Migration (IMMI 18/045: Exemptions to Skill, Age and English Language Requirements for Subclass 186 and Subclass 187 Visas) Instrument 2018

Administered by Department of Home Affairs

Legislation au F2018L00301 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 18/045: Exemptions in Relation to Skill, Age and English Language Requirements for Subclass 186 and Subclass 187 Visas) Instrument 2018

(Subclause 186.234(3), paragraphs 186.221(b), 186.222(b), 186.231(b), 186.232(b), 187.221(b), 187.222(b), 187.231(b), 187.232(b), 187.234(a) of Schedule 2)

  1. The instrument, Migration (IMMI 18/045: Exemptions in Relation to Skill, Age and English Language Requirements for Subclass 186 and Subclass 187 Visas) Instrument 2018, is made under subclause 186.234(3), paragraphs 186.221(b), 186.222(b), 186.231(b), 186.232(b), 187.221(b), 187.222(b), 187.231(b), 187.232(b), and 187.234(a) of Schedule 2 to the Migration Regulations 1994 (the Regulations).
  2. Instrument Specification of Class of Persons 2015 (IMMI 15/109) (F2015L01148) is repealed:
    1. under regulation 1.03 of the Regulations in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument; and
    2. subsequent to the repeal of sub-subparagraph 5.19(4)(h)(ii)(D) of the Regulations by  the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018.
  3. The application provision in section 1 of Part 2 in Schedule 1 to the instrument provides that Schedule A to IMMI 15/109 and Schedule A to IMMI 17/058 will continue to apply in relation to a nomination of an occupation if the nomination is made before 18 March 2018. 
  4. Instrument Migration (IMMI 17/058: Occupations for Subclass 187 visas; Skill, Age and English language requirements for Subclass 186 and Subclass 187 visas) Instrument 2017 (F2017L00847) is repealed in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
  5. The purpose of the instrument is to address changes to the Regulations by the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018.
  6. The instrument specifies exemptions in relation to Skill, Age and English Language Requirements for Subclass 186 (Employer Nomination Scheme (ENS)) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa.  
  7. In particular, this instrument operates to:
    1. specify a class of persons who are exempt from having to satisfy the primary criteria in relation to skills and employment history for the relevant occupation at the time of application for a Subclass 186 visa and Subclass 187 visa;
    2. specify a class of persons who are exempt from having to satisfy the age requirement at the time of application for a Subclass 186 or a Subclass 187 visa.
    3. specify a class of persons who are exempt from having to satisfy the vocational English or competent English requirements at the time of application for a Subclass 186 or a Subclass 187 visa.
    4. reduce, from the previous instrument, the time the class of persons specified in Part 2, subsection 9(c) and 9(d) of this instrument, must work in a nominated occupation for the nominated employer immediately prior to the date of application from four years to three years; and
    5. specify a class of persons who are exempt from having to be below the age of 45 at the time of application for a Subclass 186 or a Subclass 187 visa.
  8. The instrument only applies to applications for nominated occupations made on or after 18 March 2018.
  9. The instrument notes in section 4 that ‘ANZSCO is defined in regulation 1.03 of the Regulations.’ Regulation 1.03 of the Regulations provides the following definition of ANZSCO: ‘ANZSCO has the meaning specified by the Minister in an instrument in writing for this definition.’ The instrument made under 1.03 for the definition of ANZSCO is IMMI 18/051. Section 5 of IMMI 18/051 provides:

‘For the purposes of regulation 1.03 of the Regulations, ANZSCO means the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 18 March 2018.’

10.         ANZSCO may be accessed on the Australian Bureau of Statistics website.

11.         The subject of this instrument is part of a broad package of reforms for the employer sponsored skilled visa programs, announced by the Government on 18 April 2017. The reforms include replacing the Subclass 457 (Temporary Work (Skilled)) visa with the Subclass 482 (Temporary Skill Shortage) visa. The Department of Home Affairs has engaged with external stakeholders since the announcement in developing the policy settings and considered feedback received.

12.         These reforms were also informed by earlier reviews including: the 2014 Independent Review into the Integrity of the Subclass 457 programme; the 2016 Productivity Commission Inquiry Report: Migrant Intake into Australia; the 2016 Review of the Temporary Skilled Migration Income Threshold; and the 2016 Senate Inquiry A National Disgrace: The Exploitation of Temporary Work Visa Holders. These reviews were subject to extensive consultation processes, including: individuals; academics; bodies and businesses who use the employer sponsored skilled visa programs; migration agents; representatives of foreign governments; the Ministerial Advisory Council on Skilled Migration; and government departments and agencies. The consultation occurred well before the instrument was made. This accords with subsection 17(1) of the Legislation Act 2003 which envisages consultations where appropriate and reasonably practicable.

