Commonwealth Numbered Regulations

1996 No. 76 MIGRATION REGULATIONS (AMENDMENT) - SCHEDULE

                               SCHEDULE                  Regulation 32

NEW PART 457 FOR INSERTION IN SCHEDULE 2
SUBCLASS 457-BUSINESS (LONG STAY) 457.1 INTERPRETATION 457.111 (1) In this
Part:

"approved business nomination" means a nomination approved under regulation
1.20H;

"key activity" has the same meaning as in Division 1.4A;

"person" includes an unincorporated body of persons;

"pre-qualified business sponsor" has the same meaning as in Division 1.4A;

"standard business sponsor" has the same meaning as in Division 1.4A.

(2) For the purposes of this Part, a business activity is of benefit to
Australia if:

   (a)  the conduct of the activity contributes to:

        (i)    the creation or maintenance of employment for Australian
               citizens or Australian permanent residents; or

        (ii)   expansion of Australian trade in goods or services; or

        (iii)  the improvement of Australian business links with international
               markets; or

        (iv)   competitiveness within sectors of the Australian economy; and

   (b)  the operator of the business:

        (i)    introduces to, or utilises or creates in, Australia new or
               improved technology or business skills; or

        (ii)   has a satisfactory record of, or a demonstrated commitment
               towards, training Australian citizens and Australian permanent
               residents in the business in Australia. (NOTE: "AUD"
               ,"ownership interest" and "RHQ agreement" are defined in
               regulation 1.03.) 457.2 PRIMARY CRITERIA (NOTE: 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.) 457.21 Criteria to be satisfied at time of
               application 457.211 If the application is made in Australia:

   (a)  the applicant is the holder of:

        (i)    a visa of one of the following classes:

                (A)  Business (Temporary) (Class TB);

                (B)  Cultural/Social (Temporary) (Class TE);

                (C)  Educational (Temporary) (Class TH);

                (D)  Expatriate (Temporary) (Class TJ);

                (E)  Family Relationship (Temporary) (Class TL);

                (F)  Interdependency (Temporary) (Class TM);

                (G)  Medical Practitioner (Temporary) (Class UE);

                (H)  Retirement (Temporary) (Class TQ);

                (I)  Supported Dependent (Temporary) (Class TW);

                (J)  Working Holiday (Temporary) (Class TZ); or

        (ii)   a visa of one of the following subclasses:

                (A)  Subclass 303 (Emergency (Temporary Visa Applicant));

                (B)  Subclass 427 (Domestic Worker (Temporary)-Executive);

                (C)  Subclass 457; or

   (b)  the applicant is the holder of:

        (i)    a visa of one of the following classes:

                (A)  Border (Temporary) (Class TA);

                (B)  Electronic Travel Authority (Class UD);

                (C)  Long Stay (Visitor) (Class TN);

                (D)  Short Stay (Visitor) (Class TR);

                (E)  Student (Temporary) (Class TU); or

        (ii)   a Subclass 456 (Business (Short Stay)) visa; or

   (c)  the applicant is the holder of a Confirmatory (Temporary) (Class TD)
        visa granted on the grounds that the applicant satisfied the criteria
        for a visa specified in paragraph (a) or (b); or

   (d)  the applicant is not the holder of a substantive visa and:

        (i)    the last substantive visa held by the applicant was of a kind
               specified in paragraph (a) or (c); and

        (ii)   the applicant satisfies Schedule 3 criteria 3003, 3004 and
               3005; or

   (e)  the applicant is not the holder of a substantive visa and:

        (i)    the last substantive visa held by the applicant was of a kind
               specified in paragraph (b); and

        (ii)   the applicant satisfies Schedule 3 criteria 3002, 3003, 3004
               and 3005. 457.22 Criteria to be satisfied at time of decision
               457.221 If the application is made in Australia, the applicant
               has complied substantially with the conditions to which the
               visa (if any) held, or last held, by the applicant is, or was,
               subject. 457.222 (1) If the application is made in Australia
               and at the time of application the applicant was the holder of
               a Student (Temporary) (Class TU) visa:

   (a)  the applicant has successfully completed a course in Australia at
        Associate Diploma level or above; and

   (b)  if the applicant is a private subsidised student-the Minister is
        satisfied that it would not be detrimental to Australia's policies in
        respect of overseas students to grant the visa; and

   (c)  if the applicant is a student under a scholarship scheme or training
        program approved by AusAID-the applicant has the support in writing of
        AusAID for the grant of the visa.

