Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023

The instrument operates by amending subordinate instruments that provide definitional and specification detail used under the Migration Regulations 1994. The main concepts introduced or altered by the amendments are definitional thresholds, temporal limits, and transitional application rules.

Key definitional changes:

• Legacy 457 worker (Schedule 1 item [3]): For Subclass 186 applications the instrument replaces the prior definition with three conjunctive requirements. The person must have held a Subclass 457 visa on or after 18 April 2017, must have been in Australia for at least 12 months during the COVID‑era window 1 February 2020 to 14 December 2021, and must have applied for the Subclass 186 visa on or before 30 June 2024. The inclusion of the specific application cut‑off date is a temporal cap embedded into the definition.
• Regional medical practitioner applicant (Schedule 1 item [5]): The new definition is conjunctive; the nominated position must be in a designated regional area, the applicant must have spent at least 2 years employed as a medical practitioner in a designated regional area during the 3 years before the visa application, and during that 3‑year period the applicant must have held one or more Subclass 457 or Subclass 482 visas for a total of at least 2 years. The definition treats employment and visa holding as time‑aggregated, allowing non‑continuous periods to count towards the threshold.
• Subclass 457/482 worker (Schedule 1 items [7]-[9]): The instrument alters paragraph (a) to require that the applicant was employed for a period of at least 2 years, rather than being continuously employed "at all times". It also replaces references to 3 years in paragraph (b) with 2 years, and substitutes paragraph (c) so that visa holding during the 3 years immediately before application must total at least 2 years in Subclass 457 or 482 status.

Conceptual mechanism:

• Time compression and aggregation. Several amendments replace 3‑year continuous thresholds with 2‑year aggregated thresholds. The changes therefore convert some continuity tests into total‑period tests and shorten the qualifying time windows for certain definitions.
• Removal of COVID‑era specific concessional definitions. The instrument repeals definitions and a separate section concerning coronavirus employment change and a related concessionary subclass 457/482 worker definition (Schedule 1 items [1], [2], [6], [10]). These repeals remove previously articulated concessions from the instrument being amended.
• Transitional application rules. Schedule 1 items [13] and [14], and Schedule 2 Part 2 item [3], set out specific application dates and treatment of applications made but not finally determined, thereby governing which cohorts of pending applications will be assessed under the old or new rules.

Statutory footing:

• The Minister makes these changes under several specific provisions of the Migration Regulations 1994, listed at clause 3. That list identifies subparagraphs and paragraphs in regulation 5.19 and Schedule 2 provisions relevant to nomination approvals and visa application pathways. The instrument therefore operates within the delegated instrument architecture that implements the Regulations.

These main concepts change how decision‑makers apply eligibility tests embedded in the subordinate instruments; they do not, in themselves, create new visa subclasses or specify procedural steps beyond transitional application coverage.

The instrument affects a defined set of participants in the employer‑sponsored visa ecosystem by changing statutory definitions and instruments used when assessing nominations and visa applications. The following groups are concretely affected, as indicated by the instrument text:

• Visa applicants for Subclass 186 (Employer Nomination Scheme) visas who fall within the legacy 457 worker definition. The new definition in Schedule 1 item [3] sets three requirements that determine whether an applicant is a "legacy 457 worker" for the purposes of the instrument being amended. In particular, applicants must have applied for Subclass 186 on or before 30 June 2024 to meet this definition, so applicants who apply after that date fall outside this category.
• Applicants who would be assessed as Subclass 457/482 workers for purposes of exemptions or pathways. Schedule 1 items [7]-[9] change how continuity and duration are measured; applicants with at least two years of employment or visa holding in the relevant windows may now satisfy the definitions where previously three years or unbroken continuity was required.
• Regional medical practitioners being nominated or applying for visas where "regional medical practitioner applicant" status is relevant. Schedule 1 item [5] specifies location and duration criteria: the nominated position must be in a designated regional area, the applicant must have spent at least 2 years employed as a medical practitioner in designated regional areas during the 3 years before application, and must have held 457 or 482 visas totalling at least 2 years during that 3‑year period.
• Employers or nominators seeking approval of nominations. The instrument amends a specification instrument relating to occupations and assessing authorities for Subclass 186 (see amendments to Migration (LIN 19/049) Instrument 2019 in Schedule 1 items [14]-[17]) and repeals instruments that specified persons and occupations for regulation 5.19 and for Subclass 187 (Schedule 2 Part 1 items [1] and [2]). The repeal and amendment changes which nominations and occupational specifications apply to nominations made on or after commencement, per Schedule 2 item [3].
• Decision‑makers and administrative officers applying the Migration Regulations. The instrument reconfigures the operational definitions they must apply; the transitional clauses in Schedule 1 items [13] and [14] require administrators to identify whether a given application or nomination was made before or after commencement and whether it is "not yet finally determined".
• Applicants who previously relied on coronavirus‑related concessions. The repeal of the coronavirus employment change section and the Subclass 457/482 coronavirus concession worker definition (Schedule 1 items [2], [6], [10]) removes those specific concessionary definitions from the instrument being amended and so affects any applicants or nominators who had relied on those concession rules in pending or future applications.

