EXPLANATORY STATEMENT

Migration Regulations 1994

EXEMPTIONS TO ENGLISH LANGUAGE REQUIREMENT FOR THE

TEMPORARY BUSINESS (LONG STAY) VISA

    (CLAUSE 457.223)

1. This Instrument is made under clause 457.223 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’).

2.                  Paragraph 457.223(6)(a) of Schedule 2 of the Regulations provides that the activity nominated in relation to the applicant must attract a level of salary that is at least the level of salary worked out in a way specified by the Minister in an Instrument in writing.

3.                  Subclause 457.223(11) of Schedule 2 of the Regulations provides that in relation to the English language requirement an exempt applicant is an applicant who is in a class of applicants specified by the Minister in an Instrument in writing.

4.                  The purpose of the Instrument is to specify a level of salary for the purposes of paragraph 457.223(6)(a) and to specify classes of applicants for the purpose of subclause 457.223(11).

5.                  The Instrument operates to indicate the minimum level of salary an applicant must be paid to be exempted from the English language requirement where it is in the interests of Australia. It also operates to exempt the following groups of persons from the English language requirement, where the nominated occupation does not require a level of English language competency for grant (however described) of registration, licence or membership.  Applicants:

- whose nominated activity attracts a level of salary that is at least the level of salary worked out in a way specified by the Minister in an Instrument in writing;

- whose first language is English and are passport holders of Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America;

- who are nominated for a genuine position in ASCO Major Groups 1-3;

- who have completed at least five consecutive years of full-time study in a secondary and/or tertiary education institution where at least 80 per cent of the instruction was delivered in English;

- who are nominated for an activity that will be undertaken within the confines of a diplomatic or consular mission of another country or an office of the authorities of Taiwan.

6.                  The following documents are incorporated in the Instrument by reference:

– The Australian Standard Classification of Occupations (Second edition) (ABS Catalogue No 1220.0) available online from the Australian Bureau of Statistics at www.abs.gov.au/ausstats.

7. In consulting on the development of the English language requirement, there were ongoing discussions with the following stakeholders:

–                    the Commonwealth/State Working Party on Skilled Migration;

–                    key industry bodies;

–                    the Migration Institute of Australia; and

–                    relevant Commonwealth agencies.

8. The Instrument, IMMI 07/044, commences on 1 July 2007.