Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p20
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 20/68)
Character Range: 1925865–1928674

it is reasonable to disregard any adverse information known to Immigration about the person who nominated the nominated occupation or a person associated with that person.

494.215
  Either:
 (a) 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 applicant has engaged in such conduct in that period;
 (ii) the Minister considers that it is reasonable to disregard the conduct.
494.22—Criteria for Employer Sponsored stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 494 visa in the Employer Sponsored stream.

494.221
 (1) The applicant satisfies public interest criterion 4007.
 (2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criterion 4007.
 (3) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criterion 4007, unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

494.222
  Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), both of the following apply:
 (a) the applicant is employed to work in the nominated occupation;
 (b) the applicant is employed to work in a position in:
 (i) the person's business; or
 (ii) a business of an associated entity of the person.

494.223
 (1) At the time of application:
 (a) the applicant had not turned 45; or
 (b) circumstances specified by the Minister under subclause (2) existed.
 (2) The Minister may, by legislative instrument, specify circumstances in which applicants are not required to have been under 45 for the purposes of Subclass 494 visas in the Employer Sponsored stream.

494.224
 (1) At the time of application:
 (a) subclauses (2) and (3) applied; or
 (b) subclauses (4) and (5) applied; or
 (c) circumstances specified by the Minister under subclause (7) existed.

Recent assessments
 (2) All of the following applied:
 (a) the relevant assessing authority for the applicant's nominated occupation has assessed the applicant's skills as suitable for that occupation;
 (b) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
 (c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended;
 (d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
 (3) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student