EXPLANATORY STATEMENT

Migration Regulations 1994

EXEMPTIONS TO THE ENGLISH LANGUAGE REQUIREMENT FOR THE TEMPORARY BUSINESS (LONG STAY) VISA

(SCHEDULE 2, PARAGRAPH 457.223(6)(a) AND SUBCLAUSE 457.223(11))

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

2.                  Clause 457.223 of Schedule 2 of the Regulations provides that where registration, licensing or professional membership requirements for a nominated occupation require a level of English that is higher than an average band score of 4.5 in an IELTS test, the applicant must have that level of proficiency. In other cases, they must have proficiency at least equivalent to an average band score of 4.5 in an IELTS test, unless: (i) they are an ‘exempt person’ defined in a Legislative Instrument; or (ii) the grant of the visa is in the interests of Australia and the applicant’s base level of salary is equal to or greater than a level of salary specified in a Legislative Instrument.

3.                  The Instrument operates to specify the categories of ‘exempted persons’ under 457.223(11) and to specify the level of salary, and method of calculating the level of salary, for the purposes of subclause 457.223(6).

4.                  The purpose of this Instrument is to update the method of calculating the level of salary for the purposes of subclause 457.223(6).

5.                  Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary.

6.                  This Instrument, IMMI 07/079, commences on the day after registration on the Federal Register of Legislative Instruments.