Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.85

  (1)   This regulation applies to a person who is or was:

  (a)   an approved work sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

  (iii)   the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Professional Development stream; or

  (iv)   the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Professional Development stream; or

  (b)   a special program sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

  (i)   either:

  (A)   the primary sponsored person or secondary sponsored person holds a Subclass 416 (Special Program) visa; or

  (B)   the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 416 (Special Program) visa; and

  (ii)   the position in the activity in relation to which the primary sponsored person or secondary sponsored person was granted the Subclass 416 (Special Program) visa is a volunteer role; or

  (ba)   a temporary activities sponsor or a special program sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

  (i)   the primary sponsored person or secondary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause   408.228 (special program) of Schedule   2, or the last substantive visa held by the primary sponsored person or secondary sponsored person was such a visa; and

  (ii)   the position in the activity in relation to which the primary sponsored person or secondary sponsored person was granted the visa is a volunteer role; or

  (c)   an entertainment sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

  (i)   either:

  (A)   the primary sponsored person or secondary sponsored person holds a Subclass 420 (Entertainment) visa; or

  (B)   the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 420 (Entertainment) visa; and

  (ii)   the primary sponsored person or secondary sponsored person was identified in a nomination of an occupation, a program or an activity that is a volunteer role; or

  (d)   an approved work sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

  (i)   the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Sport stream, or the Religious Worker stream, in relation to a volunteer role; or

  (ii)   the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Sport stream, or the Religious Worker stream, in relation to a volunteer role; or

  (iii)   the primary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause   408.222 (sport), 408.223 (religious worker) or 408.229A (entertainment) of Schedule   2 in relation to a volunteer role; or

  (iv)   the last substantive visa held by the primary sponsored person was a visa referred to in subparagraph   (iii); or

  (e)   an approved work sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

  (i)   the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Occupational Trainee stream in relation to a volunteer role; or

  (ii)   the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Occupational Trainee stream in relation to a volunteer role; or

  (iii)   the primary sponsored person holds a Subclass 407 (Training) visa in relation to a volunteer role; or

  (iv)   the last substantive visa held by the primary sponsored person was a Subclass 407 (Training) visa in relation to a volunteer role.

  (2)   The person must secure 1 or more offers of accommodation for the primary sponsored person or secondary sponsored person that:

  (a)   will provide for a reasonable standard of accommodation; and

  (b)   will ensure that the primary sponsored person or secondary sponsored person has accommodation while the primary sponsored person or secondary sponsored person is in Australia.

Example:   If accommodation that has been secured becomes unavailable, the approved work sponsor must secure another offer of accommodation for the primary sponsored person or secondary sponsored person.

  (3)   For subregulation   (2)(a), accommodation is of a reasonable standard if the accommodation:

  (a)   meets all relevant State or Territory and local government regulations regarding fire, health and safety; and

  (b)   offers 24 - hour access; and

  (c)   provides meals or a self - catering kitchen; and

  (d)   is clean and well - maintained; and

  (e)   has a lounge area; and

  (f)   has adequate laundry facilities or a laundry service; and

  (g)   provides power for lighting, cooking and refrigeration; and

  (h)   has an adequate ratio of guests to bathroom facilities; and

  (i)   has uncrowded sleeping areas; and

  (j)   provides appropriate gender segregated areas and bathroom facilities; and

  (k)   allows adequate privacy and secure storage for personal items.

  (4)   The obligation mentioned in subregulation   (2):

  (a)   starts to apply:

  (i)   if the primary sponsored person or secondary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause   408.222 (sport), 408.223 (religious worker), 408.228 (special program) or 408.229A (entertainment) of Schedule   2, or a Subclass 416 (Special Program) visa--on the day on which the primary sponsored person or secondary sponsored person is granted the visa; or

  (ii)   if the primary sponsored person or secondary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 407 (Training) visa or a Subclass 420 (Entertainment) visa:

  (A)   on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or

  (B)   if the primary sponsored person does not hold the visa on the day the Minister approves the nomination--on the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; or

  (iii)   if the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Professional Development stream--on the day the visa is granted; or

  (iv)   if the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Occupational Trainee stream:

  (A)   on the day the Minister approves a nomination by the person that identifies the primary sponsored person; or

  (B)   if the primary sponsored person does not hold the visa on the day the Minister approves the nomination--on the day the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

  (b)   for a primary sponsored person--ends on the earliest of:

  (i)   the day on which the Minister approves a nomination under section   140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and

  (ii)   the day on which the primary sponsored person is granted a further substantive visa that:

  (A)   is a visa of a different subclass to the last substantive visa held by the primary sponsored person; and

  (B)   is in effect; and

  (iii)   the first day on which each of the following has occurred:

  (A)   the primary sponsored person has left Australia;

  (B)   the visa mentioned in subregulation   (1) has ceased to be in effect;

  (C)   if:

  (I)   the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and

  (II)   the last substantive visa held by the primary sponsored person was a visa mentioned in subregulation   (1);

    the bridging visa has ceased to be in effect; and

  (c)   for a secondary sponsored person--ends on the earliest of:

  (i)   the day on which the Minister approves a nomination under section   140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and

  (ii)   the day on which the secondary sponsored person is granted a further substantive visa that:

  (A)   is a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and

  (B)   is in effect; and

  (iii)   the first day on which each of the following has occurred:

  (A)   the secondary sponsored person has left Australia;

  (B)   the visa mentioned in subregulation   (1) has ceased to be in effect;

  (C)   if:

  (I)   the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and

  (II)   the last substantive visa held by the secondary sponsored person was a visa mention in subregulation   (1);

    the bridging visa has ceased to be in effect.