(5A) The Minister is satisfied that any debt due by the person as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full.
Information to be provided as part of nomination
(6) If the nominee holds:
(a) a Subclass 457 (Temporary Work (Skilled)) visa; or
(aa) a Subclass 482 (Skills in Demand) visa; or
(b) a Subclass 482 (Temporary Skill Shortage) visa;
the Minister is satisfied that the person has listed on the nomination each other holder of any of those kinds of visa who was granted the visa on the basis of having the necessary relationship with the nominee as mentioned in clause 457.321 of Schedule 2 (as in force before 18 March 2018) or subclause 482.312(1) of Schedule 2.
(7) However, the Minister may disregard the fact that one or more persons required to be listed on the nomination are not listed, if the Minister is satisfied it is reasonable in the circumstances to do so.
(8) The Minister is satisfied that:
(a) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream:
(i) the occupation and its corresponding 6‑digit code correspond to an occupation and its corresponding 6‑digit code that is specified in Major Group 1, 2, 4, 5 or 6 in ANZSCO; and
(ii) the occupation applies to the nominee in accordance with any matters specified for the occupation in the instrument made under subregulation (9) in force at the time the nomination is made; and
(b) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills stream:
(i) the occupation and its corresponding 6‑digit code correspond to an occupation and its corresponding 6‑digit code specified in the instrument made under subregulation (9) in force at the time the nomination is made; and
(ii) the occupation applies to the nominee in accordance with the instrument; and
(c) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream:
(i) the occupation is the subject of the work agreement mentioned in clause 482.241 of Schedule 2; and
(ii) the occupation applies to the nominee in accordance with the work agreement.
(9) The Minister may, by legislative instrument, specify occupations and, for each occupation:
(b) either:
(i) the 6‑digit ANZSCO code for the occupation; or
(ii) if there is no 6‑digit ANZSCO code for the occupation—a 6‑digit code for the occupation; and
(c) if there is no 6‑digit ANZSCO code for the occupation—tasks, qualifications and experience for the occupation; and
(d) any matters for the purpose of determining whether the occupation applies to a nominee, including matters relating to any of the following:
(i) the person who nominated the occupation;
(ii) the nominee;
(iii) the occupation;
(iv) the position in which the nominee is to work;
(v) the circumstances in which the occupation is undertaken;
(vi) the circumstances in which the nominee is to be employed in the position.
(10) The Minister is satisfied that the position associated with the occupation is:
(a) genuine; and
(b) a full‑time position.
(10A) However, the Minister may disregard the criterion in paragraph (10)(b) if the Minister is satisfied that it is reasonable in the circumstances to do so.
Additional requirements in relation to Specialist Skills stream and Core Skills stream
(11) If:
(a) the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream; and
(b) the person is not an overseas business sponsor; and
(c) the occupation is not an occupation specified by the Minister in an instrument made under subregulation (13);
the Minister is satisfied that:
(d) the nominee will be engaged only as an employee under a written contract of employment by the person or an associated entity of the person (the employer); and
(e) the person will give the Minister a copy of the contract signed by the employer and the nominee.
(12) If:
(a) the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream; and
(b) the person is an overseas business sponsor; and
(c) the occupation is not an occupation specified by the Minister in an instrument made under subregulation (13);
the Minister is satisfied that:
(d) the nominee will be engaged only as an employee under a written contract of employment by the person; and
(e) the person will give the Minister a copy of the contract signed by the person and the nominee.
(13) The Minister may, by legislative instrument, specify occupations for the purposes of paragraphs (11)(c) and (12)(c), subregulation 2.73(13), paragraphs 2.73(14)(c), 2.73(14A)(c), 2.86(2A)(b) and (2AA)(ab) and 5.19(5A)(f), subregulation 5.19(7), subclause 186.227(2) of Schedule 2, clauses 482.223 and 482.233 of Schedule 2 and paragraph 8607(3)(a) of Schedule 8.
