Commonwealth Numbered Regulations

MIGRATION AMENDMENT REGULATIONS 2008 (NO. 3) (SLI NO 166 OF 2008) - SCHEDULE 2

(regulation 4)

[1]           Schedule 2, clause 845.212

substitute

845.212      One or more of the following circumstances has existed for a total of at least 272 days in the period of 12 months ending immediately before the application is made:

                   (a)     the applicant has been in Australia as the holder of a temporary substantive visa other than a visa referred to in clause 845.211;

                  (b)     the applicant has been in Australia as the holder of a Bridging A (Class WA) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or former spouse of the applicant, satisfying subclause 457.223 (7A) of Schedule 2;

                   (c)     the applicant has been in Australia as the holder of a Bridging B (Class WB) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or former spouse of the applicant, satisfying subclause 457.223 (7A) of Schedule 2.

[2]           Schedule 2, clause 890.214

substitute

890.214      In the period of 12 months ending immediately before the application is made, the main business in Australia, or main businesses in Australia, of the applicant, the applicant's spouse, or the applicant and his or her spouse together:

                   (a)     provided an employee, or employees, with a total number of hours of employment at least equivalent to the total number of hours that would have been worked by 2 full‑time employees over that period of 12 months; and

                  (b)     provided those hours of employment to an employee, or employees, who:

                              (i)   were not the applicant or a member of the family unit of the applicant; and

                             (ii)   were Australian citizens, Australian permanent residents or New Zealand passport holders.

[3]           Schedule 2, paragraph 892.212 (a)

substitute

                   (a)     in the peri od of 12 months ending immediately before the application is made, the main business in Australia, or main businesses in Australia, of the applicant, the applicant's spouse, or the applicant and his or her spouse together:

                              (i)   provided an employee, or employees, with a total number of hours of employment at least equivalent to the total number of hours that would have been worked by 1 full‑time employee over that period of 12 months; and

                             (ii)   provided those hours of employment to an employee, or employees, who:

                                    (A)   were not the applicant or a member of the family unit of the applicant; and

                                    (B)   were Australian citizens, Australian permanent residents or New Zealand passport holders;

[4]           Schedule 2, clause 892.215

substitute

892.215      If the applicant is not the holder of a Skilled -- Independent Regional (Provisional) (Class UX) visa, one or more of the following circumstances has existed for a total of at least 1 year in the period of 2 years ending immediately before the application is made:

                   (a)     the applicant has been in Australia as the holder of one of the visas mentioned in paragraph 1104B (3) (f) of Schedule 1;

                  (b)     the applicant has been in Australia as the holder of a Bridging A (Class WA) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or former spouse of the applicant, satisfying subclause 457.223 (7A) of Schedule 2;

                   (c)     the applicant has been in Australia as the holder of a Bridging B (Class WB) visa granted on the basis of a valid application for a Temporary Business Entry (Class UC) visa, and a Subclass 457 visa was subsequently granted on the basis of the applicant, or the spouse or former spouse of the applicant, satisfying subclause 457.223 (7A) of Schedule 2.

[5]           Schedule 7, Part 1

substitute

Part 1           Business attributes