PAM 3
11.1 Applicability and overview
The section applies to ENS and RSMS nominations lodged under the Temporary Residence Transition stream.
The Temporary Residence Transition stream provides a streamlined pathway to employer sponsored permanent residence for persons who have been employed by the nominating employer as a primary UC-457 visa holder in the nominated occupation for a total of at least 2 years in the 3 year period immediately before the lodging of the nomination.
This section provides policy guidance in assessing related criteria at regulations 5.19(3)(a), 5.19(3)(b) and 5.19(3)(c).
Does anyone know where in the legislation reg 5.19 sets requirement of working for the same employer for 2 years ?
If so, please enlighten me as I am still in the dark believing that legislation requires working in nominated position for 2 years and being sponsored for RSMS /ENS by business that is currently approved under SBS and employs candidate for visa 187/186 under valid nomination . I see no requirement of employment with the same business for 2 years as soon as the nominated occupation under SBS remains the same.
legislation says :
(3) The Minister must, in writing, approve a nomination if:
[(a) amended by SLI 2013, 32 with effect on and from 23/03/2013 - LEGEND note]
(a) the application for approval:
(i) is made in accordance with subregulation (2); and
(ii) identifies a person who holds a Subclass 457 (Temporary Work (Skilled)) visa granted on the basis that the person satisfied the criterion in subclause 457.223(4) of Schedule 2; and
(iii) identifies an occupation, in relation to the position, that:
(A) is listed in ANZSCO; and
(B) has the same 4-digit occupation unit group code as the occupation carried out by the holder of the Subclass 457 (Temporary Work (Skilled)) visa; and
Has the same code – not the same workplace , not the same nomination , not the same employer !!!!
[(i) amended by SLI 2013, 32 with effect on and from 23/03/2013 - LEGEND note]
(i) is, or was, the standard business sponsor who last identified the holder of the Subclass 457 (Temporary Work (Skilled)) visa in a nomination made under section 140GB of the Act or under regulation 1.20G or 1.20GA as in force immediately before 14 September 2009; and
(ii) is actively and lawfully operating a business in Australia; and
[(iii) inserted by SLI 2013, 146 with effect on and from 01/07/2013 - LEGEND note]
(iii) did not, as that standard business sponsor, meet regulation 1.20DA, or paragraph 2.59(h) or 2.68(i), in the most recent approval as a standard business sponsor; and
[(c) amended by SLI 2013, 32 with effect on and from 23/03/2013 - LEGEND note]
[(i) substituted by SLI 2012, 256 with effect on and from 24/11/2012 - LEGEND note]
(i) both of the following apply:
(A) in the period of 3 years immediately before the nominator made the application, the holder of the Subclass 457 (Temporary Work (Skilled)) visa identified in subparagraph (a)(ii) has:
(I) held one or more Subclass 457 visas for a total period of at least 2 years; and
(II) been employed in the position in respect of which the person holds the Subclass 457 (Temporary Work (Skilled)) visa for a total period of at least 2 years (not including any period of unpaid leave);
Person holds visa in relation to nominated position (occupation identified by ANZCO )
Business must be current employer – visa applicant must be recently nominated by the business for nominated position .
Where is 2 years with the same business requirement set up ?
(B) the employment in the position has been full-time, and undertaken in Australia; or
(ii) all of the following apply:
(A) the person holds the Subclass 457 (Temporary Work (Skilled)) visa on the basis that the person was identified in a nomination of an occupation mentioned in sub-subparagraph 2.72(10)(d)(iii)(B) or sub-subparagraph 2.72(10)(e)(iii)(B);
(B) the nominator nominated the occupation;
(C) the person has been employed, in the occupation in respect of which the person holds theSubclass 457 (Temporary Work (Skilled)) visa, for a total period of at least 2 years in the period of 3 years immediately before the nominator made the application
The person suppose to be employed for 2 years in the occupation/position of which the person holds the 457 visa . Where is requirement of working for in the same workplace ?