13.         A Regulation Impact Statement has been prepared in accordance with advice from the Office of Best Practice Regulation (OBPR). The OBPR Reference number is 21946.

14.         Under section 10 of the Legislation (Exemptions and Other Matters) Regulations 2015 the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

15.         The instrument commences on 18 March 2018.

Overview

The Migration (IMMI 18/045: Exemptions in Relation to Skill, Age and English Language Requirements for Subclass 186 and Subclass 187 Visas) Instrument 2018 was enacted in 2018 to address gaps in the Migration Regulations 1994 concerning the skill, age, and English language requirements for Subclass 186 (Employer Nomination Scheme) and Subclass 187 (Regional Sponsored Migration Scheme) visas. This instrument was made under the authority of the Australian Parliament and aims to refine the criteria for certain skilled migration visas, ensuring that they align with the current needs of the Australian labour market and regional development objectives. The policy objective of the instrument is to provide flexibility in the skilled migration scheme by exempting certain applicants from specific requirements, thereby facilitating the nomination process and ensuring that skilled migrants can be effectively utilised in areas of need. The instrument specifies exemptions for applicants in relation to skill and employment history criteria, age requirements, and English language proficiency, as well as reducing the required work experience in a nominated occupation. These exemptions apply to applications for nominated occupations made on or after 18 March 2018 and are part of a broader set of reforms aimed at enhancing the integrity and efficiency of the skilled migration programs. The reforms were developed with extensive consultation with various stakeholders and are supported by a Regulation Impact Statement.

Scope and Application

The Migration (IMMI 18/045: Exemptions in Relation to Skill, Age and English Language Requirements for Subclass 186 and Subclass 187 Visas) Instrument 2018 applies to applicants for Subclass 186 (Employer Nomination Scheme) and Subclass 187 (Regional Sponsored Migration Scheme) visas, effective from 18 March 2018. This instrument provides specific exemptions from skill, age, and English language requirements for applicants of these visas, thereby modifying the eligibility criteria for certain occupations and making the programs more accessible to potential migrants. It applies to individuals who meet the specified criteria and whose nominations for occupations are made on or after the commencement date of the instrument. Additionally, the instrument reduces the required period of work in a nominated occupation for certain applicants from four years to three years, further adjusting the conditions under which these skilled visas can be obtained. This instrument is a part of the broader legislative reforms aimed at updating and refining Australia's skilled migration programs. The instrument operates under the Migration Regulations 1994 and repeals certain previous instruments, specifically the Instrument Specification of Class of Persons 2015 and the Migration (IMMI 17/058: Occupations for Subclass 187 visas; Skill, Age and English language requirements for Subclass 187 visas) Instrument 2017, to ensure that the new provisions are consistent with the current legislative framework. The instrument is designed to provide exemptions and adjustments to the eligibility criteria for skilled migrants applying for Subclass 186 and Subclass 187 visas, reflecting the government's policy reforms aimed at improving the efficiency and integrity of the skilled migration system. The instrument is not subject to disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulations 2015, and thus, a Statement of Compatibility with Human Rights is not required.

Key Provisions

The Migration (IMMI 18/045: Exemptions in Relation to Skill, Age and English Language Requirements for Subclass 186 and Subclass 187 Visas) Instrument 2018 provides exemptions from certain requirements for applicants of Subclass 186 (Employer Nomination Scheme) and Subclass 187 (Regional Sponsored Migration Scheme) visas. These exemptions include skill and employment history requirements (section 2), age requirements (section 3), and English language requirements (section 4). The instrument also reduces the required work experience in a nominated occupation from four years to three years for specific classes of persons (section 5). Additionally, it exempts certain applicants from the age limit of 45 years (section 6). These provisions apply to nominations made on or after 18 March 2018 (section 7). The Act imposes obligations on the parties involved, primarily those applying for the Subclass 186 and Subclass 187 visas. Applicants must ensure that they meet the criteria specified in the instrument for the exemptions they are claiming. For instance, if an applicant wishes to claim an exemption from the English language requirement, they must fall within the class of persons specified under section 4 of the instrument. Similarly, those seeking an exemption from the age requirement must also fall within the class of persons defined in section 3. The Act also imposes an obligation on the Department of Home Affairs to process applications in accordance with these exemptions. Breaches of the requirements set out in the instrument may lead to the refusal of a visa application. While the instrument does not explicitly detail penalties for non-compliance, the Migration Act 1958 (Cth) provides that visa applications made in contravention of the Act may be refused, and visas may be cancelled if the holder does not meet the conditions of their visa. Further, under section 231C of the Act, a person who makes a false or misleading statement in a visa application may be subject to a penalty of up to five years imprisonment or a fine of up to 210 penalty units, or both. The seriousness of the breach and the circumstances of the case will determine the specific consequences, including potential civil or criminal penalties.

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Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.