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Maurice
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2764
Experience:  Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
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My visa says Conditions Mig. Regs. Sched.8 in Sub Class 856 Can

Resolved Question:

My visa says Conditions Mig. Regs. Sched.8
in Sub Class 856
Can you elaborate the conditions. Many thanks
Submitted: 4 years ago.
Category: Australia Law
Expert:  Maurice replied 4 years ago.

HelloCustomer/p>

 

The conditions of the subclass 856 can be found on the link below:

 

http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/sch2.html

 

A full extract listed below, I trust it assists for your acceptance

 

856.1 Interpretation

856.111 In this Part:

participating State or Territory means a State or Territory specified by the Minister in an instrument in writing for this clause.

Note 1 For award course , see regulation 1.03.

Note 2 For approved appointment , see regulation 5.19.

Note 3 For category A course , see regulation 1.03.

Note 4 For category B student , see regulation 1.03.

Note 5 For competent English , see regulation 1.15C.

Note 6 For diploma , see subregulation 2.26A (6).

Note 7 For vocational English , see regulation 1.15B.

856.2 Primary criteria

Note The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

856.21 Criteria to be satisfied at time of application

856.211 (1) The applicant is not the holder of:

(a) a visa of one of the following classes:

(i) Electronic Travel Authority (Class UD);

(ii) Long Stay (Visitor) (Class TN);

(iia) Maritime Crew (Temporary) (Class ZM);

(iii) Short Stay Sponsored (Visitor) (Class UL) (also known as a Sponsored (Visitor) (Class UL));

(iv) Short Stay (Visitor) (Class TR);

(iva) Superyacht Crew (Temporary) (Class UW);

(vi) Tourist (Class TR);

(vii) Visitor (Class TV); or

(b) a special purpose visa; or

(c) a Subclass 456 (Business (Short Stay)) visa.

(2) If the applicant is not the holder of a substantive visa:

(a) the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004; and

(b) the last substantive visa held by the applicant was not:

(i) a visa of one of the following classes:

(A) Electronic Travel Authority (Class UD);

(B) Long Stay (Visitor) (Class TN);

(BA) Maritime Crew (Temporary) (Class ZM);

(C) Short Stay Sponsored (Visitor) (Class UL) (also known as a Sponsored (Visitor) (Class UL));

(D) Short Stay (Visitor) (Class TR);

(DA) Superyacht Crew (Temporary) (Class UW);

(F) Tourist (Class TR);

(G) Visitor (Class TV); or

(ii) a special purpose visa; or

(iii) a Subclass 456 (Business (Short Stay)) visa.

856.212 (1) Subject to subclause (2), the applicant meets the requirements of subclause (3), (5), (6) or (7).

(2) Subclause (1) does not apply to an applicant who does not hold a substantive visa if he or she would have satisfied the requirements of that subclause if the application had been made immediately before his or her substantive visa ceased.

(3) The applicant meets the requirements of this subclause if the applicant holds a qualifying visa within the meaning of subclause (4).

(4) For the purposes of subclause (3), a visa is a qualifying visa if it is:

(a) a visa of one of the following classes:

(i) Business (Temporary) (Class TB);

(ii) Cultural/Social (Temporary) (Class TE);

(iii) Educational (Temporary) (Class TH);

(iv) Family Relationship (Temporary) (Class TL);

(v) Interdependency (Temporary) (Class TM);

(vi) Medical Practitioner (Temporary) (Class UE);

(vii) Special Category (Temporary) (Class TY);

(viii) Supported Dependant (Temporary) (Class TW);

(ix) New Zealand Citizen (Family Relationship) (Temporary) (Class UP);

(x) Skilled -- Independent Regional (Provisional) (Class UX);

(xi) Skilled (Provisional) (Class VC);

(xii) Skilled (Provisional) (Class VF); or

(b) a Subclass 457 (Business (Long Stay)) visa; or

(c) a Confirmatory (Temporary) (Class TD) visa granted on the basis that the applicant:

(i) had applied for a visa of a class or subclass specified in paragraph (a) or (b), but needed to travel to Australia before a criterion, or criteria, for the grant of that visa had been satisfied; and

(ii) subsequently satisfied that criterion or those criteria; or

(d) a Graduate -- Skilled (Temporary) (Class UQ) visa; or

(e) a Subclass 161 (Senior Executive (Provisional)) visa; or

(f) a Subclass 164 (State/Territory Sponsored Senior Executive (Provisional)) visa.

