Exemptions from the Skilled Criteria
TABLE OF CONTENTS
This is set out in IMMI 12/60
- SPECIFY the following class of persons for the purposes of subclause 186.234(3) of the Regulations:
Class 1
Persons who are employed in certain occupations as follows:
- Ministers of Religion (ANZSCO 272211) who have applied for a visa under the Regulations to occupy a position as nominated by a religious institution;
- Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2, who have applied for a visa under the Regulations to occupy a position as nominated by Australian government agencies;
- Academics who have applied for a visa under the Regulations to occupy a position as nominated by a university in Australia. An academic is a person to be employed at an Academic Level of A, B, C, D or E as a University Tutor (ANZSCO: 242112), University Lecturer (ANZSCO: 242111) or Faculty Head (ANZSCO: 134411).
- SPECIFY the following classes of persons for the purposes of subclause 186.234(3) and paragraph 187.234(a) of the Regulations:
Class 2
Persons who are nominated for a visa under the Regulations for a position where their nominated earnings will be at least equivalent to the current Australian Tax Office top individual income tax rate.
Class 3
Persons who are currently in Australia as the holder of a subclass 444 or 461 visa and have been working with their nominating employer in their nominated occupation for at least two years (excluding any periods of unpaid leave) in the last three years immediately before making their visa application.
RSMS
Schedule 1 criteria
1114C. Regional Employer Nomination (Permanent) (Class RN)
(3) Other:
(a) An application must be made as an Internet application.
Note An Internet application is taken to have been made at the time, identified using Australian Eastern Standard Time or Australian Eastern Standard Time incorporating Daylight Saving Time in the Australian Capital Territory, that corresponds to the time at which the Internet application is made: see regulation 2.10C.
(b) An applicant may be in or outside of Australia, but not in immigration clearance.
(c) An applicant in Australia must hold:
(i) a substantive visa; or
(ii) a Subclass 010 (Bridging A) visa; or
(iii) a Subclass 020 (Bridging B) visa; or
(iv) a Subclass 030 (Bridging C) visa.
(d) An applicant seeking to satisfy the primary criteria must declare in the application that the position to which the application relates is a position nominated:
(i) under regulation 5.19; or
(ii) in accordance with a labour agreement that is in effect, by an employer that is a party to the labour agreement.
(e) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa may be made at the same time as, and combined with, the application by that person.
(4) Subclasses:
Subclass 187 (Regional Sponsored Migration Scheme)
Schedule 2 Criteria
Subclass 187 Regional Sponsored Migration Scheme
187.1 Interpretation
187.111 In this Part:
application for approval means an application under regulation 5.19 for approval of the nomination of a position.
occupation means the occupation that would be carried out by a person who is employed in a position.
regional Australia has the meaning given by subregulation 5.19 (7).
Note 1 For ANZSCO and labour agreement: see regulation 1.03.
Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
Note 3 Regulation 1.03 provides that vocational English has the meaning set out in regulation 1.15B.
187.2 Primary criteria
Note The primary criteria for the grant of a Subclass 187 visa include criteria set out in streams..
If an applicant applies for a Subclass 187 visa in the Temporary Residence Transition stream, the criteria in Subdivisions 187.21 and 187.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 187 visa in the Direct Entry stream, the criteria in Subdivisions 187.21 and 187.23 are the primary criteria.
If an applicant applies for a Subclass 187 visa in the Agreement stream, the criteria in Subdivisions 187.21 and 187.24 are the primary criteria.
The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
187.21 Common criteria
Note These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 187 visa.
187.211 If it is mandatory, in the State or Territory in which the position to which the application relates is located, that a person:
(a) hold a licence of a particular kind; or
(b) hold registration of a particular kind; or
(c) be a member (or a member of a particular kind) of a particular professional body;
to perform tasks of the kind to be performed in the occupation to which a position relates, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application.
187.212 The position to which the application relates will provide to the applicant the employment referred to in the application for approval.
187.213 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(4) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 187 visa; and
(b) had turned 18 at the time of application;
satisfies public interest criterion 4019.
(5) Each member of the family unit of the applicant who:
(a) is an applicant for a Subclass 187 visa; and
(b) has not turned 18;
satisfies public interest criteria 4015 and 4016.
(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.
187.214 (1) The applicant satisfies special return criteria 5001, 5002 and 5010.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies special return criteria 5001, 5002 and 5010.
187.215 Either:
(a) the applicant holds a valid passport that:
(i) was issued to the applicant by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to hold a passport.
