Regulation 2.75B — Period of approval of nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

2.75B Period of approval of nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

(1) This regulation applies in relation to a nomination by a person of an occupation in which a holder of, or an applicant or proposed applicant for, a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the nominee) is identified as the person who will work in the occupation.

(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

(c) if a visa application made by the nominee on the basis of the nomination is finally determined or withdrawn after 12 months after the day on which the nomination is approved—the day on which the visa application is finally determined or withdrawn; and

(d) the day on which the nominee is granted a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and

(e) if the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored 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

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

(g) if:

(i) the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored 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

(h) 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 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream—the day on which the work agreement ceases.

Division 2.18— Labour agreements Subdivision 2.18.1—Labour agreements