Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Schedule 2, clause 416.211
substitute
416.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa, other than a Subclass 771 (Transit) visa or a special purpose visa; or
(b) if the applicant does not hold a substantive visa at the time of application:
(i) the last substantive visa held by the applicant was not a Subclass 771 visa or a special purpose visa; and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.
[2] Schedule 2, clause 442.211
substitute
442.211 If the applicant is in the migration zone at the time of application:
(a) the applicant holds a substantive visa, other than:
(i) a Subclass 560 (Student) visa; or
(ii) a Subclass 562 (Iranian Postgraduate Student) visa; or
(iii) a Subclass 563 (Iranian Postgraduate Student Dependant) visa; or
(iv) a Subclass 571 (Schools Sector) visa; or
(v) a Subclass 576 (AusAID or Defence Sector) visa; or
(vi) a Subclass 771 (Transit) visa; or
(vii) a special purpose visa; or
(b) if the applicant does not hold a substantive visa at the time of application:
(i) the last substantive visa held by the applicant was not a visa mentioned in subparagraphs (a) (i) to (vii); and
(ii) the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.
[3] Schedule 2, clause 442.229
substitute
442.229 (1) This clause applies to an applicant if the application is made in the migration zone and:
(a) at the time of making the application, the applicant was the holder of a visa of one of the following subclasses:
(i) Subclass 570 (Independent ELICOS Sector);
(ii) Subclass 572 (Vocational Education and Training Sector);
(iii) Subclass 573 (Higher Education Sector);
(iv) Subclass 574 (Postgraduate Research Sector);
(v) Subclass 575 (Non‑Award Sector); or
(b) at the time of making the application:
(i) the applicant was not the holder of a substantive visa; and
(ii) the last substantive visa held by the applicant was a visa of a subclass mentioned in paragraph (a).
(2) If this clause applies to the applicant, the applicant satisfies the Minister that:
(a) the applicant:
(i) has completed the principal course, at the diploma level or higher, in Australia in relation to which:
(A) the visa held by the applicant at the time of application; or
(B) if the applicant was not the holder of a substantive visa at the time of application -- the last substantive visa held by the applicant;
was granted; and
(ii) seeks to undertake occupational training closely related to the principal course; and
(iii) would complete the occupational training within 12 months; or
(b) the applicant:
(i) has completed the principal course in Australia in relation to which:
(A) the visa held by the applicant at the time of application; or
(B) if the applicant was not the holder of a substantive visa at the time of application -- the last substantive visa held by the applicant;
was granted; and
(ii) must complete a period of practical employment experience in order to obtain registration in a profession in which registration is a prerequisite for the practice of the profession in:
(A) the applicant's usual country of residence; or
(B) Australia.