Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p21
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 21/68)
Character Range: 1928452–1931313

(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 visa, the qualification was obtained as a result of studying a registered course.

Assessments for purposes of previous visas
 (4) Both of the following applied:
 (a) the applicant held a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa in relation to which all of the following applied:
 (i) the occupation to which that visa related was the nominated occupation;
 (ii) the applicant was required to demonstrate the matters mentioned in former paragraph 457.223(2)(d) or (4)(e), former subclause 482.212(4) or subclause 482.221(3) or 482.231(3) in relation to that visa;
 (iii) that demonstration included demonstrating that a person or body had assessed the applicant's skills as suitable for the occupation;
 (iv) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
 (b) the person or body mentioned in subparagraph (a)(iii) was specified by the Minister under subclause (6) as the assessing authority for the nominated occupation.
 (5) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

Minister may make legislative instruments
 (6) For the purposes of paragraph (4)(b) of this clause, the Minister may, by legislative instrument, specify a person or body as the assessing authority for an occupation.
 (7) The Minister may, by legislative instrument, specify circumstances in which the requirements of subclauses (2) to (5) are not required to have been met for the purposes of Subclass 494 visas in the Employer Sponsored stream.

494.225
 (1) At the time of application:
 (a) the applicant had been employed in the nominated occupation for at least 3 years on a full‑time basis and at the level of skill required for the occupation; or
 (b) circumstances specified by the Minister under subclause (2) existed.
 (2) The Minister may, by legislative instrument, specify circumstances in which an applicant is not required to have been employed as mentioned in paragraph (1)(a) for the purposes of Subclause 494 visas in the Employer Sponsored stream.

494.226
 (1) At the time of application:
 (a) the applicant had competent English; 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 had competent English for the purposes of Subclass 494 visas in the Employer Sponsored stream.
Note: Regulation 1.03 provides that competent English has