Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to:
(a) a person who is or was an approved work sponsor in relation to a primary sponsored person if:
(i) the primary sponsored person holds a visa in relation to which the primary sponsored person was required to be nominated by an approved work sponsor; or
(ii) an occupation, a program or an activity was required to be nominated in relation to the primary sponsored person by an approved work sponsor; and
(b) a person who is or was an approved work sponsor in relation to a person who was a primary sponsored person if:
(i) the last substantive visa held by the primary sponsored person was a visa in relation to which the primary sponsored person was required to be nominated by an approved work sponsor; or
(ii) an occupation, a program or an activity was required to be nominated in relation to the primary sponsored person by an approved work sponsor.
(2) If the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, or the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, the person must ensure that the primary sponsored person:
(a) works in the nominated occupation; and
(b) does not work in an occupation unless both of the following apply:
(i) the occupation was nominated by the person in relation to the primary sponsored person under subsection 140GB(1) of the Act;
(ii) the nomination was approved by the Minister under subsection 140GB(2) of the Act.
(a) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa, or the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and
(b) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72(13);
(c) if the person is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the person's approval as a standard business sponsor, or at the time of the last approval of a variation to the person's term of approval as a standard business sponsor--the primary sponsored person is engaged only as:
(i) an employee of the person; or
(ii) an employee of an associated entity of the person; or
(d) if the person is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the person's approval as a standard business sponsor, or at the time of the last approval of a variation to the person's term of approval as a standard business sponsor--the primary sponsored person is engaged only as an employee of the person; or
(e) if the person is or was a party to a work agreement--the primary sponsored person is engaged only as an employee of the person.
(aa) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa, or the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and
(ab) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72(13); and
(ac) the person is, or was, a standard business sponsor;
(a) the primary sponsored person is employed under a written contract of employment; and
(b) if the person is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the person's approval as a standard business sponsor, or at the time of the last approval of a variation to the person's term of approval as a standard business sponsor:
(i) the person does not engage in activities that relate to the recruitment of a visa holder, an applicant for a visa or a proposed applicant for a visa for the purpose of supplying the holder, applicant or proposed applicant to a business that is not associated with the person; and
(ii) the person does not engage in activities that relate to the hire of a visa holder to a business that is not associated with the person; and
(c) if the person is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the person's approval as a standard business sponsor, or at the time of the last approval of a variation to the person's term of approval as a standard business sponsor:
(i) the person does not engage in activities that relate to the recruitment of a visa holder, an applicant for a visa or a proposed applicant for a visa for the purpose of supplying the holder, applicant or proposed applicant to any other business; and
(ii) the person does not engage in activities that relate to the hire of a visa holder to any other business.
(2AB) The person's obligation in subregulation (2AA) applies only in relation to the following:
(a) a primary sponsored person who holds a Subclass 457 (Temporary Work (Skilled)) visa on the basis of satisfying the criteria in subclause 457.223(4) of Schedule 2 (as in force before 18 March 2018);
(b) a primary sponsored person whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa held on the basis of satisfying the criteria in subclause 457.223(4) of Schedule 2 (as in force before 18 March 2018);
(c) a primary sponsored person who holds a Subclass 482 (Temporary Skill Shortage) visa in the Short - term stream or Medium - term stream;
(d) a primary sponsored person whose last substantive visa was a Subclass 482 (Temporary Skill Shortage) visa in the Short - term stream or Medium - term stream.
(a) the primary sponsored person holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, or the last substantive visa held by the primary sponsored person was a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(b) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72C(14);
(c) if the person is, or was, a standard business sponsor--the primary sponsored person is engaged only as:
(i) an employee of the person; or
(ii) an employee of an associated entity of the person; or
(d) if the person is or was a party to a work agreement----the primary sponsored person is engaged only as an employee of the person.
(a) the primary sponsored person holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, or the last substantive visa held by the primary sponsored person was a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(b) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72C(14); and
(c) the person is, or was, a standard business sponsor;
(d) the primary sponsored person is employed under a written contract of employment; and
(e) the person does not engage in activities that relate to the recruitment of a visa holder, an applicant for a visa or a proposed applicant for a visa for the purpose of supplying the holder, applicant or proposed applicant to a business that is not associated with the person; and
(f) the person does not engage in activities that relate to the hire of a visa holder to a business that is not associated with the person.
(2C) If the primary sponsored person holds a visa other than a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, the person must ensure that the primary sponsored person works or participates in the nominated occupation, program or activity in relation to which the primary sponsored person was identified.
(3) The obligations mentioned in subregulations (2) to (2C):
(i) on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or
(ii) if the primary sponsored person does not hold a visa mentioned in subregulation (1) 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; and
(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 is in effect and is:
(A) if the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa--a visa that is not a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; or
(B) in any other case--a visa of a different subclass to the last substantive visa held by the primary sponsored person; and
(iii) the first day on which each of the following has occurred:
(A) the primary sponsored person has left Australia;
(B) the visa granted to the primary sponsored person on the basis of being identified in an approved nomination by the person has ceased to be in effect;
(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 the visa granted to the primary sponsored person on the basis of being identified in an approved nomination by the person;
the bridging visa has ceased to be in effect.