Commonwealth Numbered Regulations

1994 No. 280 MIGRATION REGULATIONS (AMENDMENT) - REG 39

  39.1   Subparagraph 414.221 (b) (vii):
Omit the subparagraph, substitute:



"(vii) the intended employer has a satisfactory record of, or demonstrates
commitment towards, training in its business operations in Australia; or

   (c)  seeks to enter Australia in accordance with an RHQ agreement.".

  39.2   Clauses 414.222 and 414.223:
Omit the clauses, substitute:

"414.222 If the applicant is not an applicant who meets the requirements of
paragraph 414.221 (c), he or she produces a statement by the intended employer
that satisfies the Minister that the employment of the applicant in Australia
would be of benefit to Australia.

"414.223 If:

   (a)  the application is made outside Australia; and

   (b)  is in respect of a stay in Australia of more than 4 months; and

   (c)  the applicant is not an applicant who meets the requirements of
        paragraph 414.221 (c); the applicant is sponsored by the intended
        employer of the applicant in the business enterprise in Australia in
        which he or she has been offered a position.".

  39.3   Clauses 414.228 and 414.229:
Omit the clauses, substitute:

"414.228 (1) If the application is made in the migration zone:

   (a)  the applicant has complied substantially with the conditions to which
        the visa (if any) held, or last held, by the applicant is, or was,
        subject; and

   (b)  subject to subclause (2), if, at the time of application, the
        applicant was the holder of a Student (temporary) visa:

        (i)    the applicant has successfully completed a course in Australia
               at Associate Diploma level or above; and

        (ii)   the Minister is satisfied that:

                (A)  it has not been possible to find a person who is suitable
                     for the position in which the applicant's intended
                     employer proposes to employ the applicant; or

                (B)  in the circumstances of the case, the intended employer
                     should not be required to seek a suitable employee in
                     Australia; and

        (iii)  the applicant is sponsored by an intended employer that is able
               to establish that a person with those skills is not reasonably
               available in Australia; and

        (iv)   if the applicant is a private subsidised student:

                (A)  the sponsor establishes a strong case on economic grounds
                     for the grant of the visa; and

                (B)  the Minister is satisfied that it would not be
                     detrimental to Australia's policies in respect of
                     overseas students to grant the visa; and

   (v)  if the applicant is a student under a scholarship scheme or training
        program approved by AIDAB, the applicant has the support of AIDAB for
        the grant of the visa.



"(2) Paragraph (1) (b) does not apply to an applicant who meets the
requirements of paragraph 414.221 (c).

"414.229 (1) Subject to subclause (3), if:

   (a)  the applicant was, at the time of application, the holder of:

        (i)    a Business, Cultural/Social, Educational, Expatriate, Family
               Relationship, Interdependency, Retirement, Supported Dependant,
               subclass 303, subclass 773 or subclass 427 visa; or

        (ii)   the holder of a Confirmatory visa which was granted on the
               grounds that the applicant satisfied the criteria for one of
               the visas specified in subparagraph (i); and

   (b)  the grant of the visa would allow the applicant a total period of stay
        in Australia of more than 4 months as a temporary resident; the
        applicant is sponsored by an intended employer.



"(2) Subject to subclause (3), if, at the time of application, the applicant
was the holder of a Long Stay (Visitor), Short Stay (Visitor) or Working
Holiday visa, the applicant is sponsored by the intended employer.



"(3) Subclauses (1) and (2) do not apply to an applicant who meets the
requirements of paragraph 414.221 (c).".