Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a person (the applicant ) who:
(a) either:
(i) has applied for a Skilled -- Independent Overseas Student (Residence) (Class DD) visa; or
(ii) both:
(A) has applied for a Skilled -- Australian‑sponsored Overseas Student (Residence) (Class DE) visa; and
(B) seeks to satisfy the primary criteria for the grant of a Subclass 881 (Skilled -- Australian‑sponsored Overseas Student) visa; and
(b) has been nominated by an employer in respect of an appointment in the business of that employer that is an approved appointment for regulation 5.19 on the basis that the nomination meets the requirements of subregulation 5.19 (4).
(2) An applicant is taken also to have applied for an Employer Nomination (Residence) (Class BW) visa on the day on which the appointment mentioned in paragraph (1) (b) is approved, if each of the following requirements is satisfied as at that day:
(a) the applicant was less than 45 at the time of the application for the Class DD or Class DE visa;
(b) a decision to grant, or refuse to grant, to the applicant a Subclass 880 (Skilled -- Independent Overseas Student) visa or a Subclass 881 (Skilled -- Australian‑sponsored Overseas Student) visa has not been made;
(c) the applicant:
(i) has vocational English; and
(ii) has a diploma (within the meaning of subregulation 2.26A (6)) or a higher qualification.
(3) If subregulation (2) applies to an applicant for a Class DD or Class DE 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.