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Interpreting "at almost all times" wording for the Skilled Employer Sponsored Regional (Provisional) (Class PE) visa

Sharon Harris, Immigration Lawyer from Queensland is predicting issues with the interpretation of the following law, and believes it could lead to an increase appeals:

Subclass 444/461 worker, in relation to an application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, means a person in relation to whom both of the following paragraphs apply: 

(a) during the 3 years ending immediately before the day the visa application was made, the person spent at least 2 years (whether made up of a continuous period or 2 or more non-consecutive periods) working:

(i) for the employer who made the nomination to which the visa application relates; and

(ii) in the nominated occupation to which the visa application relates; 

(b) at almost all times during those 3 years, the person held:

(i) a Subclass 444 (Special Category) visa; or

(ii) a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa.

Thank you, Sharon for bringing this to the attention of Migration Alliance.  We will all be prepared.

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