Who pays and compliance burden:

• The immediate compliance burden falls to applicants and employers who must establish that they meet the new or amended definitions when lodging or pursuing applications, or when seeking nomination approvals. Employers will need to adjust nomination paperwork to align with the altered occupation specifications and to confirm applicant eligibility under the revised period and regional criteria.
• Administrative decision‑makers must apply the transitional rules to determine whether an application is assessed under the pre‑ or post‑amendment instrument text, which imposes an evidentiary and processing exercise for applications "made, but not yet finally determined" as specified in Schedule 1 items [13] and [14].

The instrument does not, in its text, create new fees or penalties; it amends definitional and specification instruments that affect eligibility and administrative processing.

The instrument does not by itself create standalone duties or civil rights; rather it modifies definitions and related provisions in existing migration instruments which determine eligibility and administrative discretions. The practical duties and rights that flow from the amendments are therefore those embedded in the underlying visa and nomination frameworks that reference the amended instruments. From the text of LIN 23/078, the following duties and rights arise for relevant actors:

Duties on applicants and nominators to prove eligibility

• Applicants must demonstrate that they meet the revised definitions applicable to their application. For example, to qualify as a legacy 457 worker for a Subclass 186 application they must show they held a Subclass 457 visa on or after 18 April 2017, that they were present in Australia for at least 12 months between 1 February 2020 and 14 December 2021, and that they applied for the Subclass 186 visa on or before 30 June 2024, per Schedule 1 item [3]. The obligation to establish these facts arises because decision‑makers will apply the new definition when assessing eligibility.
• Regional medical practitioner applicants must establish the nexus between the nominated regional position, their periods of employment as a medical practitioner in designated regional areas totalling at least 2 years during the 3‑year look‑back window, and their holding of Subclass 457 or 482 visas for at least 2 years in that same 3‑year period, per Schedule 1 item [5].

Duties on decision‑makers to apply transitional rules

• Decision‑makers must determine whether an application was "made, but not yet finally determined" upon commencement or was made on or after commencement, in order to apply the correct version of the instrument, per Schedule 1 item [13]. Schedule 1 item [14] provides an analogous rule for the instrument amended in item [14], including a specific clause for approval of nominations made on or after 18 March 2018 but not yet finally determined upon commencement.
• Schedule 2 item [3] requires the repeals in Schedule 2 Part 1 to be applied to applications for approval of a nomination made on or after commencement, creating an administrative duty to map nominations by date.

Rights implicit in the framework

• Applicants have the right to be assessed under the legal instrument that applies to their application by reference to the transitional provisions. The inserted clauses specify which applications are to be assessed under the amended text and therefore preserve a procedural expectation that certain pending applications will be treated under the new rules when the instrument specifies so, see Schedule 1 items [13] and [14].
• Employers and nominators retain the right to lodge nomination approvals and to have those nominations considered under the relevant occupying specification instruments; however the scope of that right is shaped by the repeal and amendment of those instruments that set out specified occupations and persons, see Schedule 1 items [14]-[17] and Schedule 2 items [1]-[3].

No new criminal or civil penalties created

• The instrument itself does not introduce penalties, sanctions, or enforcement mechanisms beyond those already present in the Migration Regulations or the instruments it amends. The instrument effects definitional change; any sanction or remedy for non‑compliance with visa or nomination requirements remains governed by the principal legislation and regulation framework referenced at clause 3.

Allocation of decision rights

• The instrument is made by the Minister, under powers in the Migration Regulations 1994, and therefore alters the subordinate instruments within the delegated regulatory architecture. The text does not itself redistribute administrative decision‑making powers; it alters the statutory criteria that decision‑makers must apply when exercising existing powers under the Regulations.

