7Exempt applicant for an occupation

#### 7 Exempt applicant for an occupation (1) A person who has applied for a Subclass 482 (Skills in Demand) visa is an exempt applicant for an occupation mentioned in column 1 of an item of the table in section 6 if: (a) all of the following apply in relation to the person: (i) the person holds a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 482 (Skills in Demand) visa; (ii) the person satisfied the primary criteria for the grant of that visa; (iii) the person is employed in Australia in the nominated occupation to which the application relates; or (b) both of the following apply in relation to the person: (i) the person is employed by a company operating an established business overseas in the same occupation as, or a similar occupation to, the nominated occupation to which the application relates; (ii) the person is nominated by a standard business sponsor who is that company or an associated entity of that company. (2) A person who has applied for a Subclass 482 (Skills in Demand) visa is an exempt applicant for an occupation mentioned in column 1 of an item of the table (other than item 21) in section 6 if: (a) both of the following apply in relation to the person: (i) the person holds a relevant qualification for the nominated occupation to which the application relates that is commensurate with the qualification specified for the occupation in ANZSCO; (ii) the qualification was obtained as a result of the successful completion of a course of study or training in Australia or a permitted country for the occupation; or (b) both of the following apply in relation to the person: (i) the nominated occupation to which the application relates requires the person to hold a licence, registration or membership to perform the occupation; (ii) the person has been granted that license, registration or membership; or (c) the person has met the standards set by TRA under the Offshore Skills Assessment Program for the nominated occupation to which the application relates. (3) A permitted foreign country for an occupation mentioned in column 1 of an item of the table in section 6 is a foreign country, or a Special Administrative Region of a foreign country, that is not mentioned in column 2 of that item. (4) A person who has applied for a Subclass 482 (Skills in Demand) visa is an exempt applicant for an occupation mentioned in item 21 of column 1 of the table in section 6 if: (a) the person holds a relevant qualification for the nominated occupation to which the application relates that is commensurate with the qualification specified for the occupation in ANZSCO; and (b) the person will receive annual earnings of at least AUD180,000; and (c) the person is nominated by a standard business sponsor who has been given accredited status by the Department.