(5) The applicant meets the requirements of this subclause if he or she:

(a) held one or more Group 2.6 (refugee and humanitarian (temporary entry)) entry permits under the Migration (1993) Regulations permitting temporary residence in Australia for a total period of more than 12 months; and

(b) is taken to hold a transitional (temporary) visa under the Migration Reform (Transitional Provisions) Regulations on the basis that he or she held a Group 2.6 (refugee and humanitarian (temporary entry)) entry permit under the Migration (1993) Regulations immediately before 1 September 1994.

(6) The applicant meets the requirements of this subclause if:

(a) he or she is the holder of a Student (Temporary) (Class TU) visa granted in relation to an award course at diploma level or above completed by the applicant while he or she was the holder of that visa; or

(b) he or she:

(i) is the holder of a Group 2.2 (student) entry permit granted under the Migration (1993) Regulations in relation to a formal course, or a category A course, completed by the applicant while the holder of that permit; and

(ii) is not a category B student for the purposes of the Migration (1993) Regulations.

(7) The applicant meets the requirements of this subclause if he or she is the holder of a Working Holiday (Temporary) (Class TZ) visa.

856.212A The applicant satisfies special return criterion 5010 (whether or not the applicant has previously been in Australia).

856.213 Each of the following is satisfied:

(a) the applicant has been nominated by an employer, in accordance with subregulation 5.19 (2), for an appointment in the business of that employer;

(b) either:

(i) both of the following are met:

(A) an assessing authority specified by the Minister in a Gazette Notice for this sub- subparagraph as the assessing authority for the occupation to which the appointment relates has assessed the applicant's skills as suitable;

(B) unless exceptional circumstances apply, the applicant has been employed in the occupation to which the appointment relates for at least 3 years before making the application; or

(ii) the applicant will be paid a salary in the nominated position that is at least the amount of salary specified in a Gazette Notice for this subparagraph; or

(iii) the applicant:

(A) holds a Subclass 418, 421, 422, 428, 444, 457 or 461 visa; and

(B) has worked full-time in the occupation to which the appointment relates in Australia, while holding a visa of a subclass mentioned in sub-subparagraph (A), for at least the period of 2 years immediately before making the application; and

(C) has worked full-time for the employer mentioned in paragraph (a), and in the occupation to which the appointment relates, while holding a visa of a subclass mentioned in sub-subparagraph (A), for at least the period of 1 year immediately before making the application ;

(c) either:

(i) in the case of an applicant mentioned in subparagraph 1114A (2) (a) (iii) or (iv) of Schedule 1 -- the applicant:

(A) is less than 45 at the time of the application for a Skilled (Residence) (Class VB) visa or a Skilled (Migrant) (Class VE) visa; and

(B) has competent English; and

(C) has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification; or

(ii) in any other case -- unless exceptional circumstances apply, the applicant:

(A) is less than 45; and

(B) has vocational English.

856.214 If the appointment is an approved appointment, the period that has elapsed since it became an approved appointment does not exceed 6 months.

856.215 If it is mandatory in Australia that a person:

(a) hold a licence of a particular kind; or

(b) hold registration of a particular kind; or

(c) be a member (or a member of a particular kind) of a particular professional body;

to perform tasks of the kind to be performed under the appointment, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body.

856.22 Criteria to be satisfied at time of decision

856.221 The appointment mentioned in paragraph 856.213 (a):

(a) has been approved; and

(b) has not been withdrawn; and

(c) continues to satisfy the criteria for approval; and

(d) is still available to the applicant.

Note See regulation 5.19 for the criteria for approval of the appointment.

856.222 The Minister is satisfied that the appointment mentioned in paragraph 856.213 (a) will provide the employment referred to in the relevant employer nomination.

856.223 (1) The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

(2) The applicant also satisfies:

(a) either of the following:

(i) if the applicant was the holder, at the time of application, of:

(A) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

(C) a Subclass 487 (Skilled -- Regional Sponsored) visa;

(ii) if the applicant resides or proposes to reside in a participating State or Territory;

public interest criterion 4007; or

(b) if paragraph (a) does not apply -- public interest criterion 4005.

856.225 (1) Each member of the family unit of the applicant who is an applicant for a Subclass 856 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and

(b) if the person had turned 18 at the time of application -- satisfies public interest criterion 4019.

(1AA) Each member of the family unit of the applicant is a person who also satisfies:

(a) either of the following:

(i) if the applicant was the holder, at the time of application, of:

(A) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

(C) a Subclass 487 (Skilled -- Regional Sponsored) visa;

(ii) if the applicant resides or proposes to reside in a participating State or Territory;

public interest criterion 4007; or

(b) if paragraph (a) does not apply -- public interest criterion 4005.