In short, the operative duties are documentary and evidentiary: applicants and nominators must establish that they meet the revised temporal, location and visa‑holding criteria; decision‑makers are obliged to apply the transitional rules to determine which version of the instrument governs each application.

The Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 is an amending and repealing subordinate instrument, and its text does not insert any new penalty provisions or enforcement mechanisms into the Migration Regulations. The instrument effects changes to definitions, specifications and transitional application rules; penalties or enforcement that may arise in practice remain those already included in the Migration Act 1958, the Migration Regulations 1994, and the instruments that LIN 23/078 amends or repeals.

Specific observations drawn from the instrument:

• No penalty clauses included. Review of Schedule 1 and Schedule 2 shows the instrument repeals definitions and replaces certain paragraphs, inserts transitional clauses, and repeals whole instruments; it does not include any offence provisions, civil pecuniary penalty provisions, or express enforcement powers.
• Enforcement continues to be through the existing visa and nomination decision framework. Any adverse consequences for applicants or nominators who fail to meet the newly prescribed criteria will be the ordinary consequence of administrative refusal of nomination or visa, with the associated statutory review or merits review pathways that are available under the Migration Act and Regulations as they stand. LIN 23/078 neither alters those review pathways nor creates additional review or appeal rights in its text.
• Administrative burden for compliance may result in increased scrutiny. Although no new enforcement mechanism is created, the amendments change thresholds and definitions used in decision‑making; administrative officers will apply these new criteria when deciding whether to refuse or approve a nomination or visa application. This function may translate into additional requests for evidence, documentation checks, or fact‑finding in individual files, but those are operational consequences rather than statutory enforcement rules.
• Transitional provisions affect which applications are subject to the new criteria. Schedule 1 items [13] and [14] and Schedule 2 item [3] instruct decision‑makers about cut‑off dates and pending applications. That allocation could change whether an application is refused or approved under the old or new criteria, and therefore influences the practical enforcement outcome for applicants with pending matters.

Practical consequence for regulated parties

• For applicants, failure to meet the amended definitions will mean inability to qualify under the relevant instrument thresholds; the instrument does not create a new fine or criminal exposure for such failure. For employers or nominators, inability to satisfy new occupational or nomination specifications may result in refusal of nomination approvals, which in turn affects associated visa processing.

In summary, LIN 23/078 changes eligibility criteria and specification instruments that feed into enforcement outcomes; it does not itself create new penalties or novel enforcement powers.

LIN 23/078 is an instrument made under the Migration Regulations 1994 and therefore operates within and interacts directly with that regulatory framework and the Migration Act 1958. The instrument amends and repeals other subordinate instruments that themselves flesh out the operation of the Regulations. Concrete interaction points evident from the instrument text include the following.

Delegated legislation chain

• LIN 23/078 is made under specific provisions of the Migration Regulations 1994, listed in clause 3. The instrument therefore amends subordinate instruments that are consulted by decision‑makers applying the Regulations. The instrument does not purport to amend primary legislation; its effect is confined to the subordinate instrument level, and its validity is constrained by the powers cited in clause 3.

Instrument cross‑references and specification instruments

• The instrument amends the Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 (Schedule 1 items [1]-[13]), and amends Migration (LIN 19/049: Specification of Occupations and Assessing Authorities,Subclass 186 Visa) Instrument 2019 (Schedule 1 items [14]-[17]). These subordinate instruments interact with the Migration Regulations because they specify occupations, assessing authorities, and eligibility exemptions that are used under the Regulations and the Act when deciding visa applications and nomination approvals. By changing definitions and removing certain paragraphs, LIN 23/078 alters the content that decision‑makers must locate and apply in that chain.
• LIN 23/078 repeals the Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022 and the Migration (LIN 19/047: Specification of Occupations,Subclass 187 Visa) Instrument 2019 in full (Schedule 2 Part 1 items [1] and [2]). The repeals therefore remove prior specifications and mean that regulation 5.19 and related nomination‑approval mechanics will be read without the content those instruments supplied, subject to transitional application under Schedule 2 item [3].

Temporal application interplay

• The instrument contains transitional provisions that interact with application timing and with prior instruments. Schedule 1 item [13] prescribes the application of certain amendments of LIN 19/216 to applications made on or after commencement, while items [5], [7], [8] and [9] have broader transitional effect covering applications made but not yet finally determined and applications made on or after commencement. Schedule 1 item [14] prescribes analogous transitional coverage for amendments to the LIN 19/049 instrument, and Schedule 2 item [3] directs that repeals apply in relation to applications for approval of a nomination made on or after commencement. These clauses require decision‑makers to reconcile prior instrument versions with the amended or repealed versions depending on the timing of the nomination or visa application.