187.22 Criteria for Temporary Residence Transition stream
Note These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Temporary Residence Transition stream.
187.221 At the time of application, the applicant:
(a) had not turned 50; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
187.222 At the time of application, the applicant:
(a) had vocational English; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
187.223 (1) The position to which the application relates is the position:
(a) nominated in an application for approval that seeks to meet the requirements of subregulation 5.19 (3); and
(b) in relation to which the applicant is identified as the holder of a Subclass 457 (Temporary Work (Skilled)) visa; and
(c) in relation to which the declaration mentioned in paragraph 1114C (3) (d) of Schedule 1 was made in the application for the grant of the visa.
(2) The Minister has approved the nomination.
(3) The nomination has not subsequently been withdrawn.
(4) The position to which the application relates is located in regional Australia.
(5) The position is still available to the applicant.
(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.
187.224 (1) The applicant satisfies public interest criterion 4007.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4007.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
187.23 Criteria for Direct Entry stream
187.231 At the time of application, the applicant:
(a) had not turned 50; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
187.232 At the time of application, the applicant:
(a) had competent English; or
(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.
187.233 (1) The position to which the application relates is the position:
(a) nominated in an application for approval that seeks to meet the requirements of:
(i) subparagraph 5.19 (4) (h) (ii); or
(ii) subregulation 5.19 (4) as in force before 1 July 2012; and
(b) in relation to which the declaration mentioned in paragraph 1114C (3) (d) of Schedule 1 was made in the application for the grant of the visa.
(2) The person who will employ the applicant is the person who was the nominator in the application for approval.
(3) The Minister has approved the nomination.
(4) The nomination has not subsequently been withdrawn.
(5) The position is still available to the applicant.
(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.
187.234 At the time of application:
(a) the applicant was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph; or
[These are defined in Legislative Instrument IMMI 12/060 dated 12 June 2012 as follows:
Class 2
Persons who are nominated for a visa under the Regulations for a position where their nominated earnings will be at least equivalent to the current Australian Tax Office top individual income tax rate.
Class 3
Persons who are currently in Australia as the holder of a subclass 444 or 461 visa and have been working with their nominating employer in their nominated occupation for at least two years (excluding any periods of unpaid leave) in the last three years immediately before making their visa application.
Writer’s note: The effect of the above is that all persons who obtained their qualification overseas apart from New Zealanders and those earning more than $180,001 per annum must have a skill assessment.]
(b) if:
(i) the applicant’s occupation is specified by the Minister in an instrument in writing for this subparagraph; and
(ii) the applicant did not obtain the necessary qualification in Australia;
the applicant’s skills had been assessed as suitable for the occupation by an assessing authority specified by the Minister in the instrument for subparagraph (i) as the assessing authority for the occupation; or
(c) if neither paragraph (a) nor (b) applies, the applicant had the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation.
[Writer’s note : What does ‘the applicant did not obtain the necessary qualification in Australia’ mean? The writer argues that if a person obtained an Australian Registered Training Organisation, RTO, qualification through recognition of prior learning then the qualification has been obtained in Australia. So if one could engineer a situation where the person got such a qualification in Australia one would not have to go down the skill assessment pathway.]
187.235 (1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.
187.24 Criteria for Agreement stream
Note These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Agreement stream.
187.241 Either:
(a) the applicant had not turned 50 at the time of application; or
(b) the Minister has agreed, in a labour agreement:
(i) that is in effect; and
(ii) to which the employer is a party; and
(iii) under which the position to which the application relates is nominated;
that persons who have turned 50 may be employed.
187.242 (1) The position to which the application relates is the position:
(a) nominated by an employer in accordance with a labour agreement that is in effect and to which the employer is a party; and
(b) identified in the application for the grant of the visa.
(2) The requirements of the labour agreement have been met in relation to the application.
(3) The Minister has approved the nomination.
(4) The nomination has not subsequently been withdrawn.
(5) The position is still available to the applicant.
(6) The Minister is satisfied that the terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that:
(a) are provided; or
(b) would be provided;
to an Australian citizen or an Australian permanent resident for performing equivalent work in the workplace to which the application relates at the same location.
187.243 The applicant has qualifications, experience and other attributes that are suitable for the position.
187.244 (1) The applicant satisfies public interest criterion 4005.
(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4005.
(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4005 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to the criterion.
187.3 Secondary criteria
Note These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.
