Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An applicant for a Skilled -- New Zealand Citizen (Residence) (Class DB) visa, who has been nominated by an employer in respect of an appointment in the business of that employer but is not sponsored by a person, is taken also to have applied for an Employer Nomination (Residence) (Class BW) visa on the day when Immigration receives the employer nomination, if each of the following requirements is satisfied as at that date:
(a) the applicant was less than 45 years of age at the time of the application for the Class DB visa;
(b) a decision to grant, or refuse to grant, to the applicant a Subclass 861 (Skilled -- Onshore Independent New Zealand Citizen) visa has not been made;
(c) the applicant:
(i) has been assessed in relation to a Subclass 861 visa under Subdivision B of Division 3 of Part 2 of the Act; and
(ii) was given an assessed score that is more than or equal to the applicable pool mark at the time when the score was assessed;
(d) the appointment for which the applicant has been nominated is an approved appointment for regulation 5.19 on the basis that the nomination meets the requirements of subregulation (4) of that regulation;
(e) the applicant:
(i) has vocational English; and
(ii) has a diploma (within the meaning of subregulation 2.26A (6)) or a higher qualification.
(2) If subregulation (1) applies to an applicant for a Class DB visa, any other person included in the applicant's application is taken also to be included in the applicant's application for an Employer Nomination (Residence) (Class BW) visa.