Commonwealth Numbered Regulations

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MIGRATION AMENDMENT REGULATIONS 2008 (NO. 3) (SLI NO 166 OF 2008) - SCHEDULE 1

Amendments relating to business skills visas

(regulation 3)

   

[1]           Paragraph 1.15A (2) (d)

after

a permanent visa,

insert

a Business Skills (Provisional) (Class UR) visa,

[2]           Schedule 2, clause 132.223

substitute

132.223      (1)   The applicant is sponsored by a State or Territory.

                   (2)   Form 1224 is signed by the Premier or Chief Minister, or by a person authorised to do so by the Premier or Chief Minister, of that State or Territory.

[3]           Schedule 2, clause 160.311

substitute

160.311      The applicant is a member of the family unit of a person who:

                   (a)     satisfies the primary criteria in Subdivision 160.21; or

                  (b)     holds a Subclass 160 visa.

[4]           Schedule 2, clause 161.311

substitute

161.311      The applicant is a member of the family unit of a person who:

                   (a)     satisfies the primary criteria in Subdivision 161.21; or

                  (b)     holds a Subclass 161 visa.

[5]           Schedule 2, clause 162.311

substitute

162.311      The applicant is a member of the family unit of a person who:

                   (a)     satisfies the primary criteria in Subdivision 162.21; or

                  (b)     holds a Subclass 162 visa.

[6]           Schedule 2, clause 163.222

substitute

163.222      (1)   The applicant is sponsored by an appropriate regional authority.

                   (2)   Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

[7]           Schedule 2, clause 163.311

substitute

163.311      The applicant is a member of the family unit of a person who:

                   (a)     satisfies the primary criteria in Subdivision 163.21; or

                  (b)     holds a Subclass 163 visa.

[8]           Schedule 2, clause 164.222

substitute

164.222      (1)   The applicant is sponsored by an appropriate regional authority.

                   (2)   Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

[9]           Schedule 2, clause 164.311

substitute

164.311      The applicant is a member of the family unit of a person who:

                   (a)     satisfies the primary criteria in Subdivision 164.21; or

                  (b)     holds a Subclass 164 visa.

[10]         Schedule 2, clause 165.223

substitute

165.223      (1)   The applicant is sponsored by an appropriate regional authority.

                   (2)   Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

[11]         Schedule 2, clause 165.311

substitute

165.311      The applicant is a member of the family unit of a person who:

                   (a)     satisfies the primary criteria in Subdivision 165.21; or

                  (b)     holds a Subclass 165 visa.

[12]         Schedule 2, clauses 845.214 and 845.215

substitute

845.214      The assets in Australia of the applicant, or the applicant and his or her spouse together:

                   (a)     have a net value of at least AUD250 000; and

                  (b)     had a net value of at least AUD250 000 throughout the period of 12 months ending immediately before the application is made; and

                   (c)     have been lawfully acquired by the applicant, or the applicant and his or her spouse together.

845.215      The assets owned by the applicant, or by the applicant and his or her spouse together, in the main business or main businesses in Australia:

                   (a)     have a net value of at least AUD100 000; and

                  (b)     had a net value of at least AUD100 000 throughout the period of 12 months ending immediately before the application is made; and

                   (c)     have been lawfully acquired by the applicant, or the applicant and his or her spouse together.

[13]         Schedule 2, subparagraphs 845.222 (2) (c) (i) and (ii)

substitute

                              (i)   assets in Australia that have been lawfully acquired; or

                             (ii)   assets, lawfully acquired, that are available for transfer, and capable of being transferred, to Australia within 2 years of the grant of a business skills visa to the applicant;

[14]         Schedule 2, clauses 846.213 and 846.214

substitute

846.213      The assets in Australia of the applicant, or the applicant and his or her spouse together:

                   (a)     have a net value of at least AUD200 000; and

                  (b)     had a net value of at least AUD200 000 throughout the period of 2 years ending immediately before the application is made; and

                   (c)     have been lawfully acquired by the applicant, or the applicant and his or her spouse together.

846.214      The assets owned by the applicant, or by the applicant and his or her spouse together, in 1 or more established main businesses in 1 or more designated areas:

                   (a)     have a net value of at least AUD75 000; and

                  (b)     had a net value of at least AUD75 000 throughout the period of 2 years ending immediately before the application is made; and

                   (c)     have been lawfully acquired by the applicant, or the applicant and his or her spouse together.

[15]         Schedule 2, subparagraphs 846.222 (2) (c) (i) and (ii)

substitute

                              (i)   assets in Australia that have been lawfully acquired; or

                             (ii)   assets, lawfully acquired, that are available for transfer, and capable of being transferred, to Australia within 2 years of the grant of a Business Skills -- Established Business (Residence) (Class BH) visa to the applicant;

[16]         Schedule 2, clause 890.212

substitute

890.212      The assets of the applicant, the applicant's spouse, or the applicant and his or her spouse together, in the main business or main businesses in Australia:

                   (a)     have a net value of at least AUD100 000; and

                  (b)     had a net value of at least AUD100 000 throughout the period of 12 months ending immediately before the application is made; and

                   (c)     have been lawfully acquired by the applicant, the applicant's spouse, or the applicant and his or her spouse together.

[17]         Schedule 2, paragraphs 892.212 (b) and (c)

substitute

                  (b)     the business and personal assets in Australia of the applicant, the applicant's spouse, or the applicant and his or her spouse together:

                              (i)   have a net value of at least AUD250 000; and

                             (ii)   had a net value of at least AUD250 000 throughout the period of 12 months ending immediately before the application is made; and

                            (iii)   have been lawfully acquired by the applicant, the applicant's spouse, or the applicant and his or her spouse together;

                   (c)     the assets owned by the applicant, the applicant's spouse, or the applicant and his or her spouse together, in the main business or main businesses in Australia:

                              (i)   have a net value of at least AUD75 000; and

                             (ii)   had a net value of at least AUD75 000 throughout the period of 12 months ending immediately before the application is made; and

                            (iii)   have been lawfully acquired by the applicant, the applicant's spouse, or the applicant and his or her spouse together.

[18]         Schedule 2, clause 892.222

substitute

892.222      (1)   The applicant is sponsored by an appropriate regional authority.

                   (2)   Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.

[19]         Schedule 2, clause 893.222

substitute

893.222      (1)   The applicant is sponsored by an appropriate regional authority.

                   (2)   Form 949 is signed by an officer of the authority who is authorised to sign a sponsorship of that kind.



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