(2) Subclause (1) does not apply to an applicant who meets the requirements of
subclause 457.223 (3). 457.223 (1) The applicant meets the requirements of
subclause (2), (3), (4), (5), (6), (7), (8) or (9). Labour agreements

(2) The applicant meets the requirements of this subclause if:

   (a)  the activity specified in the application is the subject of a labour
        agreement; and

   (b)  that activity is the subject of an approved business nomination by a
        party to the labour agreement; and

   (c)  the applicant is nominated by a party to the labour agreement; and

   (d)  the Minister is satisfied that:

        (i)    the skills and experience of the applicant are suitable for the
               performance of the activity; and

        (ii)   the requirements of the labour agreement have been met in
               relation to the application. RHQ agreements

(3) The applicant meets the requirements of this subclause if:

   (a)  the activity specified in the application is the subject of an RHQ
        agreement; and

   (b)  the applicant has lodged with the application a statement that:

        (i)    identifies the applicant as a person who is to be employed in
               the regional headquarters of a business in Australia; and

        (ii)   identifies the RHQ agreement by the number given to the
               agreement. Sponsorship by Australian businesses: key activities

(4) The applicant meets the requirements of this subclause if:

   (a)  the activity in which the applicant proposes to be employed in
        Australia by a person (in this subclause called "the employer") is a
        key activity; and

   (b)  that activity is the subject of an approved business nomination by the
        employer; and

   (c)  the employer is:

        (i)    a pre-qualified business sponsor; or

        (ii)   a standard business sponsor; and

   (d)  the applicant is nominated in relation to the activity by the
        employer; and

   (e)  where:

        (i)    the employer is a standard business sponsor; and

        (ii)   the application is made for a stay in Australia of more than 12
               months; the applicant demonstrates (if so required by the
               Minister) that the applicant has the skills necessary to
               perform the activity. Sponsorship by Australian businesses:
               non-key activities

(5) The applicant meets the requirements of this subclause if:

   (a)  the activity in which the applicant proposes to be employed in
        Australia by a person (in this subclause called "the employer") is not
        a key activity; and

   (b)  that activity is the subject of an approved business nomination by the
        employer; and

   (c)  the employer is:

        (i)    a pre-qualified business sponsor; or

        (ii)   a standard business sponsor; and

   (d)  the applicant is nominated in relation to the activity by the
        employer; and

   (e)  where the application is made for a stay in Australia for more than 12
        months, the applicant demonstrates that he or she has the skills
        necessary to perform the activity; and

   (f)  where the employer is a standard business sponsor, the Minister is
        satisfied that the position to be filled by the applicant has not been
        created only for the purposes of securing the entry of the applicant
        to Australia. Sponsorship by overseas businesses

(6) The applicant meets the requirements of this subclause if:

   (a)  the applicant proposes to be employed in Australia by a person (in
        this subclause called "the employer") who does not operate a business
        activity in Australia; and

   (b)  that activity is the subject of an approved business nomination by the
        employer; and

   (c)  the employer:

        (i)    has given undertakings in accordance with approved form 1067;
               and

        (ii)   is a person whom the Minister is satisfied (apart from not
               operating a business in Australia) would, on application, be
               likely to be approved as a standard business sponsor; and

   (d)  where:

        (i)    the activity is a key activity; and

        (ii)   the application is made for a stay in Australia of more than 12
               months; the applicant demonstrates (if so required by the
               Minister) that the applicant has the skills necessary to
               perform the activity; and

   (e)  where the activity is not a key activity:

        (i)    the Minister is satisfied that the position to be filled by the
               applicant has not been created only for the purposes of
               securing the entry of the applicant to Australia; and

        (ii)   in the case of an application for a stay in Australia of more
               than 12 months-the applicant demonstrates that he or she has
               the skills necessary to perform the activity; and

   (f)  the Minister is satisfied that the applicant has a genuine and
        realistic commitment to:

        (i)    establish, or assist in establishing, on behalf of the
               employer, a business activity in Australia with overseas
               connections; or

        (ii)   fulfil, or assist in fulfilling, contractual obligations of the
               employer; that will be of benefit to Australia. Independent
               executives

(7) The applicant meets the requirements of this subclause if the Minister is
satisfied that:

   (a)  the applicant proposes to develop in Australia a business activity
        that will be:

        (i)    conducted by the applicant as a principal; and

        (ii)   of benefit to Australia; and

   (b)  the applicant has a genuine and realistic commitment:

        (i)    to maintain or obtain an ownership interest in a business in
               Australia; and

        (ii)   to maintain a direct and continuous involvement in the
               management of the business; and

        (iii)  to make decisions that affect the overall direction and
               performance of the business from day to day; and

   (c)  nothing adverse is known to Immigration about the applicant's business
        background; and

   (d)  the applicant has net assets of:

        (i)    not less than AUD250,000; or

        (ii)   a lesser amount that the Minister considers to be adequate; to
               conduct or establish the business.