Relationship to existing Migration Regulations decision powers

• The instrument does not alter the existing statutory decision powers or appeal pathways in the Migration Act or Regulations; it changes the content of specified criteria and definitions that those statutory decision powers are exercised against. The result is a shift in substantive eligibility assessments within the existing legal architecture.

No express conflict resolution clauses

• The instrument contains no express saving clauses resolving potential conflict between the amended definitions and other instruments beyond the transitional provisions. The instrument therefore relies on general principles of statutory interpretation and the standard operation of delegated instruments under the Regulations to integrate the amendments.

In short, LIN 23/078 operates as a subordinate instrument that modifies the content decision‑makers must apply under the Migration Regulations. Its interaction with other laws is therefore instrumental and content‑specific: it changes the definitional and specification layer without reforming the primary statutory decision architecture.

The instrument itself records its provenance and the precise amendments it makes to named subordinate instruments. The history in the instrument text is as follows.

Instrument identity and making

• LIN 23/078, titled Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023, is dated 14 November 2023 and signed by Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs. It commences at the same time as the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023, per clause 2.

Amendments effected by Schedule 1

• Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019:
  • Section 5 definitions repealed: concession period, coronavirus employment change, pro rata threshold, and Subclass 457/482 coronavirus concession worker, see Schedule 1 items [1], [2], [4], [6].
  • Definition of legacy 457 worker repealed and substituted with a new definition that sets three conditions including an application cut‑off of 30 June 2024, see Schedule 1 item [3].
  • Definition of regional medical practitioner applicant repealed and substituted with a new three‑part requirement including 2 years employment and visa holding within a 3‑year look‑back, see Schedule 1 item [5].
  • Changes to the Subclass 457/482 worker definition to require employment "for a period of at least 2 years" instead of "at all times employed", and reduce the length of specified periods from 3 years to 2 years in paragraphs (b) and (c), see Schedule 1 items [7]-[9].
  • Repeal of the separate Coronavirus employment change section, and repeal of paragraphs 6(1)(da) and 7(1)(da), see Schedule 1 items [10]-[12].
  • Insertion of a new Part 3, clause 12, setting out the application dates of the amendments made by LIN 23/078 to the instrument, see Schedule 1 item [13].
• Migration (LIN 19/049: Specification of Occupations and Assessing Authorities,Subclass 186 Visa) Instrument 2019:
  • Paragraph 3(a) repealed, subsection 6(1) repealed, and subsection 8(1) altered by removing a paragraph reference, see Schedule 1 items [14]-[16].
  • Insertion of a new clause 14 setting out the application of the Schedule 1 amendments to nomination approval applications, including coverage for nominations made on or after 18 March 2018 but not yet finally determined upon commencement, see Schedule 1 item [17].

Repeals effected by Schedule 2

• Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022 is repealed in whole by Schedule 2 Part 1 item [1].
• Migration (LIN 19/047: Specification of Occupations,Subclass 187 Visa) Instrument 2019 is repealed in whole by Schedule 2 Part 1 item [2].
• Schedule 2 Part 2 item [3] sets out that the repeals apply in relation to applications for approval of a nomination made on or after the commencement of that Schedule.

Commencement and transitional layering

• Clause 2 establishes that each provision of LIN 23/078 commences at the same time as the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 commences. The instrument contains transitional clauses inserted into the amended instruments to specify the temporal reach of the amendments and repeals, which creates a layered regime determining which version of an instrument applies to an individual application or nomination depending on when it was made and whether it is finally determined at commencement.

No prior versions or successive amendments within the instrument text

• The instrument text does not record previous amendments to LIN 23/078 itself or subsequent amending instruments. It amends and repeals other instruments and contains its own commencement and transitional clauses as described.

In summary, the amendment history recorded in the instrument is limited to the changes LIN 23/078 makes to named subordinate instruments, the dates and mechanics of those changes, and the specific transitional application rules created for pending and future applications.

The instrument text contains no references to litigation, judicial interpretation, or case law. It does not name or rely on any court decisions. Accordingly, there is no litigation history recorded in LIN 23/078 itself.

