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MIGRATION AMENDMENT REGULATIONS 2006 (NO. 6) (SLI NO 250 OF 2006) - SCHEDULE 2

Further amendments relating to general skilled migration visas

(regulation 3)

   

[1]           Paragraph 2.26A (8) (b)

substitute

               (b)    a reference to a step‑relationship is a reference to a step‑relationship in which the applicant, or the applicant's spouse, and the relevant step‑relative of the applicant, or of the applicant's spouse, have been members of the same family unit for a reasonable period.

[2]           Paragraph 2.27A (1) (b)

omit

class.

insert

class; and

[3]           After paragraph 2.27A (1) (b)

insert

                (c)    the applicant's visa application was made before 1 October 2006.

[4]           Schedule 1, after paragraph 1128AA (3) (aa)

insert

              (ab)    Applicant seeking to satisfy the primary criteria must be less than 45.

[5]           Schedule 1, paragraph 1128AA (3) (c)

substitute

                (c)    Application by a person who is seeking to satisfy the primary criteria must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.

[6]           Schedule 1, after paragraph 1128B (3) (aa)

insert

              (ab)    Applicant seeking to satisfy the primary criteria must be less than 45.

[7]           Schedule 1, paragraph 1128B (3) (c)

substitute

                (c)    Application by a person who is seeking to satisfy the primary criteria must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.

[8]           Schedule 1, after paragraph 1128BA (3) (h), after the note

insert

              (ha)    Applicant seeking to satisfy the primary criteria must be less than 45.

[9]           Schedule 1, paragraph 1128BA (3) (i)

omit

or the applicant's spouse (if the spouse has made a combined application with the applicant)

[10]         Schedule 1, paragraph 1128BA (3) (j)

omit

(the former overseas student )

[11]         Schedule 1, subparagraph 1128BA (3) (j) (i)

omit

[12]         Schedule 1, subparagraph 1128BA (3) (j) (ii)

omit

the former overseas student

insert

he or she

[13]         Schedule 1, subparagraph 1128BA (3) (j) (iii)

omit

the former overseas student

insert

he or she

[14]         Schedule 1, subparagraph 1128BA (3) (j) (iv)

omit

the former overseas student's

insert

his or her

[15]         Schedule 1, paragraph 1128BA (3) (ja)

omit

who is a former overseas student for paragraph (j)

insert

to whom paragraph (j) applies

[16]         Schedule 1, subparagraph 1128BA (3) (l) (iii)

after

applicant seeking to satisfy the primary criteria

insert

, or the spouse of the applicant seeking to satisfy the primary criteria,

[17]         Schedule 1, paragraph 1128BA (3) (m)

after

applicant seeking to satisfy the primary criteria

insert

, or the spouse of the applicant seeking to satisfy the primary criteria,

[18]         Schedule 1, after paragraph 1128C (3) (aa)

insert

              (ab)    Except in the case of an applicant who:

                          (i)    is the holder of a Subclass 495 (Skilled -- Independent Regional (Provisional)) visa; and

                         (ii)    is seeking to satisfy the primary criteria for a Subclass 137 (Skilled -- State/Territory‑nominated Independent) visa;

                        applicant seeking to satisfy the primary criteria must be less than 45.

[19]         Schedule 1, paragraph 1128C (3) (c)

substitute

                (c)    Unless the applicant:

                          (i)    is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa granted on the basis of satisfying the primary criteria; or

                         (ii)    is the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa granted on the basis that he or she was the spouse of the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa granted on the basis of satisfying the primary criteria;

                        application must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant seeking to satisfy the primary criteria for the grant of a Subclass 136 (Skilled -- Independent) or Subclass 137 (Skilled -- State/Territory‑nominated Independent) visa as suitable for his or her nominated skilled occupation.

[20]         Schedule 1, after paragraph 1128D (3) (c)

insert

              (ca)    Applicant seeking to satisfy the primary criteria must be less than 45.

[21]         Schedule 1, paragraph 1128D (3) (e)

substitute

                (e)    Application by a person seeking to satisfy the primary criteria must be accompanied by evidence that a relevant assessing authority has assessed the skills of the applicant as suitable for his or her nominated skilled occupation.

[22]         Schedule 1, sub‑subparagraph 1218A (6) (a) (i) (A)

substitute

                                   (A)     he or she is less than 45; or

[23]         Schedule 1, paragraph 1218A (6) (b)

after

skills of the applicant

insert

as suitable

[24]         Schedule 2, clause 134.211

omit

[25]         Schedule 2, clause 136.211

omit

[26]         Schedule 2, clause 136.222

substitute

136.222      If the assessment mentioned in paragraph 1128C (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.

[27]         Schedule 2, clause 137.211

omit

[28]         Schedule 2, clause 137.213

substitute

137.213      If the assessment mentioned in paragraph 1128C (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.

[29]         Schedule 2, clause 138.211

after

applicant

insert

, or the applicant's spouse,

[30]         Schedule 2, clause 138.214

omit

[31]         Schedule 2, clause 138.217

omit

[32]         Schedule 2, clause 138.224

substitute

138.224      If the assessment mentioned in paragraph 1128B (3) (c) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.

