Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.08CC

         (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)    seeks to enter Australia in accordance with a labour agreement, an RHQ agreement or an IASS agreement.

         (2)   An applicant to whom this regulation applies is taken also to have applied for a Labour Agreement (Residence) (Class BV) visa on the day on which Immigration receives evidence of the applicant's appointment by an employer authorised under the labour agreement, RHQ agreement or IASS agreement to recruit persons, if each of the following requirements is satisfied as at that date:

                (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 a Labour Agreement (Residence) (Class BV) visa.