Migration Regulations 1994 - Nomination Criteria
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Questions and Answers

Who does the regulation 2.72 apply to?

  • Any person who nominates a proposed occupation (correct)
  • Only holders of Subclass 457 visa
  • Both standard business sponsors and applicants for Subclass 482 visa
  • Only standard business sponsors

What is a requirement for the person making a nomination according to this regulation?

  • They must be an approved work sponsor and pay the nomination training contribution charge (correct)
  • They must have previously held a Subclass 457 visa
  • They need to be a party to negotiations for a work agreement
  • They must have a work agreement with a Minister

What does regulation 2.72 require from the Minister regarding the nominee?

  • The Minister must ensure there are multiple pending applications
  • The Minister must personally conduct interviews with nominees
  • The Minister must be satisfied with the nomination process compliance (correct)
  • The Minister can override any adverse information known

What kind of adverse information is considered in the approval of the nomination?

<p>Negative information known to Immigration about the nominee or associated persons (A)</p> Signup and view all the answers

Which visas are relevant in the context of regulation 2.72?

<p>Subclass 457 and Subclass 482 (B)</p> Signup and view all the answers

Under what condition can the Minister disregard adverse information?

<p>If it is reasonable to disregard the information (C)</p> Signup and view all the answers

What must an applicant or proposed applicant for Subclass 482 visa do under this regulation?

<p>Nominate a proposed occupation related to their skills (B)</p> Signup and view all the answers

What role does the Minister play in the nomination process outlined in regulation 2.72?

<p>The Minister oversees compliance with nomination criteria (D)</p> Signup and view all the answers

What is required of the nominee if their occupation falls under the Subclass 482 visa in the Medium-term stream?

<p>They must meet language test requirements specified for the Medium-term stream. (B)</p> Signup and view all the answers

What happens if the Minister is not satisfied with the nominee's annual earnings?

<p>The Minister will evaluate if earnings meet the temporary skilled migration income threshold. (C)</p> Signup and view all the answers

Which condition allows the Minister to disregard the annual market salary rate criteria?

<p>If the Minister believes the conditions are reasonable in the circumstances. (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for a Labour Agreement stream nomination?

<p>The nominee must have a clear criminal record. (A)</p> Signup and view all the answers

Under what condition can the Minister disregard the criterion related to annual earnings excluding non-monetary benefits?

<p>If the Minister disregards another related criterion. (C)</p> Signup and view all the answers

What does the annual market salary rate for an occupation need to be compared to?

<p>The temporary skilled migration income threshold. (C)</p> Signup and view all the answers

What is necessary for the employment conditions of a nominee under the 482 visa?

<p>They must be more favorable than those for Australian citizens. (D)</p> Signup and view all the answers

How does the Minister determine if the nominee's earnings are satisfactory?

<p>The Minister reviews the annual market salary rate and the temporary skilled migration threshold. (B)</p> Signup and view all the answers

Which statement is TRUE regarding the process for evaluating nominee eligibility?

<p>The Minister has discretionary power to overlook certain criteria under specific circumstances. (B)</p> Signup and view all the answers

What must the person do regarding discriminatory recruitment practices?

<p>Avoid any forms of recruitment that could be seen as biased. (C)</p> Signup and view all the answers

What is the significance of the legislative instruments referenced in relation to Subclass 482 visas?

<p>They set the framework for determining nominee eligibility. (A)</p> Signup and view all the answers

What must be satisfied if the occupation is nominated for a Subclass 482 visa in the Short-term stream regarding the employer's status?

<p>The employer must be a standard business sponsor. (A)</p> Signup and view all the answers

What is required for the Minister to disregard the absence of one or more persons on a nomination list?

<p>If it is deemed reasonable under the circumstances. (C)</p> Signup and view all the answers

What must be established if there is information suggesting unfavorable employment conditions?

<p>That the information suggesting unfavorability can be reasonably disregarded. (B)</p> Signup and view all the answers

Which of the following is a criterion for a Subclass 482 visa in the Labour Agreement stream?

<p>The occupation must match the work agreement specified occupation. (A)</p> Signup and view all the answers

What does the Minister need to verify regarding the occupation's corresponding code for a Subclass 482 visa?

<p>It must be specified in the instrument or work agreement. (D)</p> Signup and view all the answers

In the context of the Subclass 482 visa, what is a requirement regarding the position associated with the occupation?

<p>The position must be genuine and full-time. (A)</p> Signup and view all the answers

If the nominee holds a Subclass 457 visa, what must the nomination include?

