (7) existed.

All of the following applied:

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

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

if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended;

if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

Both of the following applied:

the applicant held a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa in relation to which all of the following applied:

the occupation to which that visa related was the nominated occupation;

the applicant was required to demonstrate the matters mentioned in former paragraph 457.223(2)(d) or (4)(e), former subclause 482.212(4) or subclause 482.221(3) or 482.231(3) in relation to that visa;

that demonstration included demonstrating that a person or body had assessed the applicant’s skills as suitable for the occupation;

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

the person or body mentioned in subparagraph (a)(iii) was specified by the Minister under subclause (6) as the assessing authority for the nominated occupation.

If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

For the purposes of paragraph (4)(b) of this clause, the Minister may, by legislative instrument, specify a person or body as the assessing authority for an occupation.

The Minister may, by legislative instrument, specify circumstances in which the requirements of subclauses (2) to (5) are not required to have been met for the purposes of Subclass 494 visas in the Employer Sponsored stream.