187.31 Criteria
187.311 The applicant:
(a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and
(b) made a combined application with the primary applicant.
187.312 Any nomination approved in respect of the primary applicant, and mentioned in paragraph 1114C (3) (d) of Schedule 1, includes the applicant.
187.313 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.
(4) If the primary applicant holds a Subclass 187 visa in the Temporary Residence Transition stream, the applicant satisfies public interest criterion 4007.
(5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.
187.314 The applicant satisfies special return criteria 5001, 5002 and 5010.
187.315 Either:
(a) the applicant holds a valid passport that:
(i) was issued to the member by an official source; and
(ii) is in the form issued by the official source; or
(b) it would be unreasonable to require the applicant to hold a passport.
187.4 Circumstances applicable to grant
187.411 The applicant:
(a) may be in or outside Australia when the visa is granted; and
(b) must not be in immigration clearance.
Note The second instalment of visa application charge must be paid before the visa can be granted.
187.5 When visa is in effect
187.511 Permanent visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant.
187.6 Conditions
187.611 If the applicant is outside Australia when the visa is granted:
(a) first entry must be made before the date specified by the Minister; and
(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.
Regional Australia
Regional Australia is defined in IMMI 12/66 as follows:
I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under sub-subparagraph 5.19(4)(h)(ii)(F) and subregulation 5.19(7) of the Migration Regulations 1994 (‘the Regulations’):
- SPECIFY each of the bodies listed in Schedule A to this Instrument as bodies for the purposes of sub-subparagraph 5.19(4)(h)(ii)(F) of the Regulations; AND
- SPECIFY the part of Australia, to which the postcodes listed in Schedule B to this Instrument are applicable, as a part of Australia for the purposes of subregulation 5.19(7) of the Regulations.
This Instrument, IMMI 12/066, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).
Dated 12 June 2012
CHRIS BOWEN
Minister for Immigration and Citizenship
[NOTE 1: Sub-subparagraph 5.19(4)(h)(ii)(F) of the Regulations provides that a body that is specified by the Minister in an instrument in writing and a body that is located in the same State or Territory as the location of the position, has advised the Minister about the matters mentioned in paragraph (e) and sub-paragraphs (B) and (C).
NOTE 3: Subregulation 5.19(7) provides that regional Australia means a part of Australia specified by the Minister in an instrument in writing for this definition.]
SCHEDULE A
Australian Capital Territory
ACT Economic Development Directorate
New South Wales
Industry and Investment NSW
Central NSW
Regional Development Australia, Central West Inc
Regional Development Australia, Orana Inc
Northern NSW
Regional Development Australia, Hunter Inc
Regional Development Australia, Northern Inland Inc
Regional Development Australia, Northern Rivers Inc
Regional Development Australia, Mid North Coast Inc
Eastern NSW
Regional Development Australia, Central Coast Inc
Southern NSW
Regional Development Australia, Southern Inland Inc
Regional Development Australia, Illawarra Inc
Regional Development Australia, Murray Inc
Regional Development Australia, Riverina Inc
Western NSW
Regional Development Australia, Far West Inc
Northern Territory
Department of Business and Employment
Queensland
Chamber of Commerce and Industry Queensland (Brisbane)
South East QLD
Chamber of Commerce and Industry Queensland (Gold Coast)
Chamber of Commerce and Industry Queensland (Sunshine Coast)
South West QLD
Maranoa Regional Council
Chamber of Commerce and Industry Queensland (Toowoomba)
Central QLD
Central Western Queensland Remote Area Planning and Development Board Inc
Chamber of Commerce and Industry Queensland (Rockhampton and Central Qld)
Mount Isa Chamber of Commerce Inc
Winton Shire Council
Gladstone Area Promotion and Development Limited
Regional Development Australia Central Queensland
North QLD
Cairns Chamber of Commerce Inc
Cape York Peninsula Development Association Inc
Chamber of Commerce and Industry Queensland (Cairns and Far North Qld)
Chamber of Commerce and Industry Queensland (Mackay)
Chamber of Commerce and Industry Queensland (Townsville and North Qld)
Gulf Savannah Development Inc
Townsville Enterprise Limited
South Australia
Department of Manufacturing Innovation, Trade, Resources and Energy
Tasmania
Department of Economic Development, Tourism and the Arts
Victoria
Department of Innovation, Industry and Regional Development
Regional Development Victoria (Ballarat)
Regional Development Victoria (Bendigo)
Regional Development Victoria (Geelong)
Regional Development Victoria (Mildura)
Regional Development Victoria (Shepparton)
Regional Development Victoria (Traralgon)
Regional Development Victoria (Wangaratta)
Regional Development Victoria (Wodonga)
Swan Hill Rural City Council
Warrnambool City Council
Wimmera Development Association Inc.
