Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_5:p22
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 22/68)
Character Range: 1931045–1933833

(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 the meaning set out in regulation 1.15C.
494.23—Criteria for Labour Agreement stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 494 visa in the Labour Agreement stream.

494.231
 (1) The applicant satisfies public interest criterion 4005.
 (2) Each member of the family unit of the applicant who is an applicant for a Subclass 494 visa satisfies public interest criterion 4005.
 (3) Each member of the family unit of the applicant who is not an applicant for a Subclass 494 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

494.232
  Both:
 (a) the nominated occupation is the subject of a work agreement between the Minister and the person who nominated the nominated occupation; and
 (b) the work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 494 visa.

494.233
  Either:
 (a) the applicant had not turned 45 at the time of application; or
 (b) the applicant has not reached the age specified by the Minister in the work agreement mentioned in clause 494.232:
 (i) for the nominated occupation; and
 (ii) for the visa.

494.234
 (1) The applicant satisfies any language test requirements (if any) specified by the Minister in the work agreement mentioned in clause 494.232:
 (a) for the nominated occupation; and
 (b) for the visa.
 (2) The applicant demonstrates their English language proficiency in the manner (if any) specified by the Minister in the work agreement mentioned in clause 494.232:
 (a) for the nominated occupation; and
 (b) for the visa.

494.235
 (1) The applicant has the skills, qualifications and employment background (if any) specified by the Minister in the work agreement mentioned in clause 494.232:
 (a) for the nominated occupation; and
 (b) for the visa.
 (2) Either:
 (a) the applicant has worked in the nominated occupation or a related field for at least 3 years; or
 (b) the applicant has worked in the nominated occupation or a related field for the period (if any) specified by the Minister in the work agreement mentioned in clause 494.232:
 (i) for the nominated occupation; and
 (ii) for the visa.
 (3) The applicant demonstrates that they have the skills that are necessary to perform the tasks of the nominated occupation in the manner (if any) specified by the Minister in the work agreement mentioned in