Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 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.

          (3A)  The Minister may, in an instrument made for the purposes of paragraph (3)(b), specify any matters for the purposes of specifying the applicability of occupations to nominees as mentioned in paragraph (3)(ba), including (without limitation) matters relating to any of the following:

                     (a)  the person who nominated the program of occupational training;

                     (b)  the nominee;

                     (c)  the occupation;

                     (d)  the program of occupational training;

                     (e)  the circumstances in which the occupation is undertaken;

                      (f)  the circumstances in which the program of occupational training is undertaken.

Occupational training for capacity building overseas--overseas qualification

             (4)  This subregulation applies if the Minister is satisfied that:

                     (a)  the nominee is required to complete a period of no more than 6 months of practical experience, research or observation to obtain a qualification from a foreign educational institution; and

                     (b)  the occupational training is a structured workplace-based training program specifically tailored to the training needs of the nominee.

Occupational training for capacity building overseas--government support

             (5)  This subregulation applies if the Minister is satisfied that:

                     (a)  the occupational training is supported by a government agency, or by the government of a foreign country that is the home country of the nominee; and

                     (b)  the occupational training is a structured workplace-based training program that is:

                              (i)  specifically tailored to the training needs of the nominee; and

                             (ii)  of a duration that meets the specific training needs of the nominee.

Occupational training for capacity building overseas--professional development

             (6)  This subregulation applies if the Minister is satisfied that:

                     (a)  the nominee:

                              (i)  has an overseas employer; and

                             (ii)  is in a managerial or professional position in relation to the overseas employer; and

                     (b)  the occupational training is relevant to, and consistent with, the development of the managerial or professional skills of the nominee; and

                     (c)  the occupational training will provide skills and expertise relevant to, and consistent with, the business of the overseas employer of the nominee; and

                     (d)  the primary form of the occupational training is the provision of face-to-face teaching in a classroom or similar environment.



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