Age
Must be under 45 at time of application, unless in one of six exemption categories: academic applicants, legacy 457 workers (applications on or before 30 June 2024), regional medical practitioner applicants, science applicants, Subclass 457/482 workers, or transitional 457 workers under 50. The coronavirus concession is not available for applications made after 25 November 2023.
English Language
Must have competent English at time of application — either a passport from a specified country, or an approved English test completed within the 3 years before the application with the required score. No exemptions currently apply for TRT applicants. At-home or online test versions are not accepted.
Subclass 491 or 494 Visa Holders
If holding — or the last substantive visa was — a Subclass 491 or 494 visa, must have held it for at least 3 years at time of application. No instrument currently specifies any exception to this.
The Position and Nomination
The position must match the associated TRT stream nomination under regulation 5.19. The nomination must identify the applicant — no substitution is allowed once a nomination is lodged. Both the nomination and visa application must be in the same stream. Nominations must be made before the visa application, but need not be approved before lodgement. The nomination must be approved before the visa can be granted. A withdrawn nomination means the visa cannot be granted — even if re-lodged later.
Adverse Information
There must be no adverse information about the nominator, or it must be reasonable to disregard it. If adverse information arises after nomination approval, the officer must seek manager advice and may need to give the applicant an opportunity to respond.
Position Must Still Be Available
The job offer must remain open. The criterion is not satisfied if the nomination or offer is withdrawn, the position is fraudulent, the nomination was based on false information, the position is not as approved, or the nominating entity has ceased trading. Applicants must notify the Department if the offer falls through under section 104 of the Act.
6-Month Time Limit
If the nomination was approved before the visa application was made, the visa application must be lodged within 6 months minus 1 day of nomination approval.
Discretionary Skills Assessment
A discretionary skills assessment can be requested where genuine concerns exist about the applicant's skills — for example, if there are allegations they were not working in the nominated occupation while on their 457 or 482 visa. Officers must consult their manager before requesting this.