(14) If:
(a) the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or the Core Skills stream; and
(b) the nominee holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa; and
(c) the Minister requested the person to provide evidence that the nominee satisfies the language test requirements;
the person has provided evidence to the Minister that the nominee satisfies:
(d) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream—any language test requirements specified by the Minister in a legislative instrument for subclause 482.222(1) of Schedule 2 that would apply to the nominee if the nominee were an applicant for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream; or
(e) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills stream—any language test requirements specified by the Minister in a legislative instrument for subclause 482.232(1) of Schedule 2 that would apply to the nominee if the nominee were an applicant for a Subclass 482 (Skills in Demand) visa in the Core Skills stream.
(15) Subject to subregulation (16), if:
(a) the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or the Core Skills stream; and
(b) the Minister is not satisfied that the nominee’s annual earnings in relation to the occupation will be at least the amount specified by the Minister in a legislative instrument made for the purposes of this paragraph;
the Minister is satisfied that:
(c) the annual market salary rate for the occupation has been determined by the person in accordance with the instrument made under subregulation (17); and
(d) the annual market salary rate, excluding any non‑monetary benefits, for the occupation (determined by the person in accordance with an instrument made under subregulation (17)) is not less than:
(i) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream—the specialist skills income threshold; or
(ii) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills stream—the core skills income threshold; and
(e) the nominee’s annual earnings in relation to the occupation will not be less than the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation (17)); and
(f) the nominee’s annual earnings, excluding any non‑monetary benefits, in relation to the occupation will not be less than:
(i) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream—the specialist skills income threshold; or
(ii) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills stream—the core skills income threshold; and
(g) either:
(i) there is no information known to Immigration that indicates that the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation (17)) is inconsistent with Australian labour market conditions relevant to the occupation; or
(ii) it is reasonable to disregard any such information.
(16) However:
(a) the Minister may disregard the criterion in paragraph (15)(d) if the Minister is satisfied that:
(i) the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation (17)) is not less than the amount of the specialist skills income threshold or the core skills income threshold that applies in relation to the occupation; and
(ii) it is reasonable in the circumstances to do so; and
(aa) the Minister may disregard the criterion in paragraph (15)(e) if:
(i) under subregulation (10A), the Minister disregards the criterion in paragraph (10)(b) in relation to the position associated with the occupation; and
(ii) the Minister is satisfied that it is reasonable in the circumstances to do so; and
(b) the Minister may disregard the criterion in paragraph (15)(f) if the Minister is satisfied that it is reasonable in the circumstances to do so.
(17) The Minister may, by legislative instrument, specify a method for determining the annual market salary rate for an occupation nominated under section 140GB of the Act or an occupation in relation to which a position is nominated under regulation 5.19.
(17A) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or the Core Skills stream, the person’s business has the capacity to employ the nominee for at least the period of the nomination and to pay the person at least the annual market salary rate for the occupation each year.
(18) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream, the Minister is satisfied that:
(a) either:
(i) there is no information known to Immigration that indicates that the employment conditions (other than in relation to earnings) that will apply to the nominee are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location; or
(ii) it is reasonable to disregard any such information; and
(b) if the person is lawfully operating a business in Australia—the person has not engaged in discriminatory recruitment practices.
Additional requirements in relation to Labour Agreement stream
(19) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream, the Minister is satisfied that:
(a) the occupation is specified in the work agreement as an occupation that the person may nominate; and
(b) if the work agreement specifies requirements that must be met by the party to the work agreement—the requirements of the work agreement have been met; and
(c) the number of nominations in relation to Subclass 457 (Temporary Work (Skilled)) visas, Subclass 482 (Skills in Demand) visas and Subclass 482 (Temporary Skill Shortage) visas made by the person and approved by the Minister under section 140GB of the Act is less than the number of approved nominations in relation to those types of visa permitted under the work agreement for the year.
2.72AA Labour market testing
For paragraph 140GBA(1)(a) of the Act, the class of standard business sponsors is a prescribed class of approved sponsor.
2.72A Criteria for approval of nomination—Subclass 407 (Training) visa
(1) This regulation applies to a person (the sponsor):
(a) who is, or has applied to be, a temporary activities sponsor; and
(b) who has nominated, under paragraph 140GB(1)(b) of the Act, a program of occupational training (the nominated program) in relation to a holder of, or an applicant or proposed applicant for, a Subclass 407 (Training) visa (the nominee).
