Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p38
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 38/178)
Character Range: 1519068–1521803

total period of at least 2 years (not including any period of unpaid leave).
 (3) The Minister may, by legislative instrument, specify different periods of time for the purposes of subclauses (1) and (2) for persons specified in the instrument.
186.23—Criteria for Direct Entry stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 186 visa in the Direct Entry stream.

186.231
  At the time of application, the applicant:
 (a) had not turned 45; or
 (b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

186.232
  At the time of application, the applicant:
 (a) had competent English; or
 (b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

186.232A
 (1) If, at the time of application:
 (a) the applicant held a regional provisional visa; or
 (b) the last substantive visa held by the applicant was a regional provisional visa;
the applicant must have held the visa for at least 3 years at the time of application unless circumstances specified in an instrument under subclause (2) exist.
 (2) The Minister may, by legislative instrument, specify circumstances for the purposes of subclause (1).

186.233
 (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 Direct Entry stream; and
 (iii) seeks to meet the requirements of subregulation 5.19(10); and
 (b) in relation to which the declaration mentioned in paragraph 1114B(3)(d) of Schedule 1 was made in the application for the grant of the visa.
 (2) The person who will employ the applicant is the person who made the nomination.
 (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 (4) The nomination has not subsequently been withdrawn.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 person who made the nomination or a person associated with that person; or
 (b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
 (5) The position is still available to the applicant.
 (6) The application for the visa is made not more than 6 months after the Minister approved the nomination.

186.234
 (1) At the time of application, subclause (2) or (3) applies.
 (2) All of the following apply:
 (a) the relevant assessing authority for the occupation has assessed the applicant's skills as suitable for the occupation;
 (aa) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
 (ab) if the