Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p45
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 45/178)
Character Range: 1536534–1539273

Sponsored Migration Scheme
187.1—Interpretation

187.111
  In this Part:
application for approval means an application under regulation 5.19 for approval of the nomination of a position.
occupation means the occupation that would be carried out by a person who is employed in a position.
regional Australia has the meaning given by subregulation 5.19(16).
Note 1: For ANZSCO and labour agreement: see regulation 1.03.
Note 2: Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.
187.2—Primary criteria
Note: The primary criteria for the grant of a Subclass 187 visa include criteria set out in streams.
 If an applicant applies for a Subclass 187 visa in the Temporary Residence Transition stream, the criteria in Subdivisions 187.21 and 187.22 are the primary criteria for the grant of the visa.
 If an applicant applies for a Subclass 187 visa in the Direct Entry stream, the criteria in Subdivisions 187.21 and 187.23 are the primary criteria.
 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.
 All criteria must be satisfied at the time a decision is made on the application.
187.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 187 visa.

187.211
  If it is mandatory, in the State or Territory in which the position to which the application relates is located, that a person:
 (a) hold a licence of a particular kind; or
 (b) hold registration of a particular kind; or
 (c) be a member (or a member of a particular kind) of a particular professional body;
to perform tasks of the kind to be performed in the occupation to which a position relates, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application.

187.212
  The position to which the application relates will provide to the applicant the employment referred to in the application for approval.

187.212A
  Either:
 (a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
 (b) both of the following apply:
 (i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
 (ii) the Minister considers that it is reasonable to disregard the conduct.

187.213
 (1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4010, 4020 and 4021.
 (2) If the primary applicant has turned 18 at