Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.75B

Period of approval of nomination--Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

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                (c)  if a visa application made by the nominee on the basis of the nomination is finally determined or withdrawn after 12 months after the day on which the nomination is approved--the day on which the visa application is finally determined or withdrawn; and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



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