EXPLANATORY STATEMENT
Migration Regulations 1994
CLASSES OF PERSONS (EXEMPT FROM THE ENGLISH LANGUAGE CRITERIA)
(Regulations 186.222(b), 186.232(b), 187.222(b), 187.232(b)
- This Instrument is made under paragraphs 186.222(b), 186.232(b), 187.222(b), 187.232(b) of the Migration Regulations 1994 (‘the Regulations’).
- Paragraphs 186.222(b), 186.232(b), 187.222(b) and 187.232(b) of the Regulations provide that the applicant must be in a class of persons specified by the Minister in an Instrument in writing.
- The purpose of this Instrument is to specify classes of persons who are exempt from satisfying the primary criteria in relation to English language for a:
(a) Subclass 186 (Employer Nomination Scheme (ENS)) visa in the Temporary Residence Transition stream or Direct Entry stream; or
(b) Subclass 187 (Regional Sponsored Migration Scheme (RSMS)) visa in the Temporary Residence Transition stream or Direct Entry stream.
The Temporary Residence Transition stream offers a fast-tracked pathway for subclass 457 visa holders who have worked for an employer for the last two years, and who the employer wishes to sponsor for permanent residence through either the ENS or the RSMS in order to retain their skills and experience, and as subject to certain specified criteria.
4. The Instrument operates to specify that, for paragraphs 186.222(b), 186.232(b), 187.222(b), 187.232(b), a class of persons who are exempt from satisfying the primary criteria in relation to English language for a Subclass 186 (ENS) visa in the Temporary Residence Transition stream or Direct Entry stream; or a Subclass 187 (RSMS) visa in the Temporary Residence Transition stream or Direct Entry stream, are applicants who are Ministers of Religion and who are being nominated for a position by a religious institution.
5. The Instrument operates to further specify that, for paragraphs 186.222(b), 186.232(b), 187.222(b), 187.232(b), a class of persons who are exempt from satisfying the primary criteria in relation to English language for a Subclass 186 (ENS) visa in the Direct Entry stream; or a Subclass 187 (RSMS) visa in the Direct Entry stream, are applicants who are nominated for a position where their nominated earnings will be at least equivalent to the current Australian Tax Office top individual income tax rate.
6. The Instrument operates to specify that, for paragraphs 186. 222(b) and 187.222(b), the class of persons who are exempt from satisfying the primary criteria in relation to English language for a Subclass 186 (ENS) visa in the Temporary Residence Transition stream; or a Subclass 187 (RSMS) visa in the Temporary Residence Transition stream, are applicants who have completed at least five years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English.
7. Consultation was undertaken with a wide range of Commonwealth Government Departments, State/Territory Government Departments, representative peak bodies for Migration Agents and the legal profession, industry organisations, unions and other relevant organisations.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 2012/13021).
9. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
10. This Instrument, IMMI 12/059, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).