Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a person (the applicant ):
(a) who has applied for:
(i) an Independent (Migrant) (Class AT) visa; or
(ii) a Skilled -- Independent (Migrant) (Class BN) visa; or
(iii) a Skilled -- Australian‑sponsored (Migrant) (Class BQ) visa; or
(iv) a Skill Matching (Migrant) (Class BR) visa; and
(b) for whom the requirements mentioned in subregulation (2) are met.
(2) The requirements are that:
(a) the applicant was less than 45 years old at the time of the application for the Class AT, BN, BQ or BR visa; and
(b) a decision to grant, or refuse to grant, to the applicant a Subclass 126 (Independent), Subclass 134 (Skill Matching), Subclass 136 (Skilled -- Independent) or Subclass 138 (Skilled -- Australian‑sponsored) visa has not been made; and
(c) for an applicant for a Class AT or BN visa -- the applicant:
(i) has been assessed in relation to a Subclass 126 (Independent) or Subclass 136 (Skilled -- Independent) visa under Subdivision B of Division 3 of Part 2 of the Act; and
(ii) was given an assessed score that was at least the applicable pool mark at the time the score was assessed; and
(d) the applicant:
(i) for a Class AT visa:
(A) has functional English; and
(B) has a diploma (within the meaning
of
subregulation 2.26 (5)) or higher qualification; and
(ii) for a Class BN visa:
(A) has vocational English; and
(B) has a diploma (within the meaning
of
subregulation 2.26A (6)) or higher qualification; and
(iii) for a Class BQ visa:
(A) has vocational English; and
(B) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification; and
(iv) for a Class BR visa:
(A) has functional English; and
(B) has a diploma (within the meaning
of
subregulation 2.26A (6)) or higher qualification.
(3) Subregulation (4) applies to an applicant who has been nominated by an employer for an appointment in the business of the employer, if the appointment is an approved appointment in accordance with subregulation 5.19 (2) or (4).
(4) The applicant is taken also to have applied for an Employer Nomination (Migrant) (Class AN) visa on the day when Immigration receives the employer nomination.
(5) If subregulation (4) applies to an applicant for a Class AT, BN, BQ or BR visa:
(a) the applicant's application for an Employer Nomination (Migrant) (Class AN) visa is taken to have been made outside Australia; and
(b) any other person included in the applicant's application for a Class AT, BN, BQ or BR visa is taken also to be included in the applicant's application for an Employer Nomination (Migrant) (Class AN) visa.
(6) Subregulation (7) applies to an applicant who seeks to enter Australia in accordance with a labour agreement, an RHQ agreement or an IASS agreement, if Immigration has received evidence of the applicant's appointment by an employer authorised under the labour agreement, RHQ agreement or IASS agreement to recruit persons.
(7) The applicant is taken also to have applied for a Labour Agreement (Migrant) (Class AU) visa on the day when Immigration receives the evidence mentioned in subregulation (6).
(8) If subregulation (7) applies to an applicant for a Class AT, BN, BQ or BR visa:
(a) the applicant's application for an Labour Agreement (Migrant) (Class AU) visa is taken to have been made outside Australia; and
(b) any other person included in the applicant's application for a Class AT, BN, BQ or BR visa is taken also to be included in the applicant's application for an Labour Agreement (Migrant) (Class AU) visa.