EXPLANATORY STATEMENT

Migration Regulations 1994

ENGLISH LANGUAGE TRAINING ARRANGEMENTS

(PARAGRAPHS 134.222C(2)(a), 139.226(b), 496.226(b), 863.226(b), 882.225(b), 6B34(a) and (b) and 6B103(g)(ii) and (iii) and SUBPARAGRAPHS 487.215(b)(i) and (c)(i), and 487.224(b)(i) and (c)(i))

1. This Instrument is made under various provisions of Schedule 2 and Schedule 6B to the Migration Regulations 1994 (“the Regulations”).
2. Subparagraphs 487.215(b)(i) and 487.224(b)(i) provide that an applicant for a Skilled – Regional Sponsored 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.
3. Subparagraphs 487.215(c)(i) and 487.224(c)(i) provide that an applicant for a Skilled – Regional Sponsored 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.

4. Subparagraph 6B34(a)(i) of Schedule 6B provides that an applicant for a Skilled – Regional Sponsored 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 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.

6. Subparagraph 6B103(g)(ii) provides for points for Partner Skills to be awarded where in addition to meeting other criteria, the spouse or de facto partner of the applicant who satisfied the primary criteria for the grant of a Skilled – Regional Sponsored 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.

7. Subparagraph 6B103(g)(iii) provides for points for Partner Skills to be awarded where, in addition to meeting other criteria, the spouse or de facto partner of the applicant who satisfied the primary criteria for the grant of a Skilled – Regional Sponsored 487 visa, has ‘concessional competent English’ and a sponsorship has been accepted from a person 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.

8.  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.

9. 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.

10. 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.

11. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not required as the amendment is of a minor and machinery nature.

12. This Instrument, IMMI 09/078, commences on 1 July 2009.

13. This Instrument, IMMI 09/78, applies in relation to an application for a visa made on or after 1 July 2009.