<p>Each other holder of a similar visa based on relationship. (C)</p> Signup and view all the answers

What document must the person provide to the Minister if the occupation is nominated in the Short-term stream and they are not an overseas business sponsor?

<p>A copy of the signed employment contract. (B)</p> Signup and view all the answers

In what scenario can the Minister specify occupations for the purposes of the regulations mentioned?

<p>By legislative instrument. (C)</p> Signup and view all the answers

What is a requirement for the Minister regarding the financial obligations of a person nominating under the Subclass 482 visa?

<p>All debts related to nomination charges must be paid in full. (D)</p> Signup and view all the answers

Which criterion must be disregarded if the Minister finds it reasonable under the circumstances?

<p>The position must be a full-time position. (D)</p> Signup and view all the answers

Which of the following is NOT a requirement for a successful Subclass 482 visa nomination?

<p>The nominee must have a clean criminal record. (D)</p> Signup and view all the answers

What is required for the Minister to satisfy the legitimacy of a position associated with an occupation?

<p>It must be a genuine position as part of the business operations. (A)</p> Signup and view all the answers

Under what condition is the occupation and its corresponding code verified by the Minister?

<p>If it aligns with the occupation defined in the instrument or work agreement. (C)</p> Signup and view all the answers

For an overseas business sponsor, what document must be submitted alongside the nomination?

<p>A written employment contract signed by both parties. (B)</p> Signup and view all the answers

Flashcards

Regulation 2.72

Sets criteria for approving nominations for Subclass 457 and 482 visas.

Subclass 457 visa

A temporary work visa for skilled workers.

Subclass 482 visa

A temporary work visa for temporary skill shortages.

Standard business sponsor

A business legally authorized to sponsor workers.

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Nomination

The act of recommending or selecting a candidate.

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Work Agreement

A contract outlining work terms.

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Adverse information

Unfavorable information about an individual.

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Approved Work Sponsor

A person or organization with the permission to sponsor a worker.

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Subclass 482 visa nomination requirements

Criteria the Minister must be satisfied with before approving a subclass 482 visa nomination.

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Labour Agreement stream sponsor

A sponsor required for the Labour Agreement stream 482 visa nomination. Must be party to a work agreement

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Work agreement requirements

The work agreement must allow recruitment, employment or service engagement of specific individuals for the 482 visa.

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Debt payment requirement

Nominee must pay any outstanding fees (nomination training, penalties).

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Existing visa holders (457/482)

Nominees with 457 or 482 Visas must list other visa holders tied in relationship via the specified clauses.

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Minister's discretion (missing listed visa holders)

The Minister can ignore non-compliance, if reasonable.

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Occupation and 6-digit code

Occupation and its code must be listed in the appropriate documents (instrument/work agreement).

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Occupation applicability

The nominated occupation must be applicable to the nominee as per the instrument or work agreement.

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Short-term/medium-term stream occupation specification

The occupation's specification must be in the instrument in force when the nomination is made.

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Minister's legislative power

The Minister can set rules and regulations for occupations and nomination requirements.

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Genuine position

The nominated position or job should be a truly intended role.

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Full-time position

The position must meet full-time criteria for the approval.

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Minister's discretion (full-time)

The Minister can allow deviation from full-time requirement if justified.

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Employee contract (Short-term/medium-term)

Nominee must be an employee under a written contract with the nominator.

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Employee contract (Overseas Business Sponsor)

Nominee must be an employee under a written contract with the overseas business sponsor.

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Subclass 482 Short-term stream language requirements

Language test requirements for occupations nominated for a 482 Short-term visa, as specified in a legislative instrument for clause 482.223, Schedule 2.

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Subclass 482 Medium-term stream language requirements

Language test requirements for occupations nominated for a 482 Medium-term visa, as specified in a legislative instrument for clause 482.232, Schedule 2.

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Minister's satisfaction on nominee's earnings

The Minister must be satisfied that a nominee's annual earnings meet the specified amount.

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Annual market salary rate determination

A method for determining the annual market salary rate for a nominated occupation, as per a legislative instrument.

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Temporary skilled migration income threshold

A minimum income level specified by the Minister for temporary skilled migration.

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Disregard of earnings criterion (paragraph 15(d))

The Minister may disregard the earnings criterion if the market salary rate is not less than the migration income threshold, and it's reasonable to do so in the circumstances.