(2) For the purposes of subsection 140GB(2) of the Act, the criteria that must be satisfied for the Minister to approve the nomination are the criteria set out in this regulation.
(3) The Minister is satisfied that the sponsor is a temporary activities sponsor.
(4) The Minister is satisfied that the sponsor made the nomination in accordance with regulation 2.73A.
(5) The Minister is satisfied that the nominee will participate in the nominated program.
(6) If the nominee holds a visa, the Minister is satisfied that the sponsor has listed on the nomination each secondary sponsored person who holds the same visa as the nominee on the basis of the secondary sponsored person’s relationship to the nominee.
(7) However, the Minister may disregard the fact that one or more secondary sponsored persons are not listed on the nomination if the Minister is satisfied that it is reasonable in the circumstances to do so.
(8) The Minister is satisfied that the sponsor has provided the following:
(a) information that identifies the employer or employers in relation to the nominated program, including:
(i) the location and contact details of each employer; and
(ii) if the sponsor and the employer are not the same person—the relationship between the sponsor and the employer;
(b) information that identifies the location or locations where the nominated program will be carried out;
(c) information that identifies each member of the family unit of the nominee who holds, or proposes to apply for, the same visa as the nominee on the basis of satisfying the secondary criteria.
(9) For the purposes of paragraph (8)(a), if undertaking the nominated program is a volunteer role (within the meaning given by subregulation 2.57(5)), employer includes the person or organisation responsible for the tasks to be carried out as part of the nominated program.
(10) The Minister is satisfied that the sponsor has certified, in writing and as part of the nomination, whether or not the sponsor has engaged in conduct in relation to the nomination that constitutes a contravention of subsection 245AR(1) of the Act.
(11) The Minister is satisfied that:
(a) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(b) if any adverse information is known to Immigration about the sponsor or a person associated with the sponsor—it is reasonable to disregard the information.
(12) The Minister is satisfied that:
(a) the occupational training will be provided directly by the sponsor; or
(b) the sponsor is supported by a Commonwealth agency, and the Commonwealth agency has provided a letter endorsing the arrangement for the provision of the occupational training; or
(c) the sponsor is specified in a legislative instrument made by the Minister for the purposes of this paragraph; or
(d) the occupational training will be provided in circumstances specified in a legislative instrument made by the Minister for the purposes of this paragraph.
(13) The Minister is satisfied that the sponsor does not engage in, or intend to engage in, activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
(14) The Minister is satisfied that the nominee has functional English.
Note: For functional English, see subsection 5(2) of the Act.
(15) Regulation 2.72B applies to the nomination.
(16) The Minister is satisfied that the nominated program is offered as a genuine training opportunity for a purpose referred to in the subregulation of regulation 2.72B that applies.
2.72B Criteria for approval of nomination—alternative criteria for Subclass 407 (Training) visa
(1) For the purposes of subregulation 2.72A(15), this regulation applies to a nomination by a person who is, or who has applied to be, an approved work sponsor (the sponsor) of a program of occupational training in relation to a holder of, or an applicant or proposed applicant for, a Subclass 407 (Training) visa (the nominee) if any subregulation of this regulation applies.
Occupational training required for registration etc.
(2) This subregulation applies if the Minister is satisfied that:
(a) the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee; and
(b) the registration, membership or licensing is required in order for the nominee to be employed in the occupation of the nominee in Australia or in the home country of the nominee; and
(c) the duration of the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee, taking into account the prior experience of the nominee; and
(d) the occupational training is workplace based; and
(e) the nominee has appropriate qualifications and experience to undertake the occupational training.
Occupational training to enhance skills
(3) This subregulation applies if the Minister is satisfied that:
(a) the occupational training is:
(i) a structured workplace training program; and
(ii) specifically tailored to the training needs of the nominee; and
(iii) of a duration that meets the specific training needs of the nominee; and
(b) the occupational training is in relation to an occupation specified, with its corresponding 6‑digit code, by the Minister in a legislative instrument made for the purposes of this paragraph; and
(ba) the occupation is applicable to the nominee in accordance with the specification of the occupation; and
(c) the nominee has the equivalent of at least 12 months of full‑time experience in the occupation to which the occupational training relates in the 24 months immediately preceding the time of nomination.