Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.75B

  (1)   This regulation applies in relation to a nomination by a person of an occupation in which a holder of, or an applicant or proposed applicant for, a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the nominee ) is identified as the person who will work in the occupation.

  (2)   An approval of a nomination ceases on the earliest of:

  (a)   the day on which Immigration receives notification, in writing, of the withdrawal of the nomination by the approved work sponsor; and

  (b)   12 months after the day on which the nomination is approved unless, at that time, there is a visa application made by the nominee on the basis of the nomination that has not been finally determined; and

  (c)   if a visa application made by the nominee on the basis of the nomination is finally determined or withdrawn after 12 months after the day on which the nomination is approved--the day on which the visa application is finally determined or withdrawn; and

  (d)   the day on which the nominee is granted a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and

  (e)   if the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream--the nomination end day, unless, on the nomination end day:

  (i)   the person is a standard business sponsor; or

  (ii)   there is an application for approval as a standard business sponsor made by the person before the sponsorship end day in relation to which a decision has not been made under subsection   140E(1) of the Act; and

  (f)   the day on which an application mentioned in subparagraph   (e)(ii) is refused; and

  (g)   if:

  (i)   the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream; and

  (ii)   the person's approval as a standard business sponsor is cancelled under subsection   140M(1) of the Act;

    the day on which the person's approval as a standard business sponsor is cancelled; and

  (h)   if the approval of the nomination is given to a party to a work agreement (other than a Minister) and the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream--the day on which the work agreement ceases.