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))
- 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 increase the level of salary by 3.8% for the purposes of Subclause 457.223(6). This increase is in line with the 3.8% indexation of the minimum salary level that must be paid to Subclass 457 Temporary Business (Long Stay) visa holders. The formula has also been updated to maintain consistency throughout the legislation.
5. On advice from my department I consider that, having regard to section 18 of the Legislative Instruments Act 2003, consultations were not necessary or were inappropriate as this instrument relates to employment.
6. This Instrument, IMMI 08/063, commences on 1 August 2008.