Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p18
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 18/38)
Character Range: 800389–803227

before the application is made, the identified person was employed in the occupation for a total period of at least 2 years (not including any periods of unpaid leave);
 (g) the nominator:
 (i) was the standard business sponsor, or the party to a work agreement, who last identified the identified person in a nomination approved under section 140GB of the Act; and
 (ii) is actively and lawfully operating a business in Australia;
 (h) the application identifies a need for the identified person to be employed in the position, under the direct control of the nominator;
 (i) there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator;
 (j) the identified person will be employed on a full‑time basis in the position for at least 2 years;
 (k) the terms and conditions of the identified person's employment will not include an express exclusion of the possibility of extending the period of employment;
 (l) the nominator's business has the capacity to employ the identified person for at least 2 years and to pay the person at least the annual market salary rate for the occupation each year;
 (m) requirements set out in subregulation 2.72C(15) are met, applying subregulations 2.72C(15) and (16) as if:
 (i) paragraph 2.72C(15)(a) did not apply; and
 (ii) references to the nominee were references to the identified person; and
 (iii) references to the person were references to the nominator;
 (n) either:
 (i) there is no information known to Immigration that indicates that the employment conditions (other than in relation to earnings) that will apply to the identified person are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location; or
 (ii) it is reasonable to disregard any such information;
 (o) the nominator has provided the information required by the Minister for the purposes of paragraphs (i) to (l) of this subregulation.

Minister may vary certain Temporary Residence Transition stream requirements
 (6) The Minister may, by legislative instrument, determine different periods of time for the purposes of paragraphs (5A)(d), (e) and (f) for persons specified in the instrument.
 (7) Paragraphs (5)(j), (k) and (l) and (5A)(h), (i) and (j) do not apply in relation to occupations specified in an instrument made under subregulation 2.72(13).

Direct Entry stream—additional requirements for approval
 (9) If the nomination relates to a visa in a Direct Entry stream, the following requirements must also be met:
 (a) the nominator is actively and lawfully operating a business in Australia;
 (b) if the nominator's business activities include activities related to the hiring of labour to other unrelated businesses—the position is within the