Western Australia
Gascoyne Development Commission
Great Southern Development Commission
Kimberley Development Commission
Mid West Development Commission
Peel Development Commission
Pilbara Development Commission
Skilled Migration Western Australia
South West Development Commission
RDA Goldfields Esperance
SCHEDULE B
REGIONPOSTCODES
Australian Capital TerritoryAll postcodes in the Territory
New South Wales (Except Sydney, Newcastle and Wollongong)2250 to 2251 – (Central Coast)
2256 to 2263 – (Central Coast)
2311 to 2312
2328 to 2411
2420 to 2490
2536 to 2551
2575 to 2594
2618 to 2739
2787 to 2898
Northern TerritoryAll postcodes in the Territory
Queensland (Except the greater Brisbane area and the Gold Coast)4124 to 4125
4133
4211
4270 to 4272
4275
4280
4285
4287
4307 to 4499
4515
4517 to 4519
4522 to 4899
South AustraliaAll postcodes in the State
TasmaniaAll postcodes in the State
Victoria (Except Melbourne metropolitan area)3211 to 3334
3340 to 3424
3430 to 3649
3658 to 3749
3753
3756
3758
3762
3764
3778 to 3781
3783
3797
3799
3816 to 3909
3921 to 3925
3945 to 3974
3979
3981 to 3996
Western AustraliaAll postcodes in the State
The old Reg 5.19
Reg 5.19
(4) An employer nomination meets the requirements of this subregulation if:
(a) the employer nomination is made by an employer in respect of a need for a paid employee in a business that is:
(i) actively and lawfully operating in regional Australia; and
(ii) operated by that employer; and
(b) either:
(i) the appointment:
(A) will provide the employee with full-time employment; and
(B) will be for at least 2 years; and
(C) will be located in regional Australia; or
(ii) if the employer nomination relates to a person designated under regulation 2.07AO — the appointment:
(A) will provide the employee with either continuing full-time employment or seasonal employment that will continue; and
(B) is in accordance with the employment the employee has undertaken in regional Australia over the previous 12 months; and
(C) will be located in regional Australia; and
(c) unless the appointment is exceptional, the work to be performed requires the appointment of a person who has a diploma (within the meaning of subregulation 2.26A(6)) or higher qualification; and
(d) the employee is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards; and
(e) a body specified by Gazette Notice for this paragraph certifies that the employer nomination meets the requirements of paragraphs (a), (b) and (c); and
(f) the Minister is satisfied that nothing adverse is known to Immigration about the business background of:
(i) the employer; or
(ii) any officer of any of the entities that constitute the employer; or
(iii) any individual who is a member of a partnership that is 1 of the entities that constitute the employer; and
(g) the Minister is satisfied that the employer has a satisfactory record of compliance with the immigration laws of Australia; and
(h) the Minister is satisfied that the employer has a satisfactory record of compliance with workplace relations laws of:
(i) the Commonwealth; and
(ii) each State or Territory in which the employer operates the business and has employees of that business.
(5) In this regulation:
regional Australia means a part of Australia specified by Gazette Notice for this definition.
Same-sex couples
In line with the overall amendments to the Migration Regulations 1994, same-sex couples and their children (including step-children) can now apply for an employer sponsored visa as a family unit. On 1 July 2009, the amended Regulations came into effect to remove discrimination between same-sex and opposite-sex de facto couples, and between the children of same-sex and opposite-sex de facto couples.
Health criteria
As of 22 September 2010 in a Legislative Instrument IMMI 10/164 that was dated 10/09/10, all states and territories of Australia are participating in the health waiver scheme, where a lower health criteria applies for the 855, 856 and 857 visas. Here are the common criteria for these visas:
(2) The applicant also satisfies:
(a) either of the following:
(i) …
(ii) if the applicant resides or proposes to reside in a participating State or Territory;
public interest criterion 4007; or
(b) if paragraph (a) does not apply — public interest criterion 4005.
This does not translate into the visas for the direct entry stream
Some Federal Court decisions
There cannot be a change in employer between the date of visa application and the date of decision in an ENS visa application, even if the change of employer is a restructuring of the employer company.
