Migration Regulations 1994 - Specification of Arrangements for Employer Nomination and Regional Employer Nomination Skilled Visas 2015

Overview

The Migration Regulations 1994, amended by IMMI 15/032, were enacted to address the procedural aspects of applying for Employer Nomination (Permanent) (Class EN) and Regional Employer Nomination (Permanent) (Class RN) visas, ensuring that these applications are processed in a consistent and efficient manner. This legislative instrument, introduced under subregulation 2.07(5) of the Migration Regulations 1994, specifies the form numbers and the required lodgement process for these particular visa applications. The enacting body responsible for this regulation is the Parliament of Australia, with the aim to streamline the visa application process and ensure compliance with the necessary administrative procedures. The policy objective behind this regulation is to provide clarity and uniformity in the application process, facilitating easier access to skilled migration pathways for both employers and skilled migrants.

Scope and Application

The explanatory statement outlines an instrument made under subregulation 2.07(5) of the Migration Regulations 1994, specifically addressing the arrangements for Employer Nomination (Permanent) (Class EN) and Regional Employer Nomination (Permanent) (Class RN) visas. The instrument specifies the approved forms and the method of lodgement for applications under items 1114B and 1114C of Schedule 1 to the Regulations. This legislation is primarily concerned with the administrative requirements for visa applications, ensuring that applicants follow the correct procedures to submit their applications. Given the nature of the instrument as minor and machinery, consultation was deemed unnecessary, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003. Consequently, a Human Rights Statement of Compatibility is not required, and the Office of Best Practice Regulation has indicated that a Regulatory Impact Statement is not necessary. The instrument, IMMI 15/032, took effect on 18 April 2015, setting the procedural guidelines for employers nominating skilled migrants for permanent residency.

Key Provisions

The key provisions of IMMI 15/032, an instrument made under the Migration Regulations 1994, primarily relate to the specifications for the approved forms and the procedures for lodging applications for Employer Nomination (Permanent) (Class EN) and Regional Employer Nomination (Permanent) (Class RN) visas, which are outlined in items 1114B and 1114C of Schedule 1 to the Regulations (section 2.07(5)). This instrument is intended to ensure that applicants for these specific visa classes use the correct forms and follow the appropriate processes to submit their applications. It effectively updates and confirms the procedural requirements for these visa categories by specifying the form number and the manner of lodgement. The obligations imposed by IMMI 15/032 on the parties involved are straightforward. Prospective visa applicants must ensure that they use the approved forms as specified by this instrument when making their applications. The employer nominating the applicant also has the responsibility to ensure that the application is correctly completed and submitted in accordance with the stipulated procedures. This includes ensuring that all necessary documentation and information are included with the application to meet the criteria for the Employer Nomination (Permanent) (Class EN) and Regional Employer Nomination (Permanent) (Class RN) visas. There are no specific offences, penalties, or civil or criminal consequences outlined in IMMI 15/032 for non-compliance with the specified form and lodgement requirements. However, any failure to adhere to these requirements could result in the application being invalid or incomplete, leading to delays or rejections in the visa application process. It is important for applicants and their employers to carefully follow the procedural guidelines to avoid such issues. The instrument itself does not prescribe maximum penalties, as it does not establish offences; rather, any consequences of non-compliance are procedural, impacting the processing of the visa application.