[33]         Schedule 2, paragraphs 495.215 (d) and (e)

substitute

                  (d)     if a declaration was required to be made for sub‑subparagraph 1218A (5) (f) (i) (B) of Schedule 1 -- the Minister is satisfied that the declaration is true; and

                   (e)     if a declaration was required to be made for paragraph 1218A (5) (h), (k) or (l) of Schedule 1 -- the Minister is satisfied that the declaration is true.

[34]         Schedule 2, clause 495.218

after

skills of the applicant

insert

as suitable

[35]         Schedule 2, clause 495.219

omit

the applicant meets the requirements of the paragraph for which the declaration was made.

insert

the declaration is true.

[36]         Schedule 2, paragraph 495.314 (c)

substitute

                   (c)     if a declaration was required to be made for paragraph 1218A (5) (k) or (l) of Schedule 1 in relation to the applicant -- the Minister is satisfied that the declaration is true.

[37]         Schedule 2, clause 496.225

substitute

496.225      If the assessment mentioned in paragraph 1226 (3) (f) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.

[38]         Schedule 2, clause 861.211

omit

[39]         Schedule 2, clause 861.222

substitute

861.222      If the assessment mentioned in paragraph 1128D (3) (e) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.

[40]         Schedule 2, clause 862.211

after

applicant

insert

, or the applicant's spouse,

[41]         Schedule 2, clause 862.214

omit

[42]         Schedule 2, clause 862.218

omit

[43]         Schedule 2, clause 862.224

substitute

862.224      If the assessment mentioned in paragraph 1128D (3) (e) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.

[44]         Schedule 2, clause 863.211

after

applicant

insert

, or the applicant's spouse,

[45]         Schedule 2, clause 863.215

omit

[46]         Schedule 2, clause 863.218

omit

[47]         Schedule 2, clause 863.225

substitute

863.225      If the assessment mentioned in paragraph 1128D (3) (e) of Schedule 1 was made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of full‑time study of a registered course.

[48]         Schedule 2, clause 880.214

substitute

880.214      The Minister is satisfied that the applicant's declaration under paragraph 1128CA (3) (l) of Schedule 1 is true.

[49]         Schedule 2, clause 880.216

substitute

880.216      If a declaration was required to be made for paragraph 1128CA (3) (m) or (ma) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.

[50]         Schedule 2, subclause 880.230 (1)

omit

occupation.

insert

occupation, and no evidence has become available that the information given or used as part of the assessment of the applicant's skills is false or misleading in a material particular.

[51]         Schedule 2, clause 880.313

substitute

880.313      If a declaration was required to be made for paragraph 1128CA (3) (m) or (ma) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.

[52]         Schedule 2, clause 881.211

substitute

881.211      The Minister is satisfied that the applicant's declaration under paragraph 1128BA (3) (i) of Schedule 1 is true.

[53]         Schedule 2, clause 881.214

omit

, or the applicant's spouse,

[54]         Schedule 2, clause 881.216

substitute

881.216      If a declaration was required to be made for paragraph 1128BA (3) (p) or (pa) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.

[55]         Schedule 2, clause 881.227

omit

[56]         Schedule 2, subclause 881.232 (1)

omit

occupation.

insert

occupation, and no evidence has become available that the information given or used as part of the assessment of the applicant's skills is false or misleading in a material particular.

[57]         Schedule 2, clause 881.314

substitute

881.314      If a declaration was required to be made for paragraph 1128BA (3) (p) or (pa) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.

[58]         Schedule 2, clause 882.211

substitute

882.211      The Minister is satisfied that the applicant's declaration under paragraph 1128BA (3) (i) of Schedule 1 is true.

[59]         Schedule 2, clause 882.214

omit

, or the applicant's spouse,

[60]         Schedule 2, clause 882.216

substitute

882.216      If a declaration was required to be made for paragraph 1128BA (3) (p) or (pa) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.

[61]         Schedule 2, clause 882.227

omit

[62]         Schedule 2, subclause 882.233 (1)

omit

occupation.

insert

occupation, and no evidence has become available that the information given or used as part of the assessment of the applicant's skills is false or misleading in a material particular.

[63]         Schedule 2, clause 882.314

substitute

882.314      If a declaration was required to be made for paragraph 1128BA (3) (p) or (pa) of Schedule 1 in relation to the applicant, the Minister is satisfied that declaration is true.

[64]         Schedule 6A, Part 9, item 6A91, column 2

omit

his or her:

insert

his or her, or his or her spouse's:


 



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