Migration Regulations 1994

The applicant has the skills, qualifications and employment background (if any) specified by the Minister in the work agreement mentioned in clause 494.232:

for the nominated occupation; and

for the visa.

Either:

the applicant has worked in the nominated occupation or a related field for at least 3 years; or

the applicant has worked in the nominated occupation or a related field for the period (if any) specified by the Minister in the work agreement mentioned in clause 494.232:

for the nominated occupation; and

for the visa.

The applicant demonstrates that they have the skills that are necessary to perform the tasks of the nominated occupation in the manner (if any) specified by the Minister in the work agreement mentioned in clause 494.232:

for the nominated occupation; and

for the visa.

If a manner specified in the work agreement for the purposes of subclause (3) is that the applicant’s skills must be assessed as suitable for the nominated occupation, all of the following apply:

the applicant’s skills have been assessed as suitable for the nominated occupation by:

if there is a relevant assessing authority for the occupation—the relevant assessing authority for the occupation; or

otherwise—the person or body specified by the Minister in the work agreement for the occupation;

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 has not ended;

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

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.