Operational consequences that might generate litigation

• Although the instrument does not reference litigation, the changes it effects , notably the redefinition of eligibility categories, the repeal of instruments, and the transitional application rules , could, in practice, be the subject of administrative review or merits review proceedings under the Migration Act 1958 and the Migration Regulations 1994. LIN 23/078 provides transitional rules that specify which applications are governed by the amended definitions, and disputes could arise about whether a given application is "not yet finally determined" at commencement, or whether particular periods of employment or visa holding satisfy the reworded tests. Those are factual and legal issues that would be litigated or reviewed in the usual forums, but no such proceedings are recorded in the instrument.
• The instrument does not create novel statutory rights of review or change existing judicial review thresholds; it does not purport to oust judicial review. Any challenge to decisions made under the amended instrument would proceed under the standing Migration Act and Regulations review and judicial review frameworks.

Therefore, the instrument provides no litigation record or precedent material; any litigation arising from its application will be in separate caselaw and is not contained in or cited by LIN 23/078.

The instrument contains several technical points and temporal traps that parties should note, because small factual differences will determine whether an applicant meets a redefined category, or whether an application is assessed under the old or new rules.

1. Legacy 457 worker application cut-off (Schedule 1 item [3])

• The new legacy 457 worker definition for Subclass 186 applications includes an express cut‑off: the person must have applied for the Subclass 186 visa on or before 30 June 2024. That date is embedded in the definition itself; applicants who otherwise meet the historical criteria but apply after 30 June 2024 will not satisfy the legacy 457 worker definition. This is not a temporal transitional clause only; it is a substantive element of the definition.

2. Aggregation of non‑continuous periods (Schedule 1 items [5], [7]-[9])

• The amendments convert continuity requirements into period aggregation requirements in several instances. For example, the Subclass 457/482 worker definition now requires employment "for a period of at least 2 years" rather than employment "at all times". Similarly, the regional medical practitioner applicant must have spent at least 2 years employed as a medical practitioner in designated regional areas during the 3 years immediately before application, whether continuous or in multiple non‑consecutive periods. Parties should therefore collect and present evidence that aggregates separate periods; absence of continuous employment is not necessarily fatal under the new text.

3. Repeal of coronavirus concession definitions (Schedule 1 items [1], [2], [6], [10])

• The instrument repeals several definitions linked to coronavirus concessions, including the Coronavirus employment change section. Where applicants or nominators had previously relied on these concession definitions, those legal footholds are now removed from the amended instrument. Practitioners must verify whether the broader legislative or regulatory architecture still contains alternative concession mechanisms; LIN 23/078 itself removes these particular definitional provisions from the named instrument.

4. Transitional application complexity (Schedule 1 items [13], [14]; Schedule 2 item [3])

• Not all amendments apply uniformly to pending applications. Schedule 1 item [13] specifies that certain listed amendments apply to applications made on or after commencement, while other amendments (items 5, 7, 8, 9) apply to applications made but not yet finally determined at commencement as well as to applications made on or after commencement. Schedule 1 item [14] provides a different transitional rule for the LIN 19/049 instrument, covering nominations made on or after 18 March 2018 but not yet finally determined upon commencement. Schedule 2 item [3] applies repeals to approvals of nomination made on or after commencement. Practitioners must map the exact date an application or nomination was "made", and whether it was "finally determined" at commencement, to determine which legal text applies.

5. Repeal of entire instruments (Schedule 2 Part 1 items [1] and [2])

• Repeal of LIN 22/038 and LIN 19/047 removes their substantive content from the regulatory matrix; parties should not assume prior occupation specifications or person/time specifications continue to apply. The transitional clause in Schedule 2 Part 2 applies repeals to nominations made on or after commencement, but does not preserve the instruments for other uses; practitioners should locate any equivalent specifications that now govern nominations.

6. Geographic specificity for regional practitioner status (Schedule 1 item [5])

• The regional medical practitioner applicant definition requires both that the nominated position is located in a designated regional area and that the applicant spent time employed as a medical practitioner at places that were located in a designated regional area at the time of that employment. Parties should verify that the place was classified as a "designated regional area" at the relevant times; changes in designation over time may affect eligibility.

7. No new penalty regime

• The instrument does not create penalties, but the changes may result in refusals for parties who misread the new definitions. The practical "gotcha" is not a fine but loss of an expected visa pathway.

