Regulation 2.75 — Period of approval of nomination—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa

2.75 Period of approval of nomination—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa

(1) This regulation applies in relation to a nomination by a person of an occupation in which any of the following (the nominee) is identified as the person who will work in the occupation:

(a) a holder of a Subclass 457 (Temporary Work (Skilled)) visa;

(ab) a holder of a Subclass 482 (Skills in Demand) visa;

(b) a holder of a Subclass 482 (Temporary Skill Shortage) visa;

(c) an applicant or a proposed applicant for a Subclass 482 (Skills in Demand) visa.

(2) An approval of a nomination ceases on the earliest of:

(a) the day on which Immigration receives notification, in writing, of the withdrawal of the nomination by the approved work sponsor; and

(b) 12 months after the day on which the nomination is approved unless, at that time, there is a visa application made by the nominee on the basis of the nomination that has not been finally determined; and

(ba) if a visa application made by the nominee on the basis of the nomination is finally determined or withdrawn after 12 months after the day on which the nomination is approved—the day on which the visa application is finally determined or withdrawn; and

(c) the day on which the nominee is granted a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 482 (Skills in Demand) visa; and

(d) if the nomination is of an occupation for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or the Core Skills stream—the nomination end day, unless, on the nomination end day:

(i) the person is a standard business sponsor; or

(ii) there is an application for approval as a standard business sponsor made by the person before the sponsorship end day in relation to which a decision has not been made under subsection 140E(1) of the Act; and

(e) the day on which an application mentioned in subparagraph (d)(ii) is refused; and

(f) if:

(i) the nomination is of an occupation for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or the Core Skills stream; and

(ii) the person’s approval as a standard business sponsor is cancelled under subsection 140M(1) of the Act;

the day on which the person’s approval as a standard business sponsor is cancelled; and

(g) if the approval of the nomination is given to a party to a work agreement (other than a Minister) and the nomination is of an occupation for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream— the day on which the work agreement ceases.