Service sellers

(8) The applicant meets the requirements of this subclause if:

   (a)  the applicant:

        (i)    is a representative of a supplier of services who is located
               outside Australia; and

        (ii)   proposes to represent the supplier in Australia; and

   (b)  the representation involves negotiating, or entering into agreements,
        for the sale of services but does not involve the actual supply, or
        direct sale, of the services; and

   (c)  the Minister is satisfied that the proposal has not been made only for
        the purposes of securing the entry of the applicant to Australia.
        Persons accorded certain privileges and immunities

(9) The applicant meets the requirements of this subclause if:

   (a)  the applicant is a person to whom privileges and immunities will be
        accorded under the International Organizations (Privileges and
        Immunities) Act 1963 or the Overseas Missions (Privileges and 
        Immunities) Act 1995 ; and

   (b)  the Foreign Minister has recommended in writing to the Minister that
        the applicant should be granted the visa. 457.224 The applicant
        satisfies:

   (a)  public interest criteria 4001, 4002, 4003, 4004, 4010, 4013 and 4014;
        and

   (b)  except where the applicant meets the requirements of subclause 457.223
        (9)-satisfies public interest criterion 4006A. 457.225 If:

   (a)  the application is made outside Australia; and

   (b)  the applicant has previously been in Australia; the applicant
        satisfies special return criteria 5001 and 5002. 457.3 SECONDARY
        CRITERIA 457.31 (No criteria to be satisfied at time of application.)
        457.32 Criteria to be satisfied at time of decision 457.321 The
        applicant is a member of the family unit of a person (in this
        Subdivision called "the primary applicant") who, having satisfied the
        primary criteria, is the holder of a Subclass 457 visa. 457.322 If the
        application is made outside Australia separately from that of the
        primary applicant:

   (a)  the primary applicant is, or is expected soon to be, in Australia; and

   (b)  the applicant intends to stay temporarily in Australia as a member of
        the family unit of the primary applicant. 457.323 If the application
        is made in Australia, the applicant has complied substantially with
        the conditions that apply, or applied, to:

   (a)  any visa that the applicant holds or has held; or

   (b)  any visa held by the applicant immediately before becoming an unlawful
        non-citizen. 457.324 The applicant is included in any nomination that
        is required in respect of the primary applicant in accordance with
        approved form 1068. 457.325 The applicant:

   (a)  satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4013
        and 4014; and

   (b)  except where the applicant is a member of the family unit of a primary
        applicant who meets the requirements of subclause 457.223 (9)-
        satisfies public interest criterion 4006A. 457.326 If:

   (a)  the application is made outside Australia; and

   (b)  the applicant has previously been in Australia; the applicant
        satisfies special return criteria 5001 and 5002. 457.4 CIRCUMSTANCES
        APPLICABLE TO GRANT 457.411 If the applicant is outside Australia at
        the time of application, the applicant must be outside Australia at
        the time of grant. 457.412 If the applicant is in Australia at the
        time of application, the applicant must be in Australia at the time of
        grant. 457.5 WHEN VISA IS IN EFFECT 457.511 A temporary visa
        permitting the holder:

   (a)  in the case of a holder who is in Australia at the time of grant-to
        remain in Australia for a period of more than 3 months, but not more
        than 4 years, from the date of grant; and

   (b)  in the case of a holder who is outside Australia at the time of
        grant-to remain in Australia for a period of more than 3 months, but
        not more than 4 years from the date of entry that is specified by the
        Minister; and

   (c)  in any case-to travel to, and enter, Australia on multiple occasions
        before the end of the relevant period. 457.6 CONDITIONS 457.611 (1) If
        the applicant satisfies the primary criteria, condition 8107 applies
        to the visa granted to the applicant unless the applicant meets the
        requirements of subclause 457.223 (7).

(2) Any one or more of conditions 8106, 8301, 8303, 8502, 8516, 8522, 8525 and
8526 may be imposed. 457.7 WAY OF GIVING EVIDENCE 457.711 Visa label affixed
to a valid passport.