Commonwealth of Australia

Tests, Scores, Period, Level of Salary and Exemptions to the English Language Requirement for Subclass 457 (Temporary Work (Skilled)) Visas 2015

made under Subparagraph 2.72(10)(g)(iv), paragraphs 457.223(4)(eb) and 457.223(6)(a), and subclause 457.223(11)

Migration Regulations 1994

Compilation No. 1

Compilation date:   19 April 2016

Include amendments up to:  Tests, Scores, Period, Level of Salary and Exemptions to Meet English Language Requirement for Subclass 457 (Temporary Work (Skilled)) Visas Amendment Instrument 2016/026

Prepared by the Department of Immigration and Border Protection

About this compilation

This compilation

This is a compilation of the Tests, Scores, Period, Level of Salary and Exemptions to the English Language Requirements for Subclass 457 (Temporary Work (Skilled)) Visas 2015 that shows the test of the law as amended and in force on 19 April 2016 (the compilation date).

This compilation was prepared on 19 April 2016

The notes at the end of this compilation (the endnotes) include information about amending law and the amendment history of provision of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1. REVOKE Instrument number  IMMI 14/009 (F2014L00327), signed on 19 March 2014, specifying the tests, scores, period, level of salary and exemptions to the English Language requirement for Subclass 457 (Temporary Work (Skilled)) visas; and
2. SPECIFY for the purposes of subparagraph 457.223(4)(eb)(iv), the following language tests:

(a)                International English Language Testing System (IELTS test);

(b)               Occupational English Test (OET);

(c)                Test of English as a Foreign Language internet-based test (TOEFL iBT);

(d)               Pearson Test of English Academic (PTE);

(e)                Cambridge English: Advanced test (CAE), where the test was completed on, or after 1 January 2015.

3.                   SPECIFY for the purposes of subparagraph 457.223(4)(eb)(v), the following scores:

4.                   SPECIFY the period of three years from the date of the visa application, for the purposes of paragraph 457.223(4)(eb).

5.                   SPECIFY the period of three years from the date of nomination, for the purposes of subparagraph 2.72(10)(g)(iv).

6.                   SPECIFY for the purposes of paragraph 457.223(6)(a), that the base rate of pay (expressed as an annual salary) is at least the level of salary, where:

(a)                the base rate of pay has the same meaning as in subregulation 2.57(1) of the Regulations; and

(b)               the level of salary is AUD 96,400.

7.                   SPECIFY the following classes of Subclass 457 visa applicants to be an exempt applicant under subclause 457.223(11) of Schedule 2 of the Regulations:

(a)                an applicant who is a citizen of, and who holds a valid passport issued by:

(i)                 the United Kingdom;

(ii)              the United States of America;

(iii)            Canada;  

(iv)            New Zealand; or

(v)               the Republic of Ireland; or

(b)               an applicant who:

(i)                 has completed a minimum of five years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English.

(c)                an applicant who is:

(i)                 nominated in relation to an activity or occupation by a standard business sponsor approved under regulations 2.59 or 2.68 of the Regulations; and

(ii)              nominated in relation to an activity or occupation that will be performed at a diplomatic or consular mission of another country or an Office of the Authorities of Taiwan located in Australia; or

(ca) an applicant who:

(i)                     is nominated in an occupation that requires:

1. registration, licensing or membership; and
2. the applicant to demonstrate a level of English language competency for grant of the registration, licence or membership and that level of English language competency is:

(I) equivalent to, or better than, the level of English language proficiency that is required to achieve a score specified in paragraph 3 of this instrument in one of the tests specified in paragraph 2 of this instrument; and

(ii)              has been granted the registration, licence or membership specified in paragraph (ca)(i) of this instrument.

(d)               an applicant who lodged his or her most recent Subclass 457 visa application before 1 July 2013 and:

(i)                  is the subject of an approved nomination; and

(ii)               the application for approval of the approved nomination in subparagraph (i) was made on or after 1 July 2010, in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and

(iii)             is nominated in the application for approval of nomination in an occupation that is in:

1. ANZSCO Major Group 1;
2. ANZSCO Major Group 2;
3. ANZSCO Major Group 4;
4. ANZSCO Major Group 5;
5. ANZSCO Major Group 6;
6. Sub-Major Group 31; or
7. Unit Group 3993; or

(e)                an applicant who lodged his or her most recent Subclass 457 visa application before 1 July 2013 and:

(i)                  is the subject of an approved nomination; and

(ii)               the application for approval of the approved nomination in subparagraph (i) was made before 1 July 2010 in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and

1. for an applicant whose most recent Subclass 457 visa application was lodged before 14 April 2009 – the Subclass 457 visa applicant is nominated in the application for approval of the approved nomination in subparagraph (i) in an occupation that is in:
   1. ASCO Major Group 1;
   2. ASCO Major Group 2; or
   3. ASCO Major Group 3; or
2. for an applicant whose most recent Subclass 457  visa application was lodged on or after 14 April 2009 and before 1 July 2013 – the Subclass 457 visa applicant is nominated in the application for approval of the approved nomination in subparagraph (i) in an occupation, other than Head Chef 3322‑01 or Chef 3322‑11, that is in:
   1. ASCO Major Group 1;
   2. ASCO Major Group 2; or
   3. ASCO Major Group 3.

8. For the purposes of Item (7) of this Instrument:

(a)                in relation to secondary education, full-time study means the standard number of contact hours that a student would undertake in the relevant country;

(b)               in relation to higher education, full-time study means the completion of at least three subjects in each semester or trimester of study;

(c)                for the purposes of regulation 1.03 of the Regulations ANZSCO means the Australian and New Zealand Standard Classification of Occupations as published by the Australian Bureau of Statistics; and

(d)               ASCO is defined at regulation 1.03 of the Regulations.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Provision affected  How affected

Para 7(b)   rs F2016L00537

Para 7(ac)   ad F2016L00537