Document ID: chunk:federal_register_of_legislation:F2024L01585:clause:1_88:p1
Version: federal_register_of_legislation:F2024L01585
Segment Type: clause
Provision Reference: sch 1 cl 88 (pt 1/2)
Character Range: 19660–22492

88  Subdivisions 482.22 and 482.23 of Schedule 2
Repeal the Subdivisions, substitute:

482.22—Criteria for Specialist Skills stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Specialist Skills stream.

482.221
 (1) The Minister is satisfied that:
 (a) the applicant has carried out (whether on a full‑time, part‑time or casual basis) a period or periods of work in the nominated occupation or a related field; and
 (b) the total period of work carried out is, or is equivalent to, at least 12 months full‑time work; and
 (c) the period or periods of work were carried out during the period of 5 years ending immediately before the day the application was made.
 (2) The applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.
 (3) If the Minister requires the applicant to demonstrate that the applicant has the skills that are necessary to perform the tasks of the nominated occupation, the applicant demonstrates that the applicant has those skills in the manner specified by the Minister.

482.222
 (1) The applicant satisfies any language test requirements specified for the applicant by the Minister in a legislative instrument made for the purposes of this subclause.
 (2) If the Minister requires the applicant to demonstrate the applicant's English language proficiency, the applicant demonstrates their English language proficiency in the manner specified by the Minister.

482.223
  Unless the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13):
 (a) the applicant is employed to work in the nominated occupation; and
 (b) the applicant is employed to work in a position in:
 (i) if the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—the person's business; or
 (ii) if the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—the person's business or a business of an associated entity of the person.

482.23—Criteria for Core Skills stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 482 visa in the Core Skills stream.

482.231
 (1) The Minister is satisfied that:
 (a) the applicant has carried out (whether on a full‑time, part‑time or casual basis) a period or periods of work in the nominated occupation or a related field; and
 (b) the total period of work carried out is, or is equivalent to, at least 12 months full‑time work; and
 (c) the period or periods of work were carried out during the period of 5 years ending immediately before the day the application was made.