(1A) Each member of the family unit of the applicant who is an applicant for a Subclass 856 visa satisfies special return criterion 5010 (whether or not the member has previously been in Australia).

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 856 visa is a person who:

(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and

(b) either:

(i) if:

(A) the applicant was the holder, at the time of application, of:

(I) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(II) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

(III) a Subclass 487 (Skilled -- Regional Sponsored) visa; or

(B) the applicant resides or proposes to reside in a participating State or Territory;

satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion; or

(ii) in any other case -- satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

856.226 If a person (in this clause called the additional applicant ):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

(c) made a combined application with the applicant --

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

856.227 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

856.3 Secondary criteria

Note If any member of a family unit satisfies the primary criteria, the other members of the family unit are eligible for the grant of the visa if they satisfy the secondary criteria and their applications are made before the Minister has decided to grant or refuse to grant the visa to the first person.

856.31 Criteria to be satisfied at time of application

856.311 The applicant is a member of the family unit of a person who:

(a) has applied for an Employer Nomination (Residence) (Class BW) visa; and

(b) on the basis of the information provided in his or her application, appears to satisfy the criteria in Subdivision 856.21;

and the Minister has not decided to grant or refuse to grant the visa to that other person.

856.312 Any nomination given in respect of that other person includes the applicant.

856.313 The applicant satisfies special return criterion 5010 (whether or not the applicant has previously been in Australia).

856.32 Criteria to be satisfied at time of decision

856.321 (1) The applicant meets the requirements of subclause (2), (3) or (4).

(2) The applicant meets the requirement of this subclause if the applicant is a member of the family unit of a person ( the non-dependent holder ) who, having satisfied the primary criteria, is the holder of a Subclass 856 visa.

(3) The applicant meets the requirements of this subclause if:

(a) the applicant is the spouse or de facto partner of the non-dependent holder; and

(b) the relationship between the non-dependent holder and the applicant has ceased; and

(c) one or more of the following:

(i) the applicant;

(ii) a member of the family unit of the applicant who has made a combined application with the non-dependent holder;

(iii) a dependent child of the applicant or of the non-dependent holder;

has suffered family violence committed by the non-dependent holder.

(4) The applicant meets the requirements of this subclause if:

(a) the applicant is a member of the family unit of the spouse or de facto partner of the non-dependent holder; and

(b) the spouse or de facto partner meets the requirements of subclause (3); and

(c) the applicant has made a combined application with the non-dependent holder; and

(d) the spouse or de facto partner has been granted a Subclass 856 visa.

Note For special provisions relating to family violence, see Division 1.5.

856.322 (1) The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4009 and 4010; and

(b) if the applicant had turned 18 at the time of application -- satisfies public interest criterion 4019.

(2) The applicant also satisfies:

(a) either of the following:

(i) if the applicant was the holder, at the time of application, of:

(A) a Skilled -- Independent Regional (Provisional) (Class UX) visa; or

(B) a Subclass 475 (Skilled -- Regional Sponsored) visa; or

(C) a Subclass 487 (Skilled -- Regional Sponsored) visa;

(ii) if the applicant resides or proposes to reside in a participating State or Territory;

public interest criterion 4007; or

(b) if paragraph (a) does not apply -- public interest criterion 4005.

856.324 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

856.325 The Minister is satisfied that:

(a) the applicant is the holder of a valid passport that:

(i) was issued to the applicant by an official source; and

(ii) is in the form issued by the official source; or

(b) it would be unreasonable to require the applicant to be the holder of a passport.

856.4 Circumstances applicable to grant

856.411 The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

856.5 When visa is in effect

856.511 Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.

856.6 Conditions: Nil.

Customer: replied 4 years ago.
I think I was not clear, that if I leave the employer who sponsored my 856 and joining another employer what are the conditions (Schedule 8) according to sub class 856 I needs to fulfill.
Expert:  Maurice replied 4 years ago.

HelloCustomer/p>

 

If you leave the original sponsoring employer to join another employer than the conditions are the same as when you first entered the country on the subclass 856, the only difference being is the new employer embraces the obligations owed to you.

 

You have to click on the link I provided above and scroll right down to where it says:

 

Subclass 856 Employer Nomination Scheme

 

and these are the conditions referred to under Schedule 8 of the Migration Regulations 1994 which then refer you to Schedule 2 where your conditions are found, link previously provided.

 

I trust this clarifies the question for your acceptance

 

 

Maurice, Lawyer
Category: Australia Law
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Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
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