In Li Tian v Minister for Immigration and Citizenship [2009] FCA 1406 (2 December 2009), a company was deregistered and a new one registered to take over the assets of the old company in order to meet the requirements of listing on the Newcastle Stock Exchange. But this meant the original approval of sponsorship was irrelevant, according to the Court:
- In my opinion, reg 5.19 contemplates a process whereby the Minister in exercising the power in reg 5.19 approves a nominated position for the employer who makes the application. The approved appointment is not at large. It is for a nominated position with the employer who made the application under the regulation.
- As soon as Revetec Limited either ceased to carry on its business or ceased to exist it was not capable of providing any appointment to the appellant. The Minister in those circumstances could not have been satisfied that Revetec Limited, which had secured the appointment, could provide the employment referred to in the relevant employer nomination. The appellant could not satisfy the criteria in reg 856.222.
- The relevant employer nomination was made by Revetec Limited and the position for which it sought approval was with it. The appellant could only rely upon Revetec Holdings Limited in support of her application for a Subclass 856 visa if Revetec Holdings Limited had first been approved as an approved appointment under reg 5.19.
- If the appellant’s construction were right, it would render the process in reg 5.19 pointless if the person seeking the visa intended to work for some other employer other than the employer who was seeking approval of a nominated position as an approved appointment.
The PAM has now overtaken this case.
PAM
Nominated occupation
Regulation 5.19(3)(a)(iii) requires the nominator to identify an occupation in relation to the position that is listed in ANZSCO and falls within the same ANZSCO unit group as the occupation that the nominee was approved under carried out while holding the UC-457 visa. For example, a person who had been working as a baker (ANZSCO 351111) while holding the UC-457 visa may be successfully nominated for the position of pastry cook (ANZSCO 351112).
Policy intends to accommodate circumstances where the UC-457 visa holder may have been promoted or may have been performing tasks at a higher level, within the same occupation. For example, the UC-457 visa holder might have commenced employment as a Plumber (General) (ANZSCO 334111) and after a period of 18 months was appointed to the position of Drainer (ANZSCO 334113). In this type of scenario, the requirements of regulation 5.19(3)(a)(iii)(B) may be satisfied.
If, however, the “promotion” has resulted in a change of occupation, the provisions of regulation 5.19(3)(a)(iii)(B) cannot apply. For example, if the person had commenced employment as an ICT Business Analyst (ANZSCO 261111) and after a period of 12 months was appointed to the position of Chief Technology Officer (ANZSCO 135111), the requirements of regulation 5.19(3)(a)(iii)(B) cannot be satisfied. In instances such as this, the visa holder nominee would need to apply for a further UC–457 visa in order to comply with condition 8107, and work as a Chief Technology Officer under the UC-457 visa program for 2 years before meeting eligibility criteria.
If the UC–457 visa was granted on the basis of a nomination approved in relation to an occupation listed in the ASCO, determining whether the occupation identified for the purposes of regulation 5.19(3)(a)(iii) falls within the same unit group as the UC–457 nominated occupation can be complicated. Unless specified otherwise in program-specific regulations, the departmentally-approved ASCO-ANZSCO correlation lists should be used in the first instance to determine whether the occupations are comparable for assessment purposes. There is no legislation specific to the ENS/RSMS program that states otherwise, therefore officers should be making any ASCO-ANZSCO correlation assessments using the departmentally-approved list available on the departmental website.
The nominator is, or was, the most recent approved standard business sponsor
Regulation 5.19(3)(b)(i) requires the nominator to be, or have been, the standard business sponsor who last identified the holder of the UC-457 visa in an approved nomination. Where a UC-457 visa holder has been working with an entity other than their most recent standard business sponsor, this entity is not eligible to nominate the UC-457 visa holder under the Temporary Residence Transition stream. In instances such as this, the other entity would need to apply for and gain approval to sponsor the UC-457 visa holder prior to applying under the Temporary Residence Transition stream or they may wish to explore options for nomination under the Direct Entry stream refer to Part C – Criteria applicable to Direct Entry stream nominations.
If the above occurs and the nominator recently gained approval to sponsor the UC-457 visa holder under the UC-457 program, they will be required to demonstrate that the employer, role and location of the nominee has remained the same over the two years considered to meet Temporary Residence Transition stream criteria. For further information refer to
Alternatively, they may wish to explore options under the Direct Entry stream refer to Part C – Criteria applicable to Direct Entry stream nominations.