Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p40
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 40/178)
Character Range: 1523967–1526790

visa held by the applicant was a regional provisional visa;
the applicant must have held the visa, at the time of application, for at least:
 (c) 3 years unless circumstances specified in the instrument under subclause (2) exist; or
 (d) if the Minister has specified a lesser period in the labour agreement mentioned in paragraph 186.241(b)—that specified period.
 (2) The Minister may, by legislative instrument, specify circumstances for the purposes of paragraph (1)(c).

186.242
 (1) The position to which the application relates is the position:
 (a) nominated in an application for approval that:
 (i) identifies the applicant in relation to the position; and
 (ii) is made in relation to a visa in a Labour Agreement stream; and
 (b) identified in the application for the grant of the visa.
 (3) The Minister has approved the nomination.
 (4) The nomination has not subsequently been withdrawn.
 (4A) Either:
 (a) there is no adverse information known to Immigration about the employer who made the nomination or a person associated with the employer; or
 (b) it is reasonable to disregard any adverse information known to Immigration about the employer who made the nomination or a person associated with the employer.
 (5) The position is still available to the applicant.
 (6) The terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that:
 (a) are provided; or
 (b) would be provided;
to an Australian citizen or an Australian permanent resident for performing equivalent work in the workplace to which the application relates at the same location.

186.243
 (1) The applicant has the qualifications, experience and other attributes (if any) specified by the Minister in the labour agreement mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (2) The applicant satisfies any language test requirements (if any) specified by the Minister in the labour agreement mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (3) The applicant demonstrates their English language proficiency in the manner (if any) specified by the Minister in the labour agreement mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (4) The applicant demonstrates that they have the skills that are necessary to perform the tasks of the occupation to which the position relates in the manner (if any) specified by the Minister in the labour agreement mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (5) If a manner specified in the labour agreement for the purposes of subclause (4) is that the applicant's skills must be