8. Reliance on Migration Regulations powers

• The instrument is enacted under specific subparagraphs and subregulations (clause 3). Any challenge to the instrument’s validity on procedural or power grounds would need to engage those cited provisions.

In practice, the layered temporal and definitional changes require careful case mapping: confirm the dates the applicant held particular visas, dates of presence in Australia, dates of employment (and whether aggregated), the date the visa or nomination application was made, and whether it was finalised at commencement. Failure to map these facts to the correct textual test is the central practical trap.

Compliance with the amended instruments requires attention to evidentiary collection, timing of applications and nominations, and careful mapping of employment and visa histories to the revised definitional tests. The instrument does not change procedural filing mechanics; it changes the substantive eligibility thresholds decision‑makers must apply. Concrete steps for applicants, employers, nominators and advisers follow from the instrument text.

1. Confirm which instrument and version applies to your case

• Check the date the application or nomination was made and whether it was "finally determined" at the instrument’s commencement. Apply the transitional rules inserted at Schedule 1 item [13] and Schedule 1 item [14], and Schedule 2 item [3] for repeals, to decide whether the pre‑amendment or post‑amendment text governs. Do not assume all changes are retrospective; the instrument explicitly distinguishes which amendments apply to pending applications and which apply only to applications made on or after commencement.

2. For legacy 457 worker claims (Subclass 186)

• If relying on the legacy 457 worker classification under the amended definition in Schedule 1 item [3], assemble documentary evidence that proves:
  • A Subclass 457 visa was held on or after 18 April 2017; provide visa grant notices or visa history records.
  • The applicant was present in Australia for at least 12 months between 1 February 2020 and 14 December 2021; provide entry/exit stamps, travel records, employment records, tax filings, or other documentary proof of presence.
  • The Subclass 186 visa application was lodged on or before 30 June 2024; preserve filing receipts and lodgement confirmations proving the application date, because the cut‑off is a substantive element of the definition.

3. For Subclass 457/482 worker pathways

• For applicants relying on the Subclass 457/482 worker definition amendments (Schedule 1 items [7]-[9]):
  • Document employment periods to show at least 2 years of employment in the relevant role; because the requirement is expressed as "for a period of at least 2 years", aggregate non‑continuous periods where relevant and present payslips, employment contracts, and other records demonstrating total time employed.
  • Document visa holding history to show that during the 3 years immediately before the visa application the person held Subclass 457 or 482 visa status for a total of at least 2 years; present visa grant notices and bridging visa details.

4. For regional medical practitioner applicant status

• Demonstrate the nominated position is located in a designated regional area at the time of nomination, and that the applicant spent at least 2 years employed as a medical practitioner in designated regional areas during the 3 years immediately before application. Evidence needed includes employer letters specifying location, registration details, employment agreements, and visa histories showing the applicant held 457 or 482 visas totalling 2 years in the relevant 3‑year period, as required by Schedule 1 item [5].

5. For employers and nominators

• Review occupation specifications and assessing authority requirements in the instrument amended by Schedule 1 items [14]-[17], and review repealed instruments to ensure the occupational basis for a nomination remains valid. If prior specifications were removed by repeal in Schedule 2, identify the current specification instrument under the Regulations that applies to the nomination and ensure the nominated occupation and assessing authority align with that instrument.
• When lodging nomination approvals, include records that establish applicant eligibility under the revised definitions, and be prepared to supply aggregated employment timelines and visa histories.

6. Evidentiary standards and record‑keeping

• Because the amendments focus on time periods and presence, maintain contemporaneous records of employment dates, place of employment, visa grant notices, travel records, tax filings, pay records and employer letters. Where non‑continuous periods are to be added up, maintain clear documentation showing start and end dates for each relevant period.

7. When in doubt on transitional status

• If an application or nomination falls near the commencement date or status of "not yet finally determined" is uncertain, seek administrative clarification from the decision‑making body or consider timely legal or migration advice. The instrument ties application of the new definitions to these temporal facts, and misclassification can determine eligibility.

8. No changes to fee or appeal mechanics in the instrument

• The instrument does not change filing fees or appeal pathways; compliance is primarily substantive and documentary. For refusals based on application of the amended text, prospective appellants will rely on the usual statutory review or merits review mechanisms under the Migration Act and Regulations.

In practice, compliance means treating LIN 23/078 as a substantive reshaping of the definitional criteria that feed into visa and nomination decisions, and preparing application dossiers that track visa holding and employment timeframes meticulously to fit the newly expressed periods and aggregation rules.