Migration Regulations 1994 - Specification of States and Territories With English Language Training Arrangements - IMMI 07/054

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Legislation au F2007L02670 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

 STATES AND TERRITORIES WITH ENGLISH LANGUAGE TRAINING ARRANGEMENTS

(PARAGRAPHS 134.222C(2)(a), 139.226(b), 475.214(b)(i) and (c)(i), 487.215(b)(i) and (c)(i), 487.224(b)(i) and (c)(i), 496.226(b), 863.226(b), 882.225(b), ), 6B34(a) and (b) ANDand 6B101(f))

 

  1. This Instrument is made under regulation 1.17 and various provisions of Schedule 2 and Schedule 6B to the Migration Regulations 1994 (“the Regulations”).

2.                   Regulation 1.17 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.

3.2.            Subparagraphs 475.214(b)(i), 487.215(b)(i) and 487.224(b)(i) provide that an applicant for a Skilled – Regional Sponsored, subclass 475 or 487 visa can have ‘concessional competent English’ if nominated by a State or Territory specified in an instrument in writing as a State or Territory in which arrangements are established for suitable English language training and the applicant has paid the required fee or charge for that training.

4.3.            Subparagraphs 475.214(c)(i), 487.215(c)(i) and 487.224(c)(i) provide that an applicant for a Skilled – Regional Sponsored subclass 475 or 487 visa can have ‘concessional competent English’ if sponsored by an Australian relative who resides in a State or Territory specified in an instrument in writing as a State or Territory in which arrangements are established for suitable English language training and the applicant has paid the required fee or charge for that training.

45. Subparagraph 6B34(a)(i) of Schedule 6B provides that an applicant for a Skilled – Regional Sponsored, subclass 475 or 487 visa can be awarded points for having ‘concessional competent English’ if nominated by a State or Territory specified in an instrument in writing as a State or Territory in which arrangements are established for suitable English–language training and the applicant has paid the required fee or charge for that training.

 

5. Subparagraph 6B34(b)(i) provides that an applicant for a Skilled – Regional Sponsored subclass 475 or 487 visa can be awarded 15 points for having ‘concessional competent English’ if sponsored by an Australian relative who resides in a State or Territory specified in an instrument in writing as a State or Territory in which arrangements are established for suitable English language training and the applicant has paid the required fee or charge for that training.

69. Subparagraph 6B101(f)(ii) provides for points for Partner Skills to be awarded where in addition to meeting other criteria, the spouse or interdependent partner of the applicant who satisfied the primary criteria for the grant of a Skilled – Regional Sponsored, subclass 475 or 487 visa, has ‘concessional competent English’ and a nomination has been accepted from a State or Territory specified in this instrument in writing as a State or Territory in which arrangements are established for suitable English language training.

710. Subparagraph 6B101(f)(iii) provides for points for Partner Skills to be awarded where, in addition to meeting other criteria, the spouse or interdependent partner of the applicant who satisfied the primary criteria for the grant of a Skilled- Regional Sponsored, subclass 475 or 487 visa, has ‘concessional competent English’ and a sponsorship has been accepted from an Australian relative who resides in a State or Territory specified in an instrument in writing as a State or Territory in which arrangements are established for suitable English language training.

811.  Subparagraph 134.222C(2)(a) of Schedule 2 enables a State or Territory to be specified by instrument as a State or Territory in which arrangements are established for suitable English language training where an applicant is nominated by that State or Territory Government.

912. Paragraphs 139.226(b), 496.226(b), 863.226(b) and 882.225(b) of Schedule 2 to the Regulations enable a State or Territory to be specified by instrument as a State or Territory in which arrangements are established for suitable English language training where an applicant is sponsored by a relative living in that State or Territory.

103. The purpose of the instrument is to specify the States and Territories in which arrangements are established for suitable English-language training for certain GSM visa applicants.

114. This Instrument, IMMI 07/054, commences on 1 September 2007.

 

 

Overview

The Migration Regulations 1994, as amended by the instrument F2007L02670, aims to address the gap in English language competency requirements for certain skilled visa applicants. This instrument was enacted to provide a framework for recognising English language training undertaken in specified states and territories, thereby facilitating the visa application process for individuals who have completed such training. Made under the authority of the Migration Act 1958, the instrument was issued by the Minister for Immigration and Citizenship to specify which states and territories have suitable English language training arrangements. The policy objective is to streamline the process for skilled migrants to demonstrate their English language proficiency, thereby supporting their integration into the regional workforce and enhancing the overall effectiveness of the regional skilled migration program.

Scope and Application

The Migration Regulations 1994, specifically the instrument IMMI 07/054, applies to applicants for certain subclasses of skilled visas, such as the Skilled – Regional Sponsored subclass 475 and 487 visas, as well as other related subclasses including subclass 134, 496, 863, and 882. The Act focuses on the requirement for 'concessional competent English' for applicants who are either nominated by a State or Territory or sponsored by an Australian relative residing in a State or Territory with established English language training arrangements. This applies nationally, with the regulation identifying specific States and Territories that have the requisite training arrangements. The purpose of this instrument is to facilitate the awarding of points or eligibility for visa subclasses based on the applicant's completion of English language training in specified States or Territories. The Act excludes applicants who do not meet these specific sponsorship or nomination criteria or who have not completed the required English language training. The instrument provides for the Minister to specify additional States and Territories through subordinate instruments, thereby extending the scope of application.

Key Provisions

The key provisions of this instrument, made under regulation 1.17 and various provisions of Schedule 2 and Schedule 6B to the Migration Regulations 1994, focus on establishing certain states and territories as regions with established English language training arrangements. This is pertinent for applicants of Skilled – Regional Sponsored subclass 475 or 487 visas who seek 'concessional competent English' status. Specifically, subparagraphs 475.214(b)(i), 487.215(b)(i), and 487.224(b)(i) outline that applicants nominated by a state or territory with established English language training arrangements, who have paid the requisite fee or charge, may qualify for concessional competent English status. Similarly, subparagraphs 475.214(c)(i), 487.215(c)(i), and 487.224(c)(i) allow applicants sponsored by an Australian relative residing in such a state or territory, who have also paid the fee or charge, to qualify for the same status. The obligations imposed by the Act require states and territories to have established suitable English language training arrangements for applicants to benefit from concessional competent English status. This involves ensuring that there are adequate and recognized training programs in place, and that applicants can demonstrate their participation and payment of fees as necessary. Furthermore, subparagraphs 6B34(a)(i) and 6B34(b)(i) of Schedule 6B provide that applicants can be awarded points for having concessional competent English if they are nominated by a state or territory or sponsored by an Australian relative, respectively. Subparagraphs 6B101(f)(ii) and 6B101(f)(iii) of Schedule 6B also enable points for Partner Skills to be awarded under similar conditions. In terms of enforcement, the Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the stipulated requirements for concessional competent English status could potentially affect an applicant's eligibility for a visa, leading to the refusal of their visa application. The Act’s purpose is clearly to specify the states and territories with established English language training arrangements to facilitate the visa application process for eligible applicants.

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