EXPLANATORY STATEMENT

Migration Regulations 1994

STATES AND TERRITORIES WITH ENGLISH LANGUAGE TRAINING ARRANGEMENTS

(REGULATIONS 134.222C(2)(a), 139.226(b), 496.226(b), 863.226(b) AND 882.225(b))

1. This Instrument is made under regulation 1.17 and various provisions of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’).

2.                  Section 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

3.                  Subparagraphs 134.222C(2)(a), 139.226(b), 496.226(b), 863.226(b) and 882.225(b) of Schedule 2 to the Regulations provide that to be eligible for the grant of these General Skilled Migration (GSM) visas the applicant is not required to have vocational English if:

• the applicant’s sponsor lives in a State or Territory specified by the Minister in a Gazette Notice as a State or Territory with suitable English language training arrangements;
• the applicant has paid any fee or charge for that training; and
• the applicant has a minimum level of English language skills.

4.                  The purpose of the Instrument is to specify the States and Territories with suitable English language training arrangements for the purposes of certain GSM visa subclasses, including the Skilled – Designated Area-sponsored (Provisional)(Class UZ) visa, introduced on 1 July 2006.

5.                  The Instrument operates to specify New South Wales, South Australia, Tasmania, Victoria, the Australian Capital Territory and the Northern Territory as States or Territories with suitable English language training arrangements.

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.

8. The Instrument, IMMI 06/048, commences on 1 July 2006.