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Disregard of earnings criterion (paragraph 15(e))

The Minister may disregard the earnings criterion if they disregard another criterion (10(b)) for the associated occupation, and it's reasonable to do so.

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Disregard of earnings criterion (paragraph 15(f))

The Minister may disregard the earnings criterion if it's reasonable to do so in the circumstances.

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Labour market conditions (paragraph 15(g))

If the annual market salary rate is inconsistent with Australian labor market conditions, the Minister can disregard them or consider their reasonableness.

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Employment conditions (paragraph 18)

The employment conditions for nominees should not be less favorable than those for Australian citizens or permanent residents.

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Discriminatory recruitment practices

Business operators must not engage in discriminatory practices when recruiting.

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Labour Agreement stream occupation

Occupation specified in a work agreement that can be nominated under the 482 Labour Agreement stream

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Number of nominations (paragraph 19(c))

The number of 457 and 482 nominations made by the party and approved is restricted by the work agreement for the year.

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Study Notes

Migration Regulations 1994 - Reg 2.72: Criteria for Nomination Approval

  • Application: This regulation applies to individuals nominating occupations for Subclass 457 (Temporary Work Skilled) and Subclass 482 (Temporary Skill Shortage) visa holders, or applicants. This includes standard business sponsors, applicants to become sponsors, work agreement parties (excluding Ministers), and those negotiating work agreements (excluding Ministers).

  • Ministerial Satisfaction: The Minister must be satisfied with several criteria for approval:

    • The nomination process followed regulation 2.73.
    • No adverse information exists about the sponsor or associated parties, or any adverse information is deemed reasonable to disregard.
    • For Subclass 482 visas (Short-term/Medium-term streams) the sponsor must be a standard business sponsor. For Labour Agreement stream, the sponsor must be a work agreement party, and the agreement authorizes recruitment of the nominee.
    • Nomination training contributions are paid in full.

  • Information Requirements:

    • If the nominee holds a 457 or 482 visa, the sponsor must list any other visa holders with a related relationship as per relevant Schedule 2 clauses (before March 18, 2018, or subclause 482.312(1)).
    • The Minister may disregard missing listing if reasonable.

  • Nominated Occupation:

    • The occupation's 6-digit code must match a specified code in regulations/agreements.
      • For 482 Short/Medium-term, the code aligns with instruments (subregulation 9).
      • For 482 Labour Agreement, the code aligns with the work agreement.
    • The occupation must apply to the specific nominee according to the agreement/instrument.
    • The relevant regulatory instrument can specify occupations, their type (e.g., short-term, medium-long-term), and associated 6-digit ANZSCO codes or alternative codes.

  • The position associated with the occupation must be genuine and full-time. The minister can disregard this requirement if reasonable in the circumstances.

  • Additional Short-Term/Medium-Term Stream Requirements:

    • If the sponsor is not an overseas business sponsor and the occupation isn't specifically excluded by the Minister, the nominee must be employed under a written contract by the sponsor or an associated entity and the contract must be provided to the Minister

    • If the sponsor is an overseas business sponsor and the occupation isn't specified, the nominee must be employed under a written contract by the sponsor and the contract must be provided to the Minister

  • Language Requirements (Short/Medium Term): If the nominee has a 457 or 482 visa, and language tests are requested, the nominee must meet the specific requirements for the visa as set out by the Minister.

  • Annual Earnings Requirements (Short/Medium Term): The sponsor ensures the nominee’s annual salary meets a specified threshold.

    • The sponsor must demonstrate the occupation's annual market salary rate aligns with Australian market conditions. Annual market salary rates are determined by the specified method from subregulation (17).
    • Exceptions exist for disregards, if the rate meets the minimum temporary skilled migration income and it is reasonable to do so.

  • Other Considerations (Short/Medium Term):

    • The employment conditions, excluding earnings, will not be less favourable than those for Australian citizens/permanent residents.
    • Discriminatory recruitment practices are prohibited if the sponsor operates a business.

  • Labour Agreement Stream Requirements

    • The nominated occupation must be explicitly listed in the work agreement.
    • If the agreement has specific stipulations, they must be met.
    • The total approved nominations by the sponsor cannot exceed the agreement's allocated number for the year.

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Description

This quiz covers the criteria for nomination approval under Migration Regulations 1994, particularly focusing on Subclass 457 and Subclass 482 visa holders. It elaborates on the roles of standard business sponsors and work agreement parties, along with the Minister's requirements for approval. Test your understanding of these regulations and ensure you are familiar with the specific conditions for nominations.

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