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 Schedule 2, paragraph 457.223(6)(a) and subclause 457.223(11) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 457.223(6)(a) of the Regulations applies to an applicant for a Subclass 457 visa who will be paid, in connection with the occupation nominated in relation to the applicant, 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 for the paragraph.
3. Subclause 457.223(11) of the Regulations provides that in subclause 457.223(4), exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for the subclause.
4. The purpose of the Instrument is to specify the level of salary and categories of applicants who are exempt from the English language proficiency requirements.
5. The instrument operates to ensure that the exemption applies to applicants who were nominated in relation to an activity by a standard business sponsor approved under regulation 1.20D or 1.20DA of the regulations, where the activity will be performed at a diplomatic or consular mission of another country or an office of the authorities of Taiwan located in Australia. Regulations 1.20D and 1.20DA have been repealed, and replaced with regulation 2.59, with effect from 14 September 2009. To ensure the exemption continues to apply to applicants who were nominated in relation to an activity by a standard business sponsor who was approved under regulation 2.59 (and where the activity will be performed at a diplomatic or consular mission of another country or an office of the authorities of Taiwan located in Australia), it is necessary to update the instrument to include a reference to regulation 2.59 in paragraph 5(d).
6. The instrument also operates to remove the exemption for applicants who either held a visa on 14 April 2009, or were granted a visa on or after 14 April 2009 in relation to an application that was lodged before 14 April 2009. That exemption was to allow such a Subclass 457 visa holder to move between sponsors without needing to satisfy the increased English language proficiency requirements. After 14 September 2009, a Subclass 457 visa holder may move between sponsors without being granted a new Subclass 457 visa and therefore such a person does not need to satisfy English language proficiency requirements to move between sponsors.
7. Pursuant to section 18 of the Legislative Instruments Act 2003, consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The instrument IMMI 09/118 commences on 9 November 2009.