Overview

The Migration Regulations 1994, as amended by the legislative instrument IMMI 09/078, address the need to specify the States and Territories in which suitable English language training arrangements are established for certain applicants of the Skilled – Regional Sponsored 487 visa. This legislative instrument was introduced to clarify and streamline the process for applicants seeking to demonstrate their English language proficiency through recognised training arrangements. The policy objective is to facilitate the regional migration scheme by ensuring that applicants can easily meet the English language requirements through approved training programs in designated areas. Enacted under the authority of the Legislative Instruments Act 2003, this instrument took effect on 1 July 2009, applying to visa applications made on or after this date. This legislative measure ensures that applicants for the Skilled – Regional Sponsored 487 visa can effectively demonstrate their English language competence through training in specified regions, thereby supporting the broader goals of the regional migration program.

Scope and Application

The Migration Regulations 1994, as amended by this instrument, apply to applicants for a Skilled – Regional Sponsored 487 visa and their spouses or de facto partners, who must satisfy certain English language competency requirements to be eligible for nomination by a State or Territory or sponsorship by an Australian relative. These requirements are specified in various subsections of the Regulations, including 487.215(b)(i), 487.224(b)(i), 6B34(a)(i), 6B34(b)(i), 6B103(g)(ii), and 6B103(g)(iii). The instrument further specifies that the English language competency must be acquired through arrangements established in States or Territories nominated by the relevant Government or where the applicant's relative resides. This legislative instrument specifies the States and Territories that meet the criteria for English language training arrangements and applies to applications made on or after 1 July 2009. It operates within the jurisdiction of the Commonwealth of Australia and may be subject to further definition or clarification through subordinate instruments.

Key Provisions

The primary sections of the Migration Regulations 1994 focus on enabling certain applicants for a Skilled – Regional Sponsored 487 visa to be recognised as having 'concessional competent English' under specific conditions. These conditions are primarily set out in subparagraphs 487.215(b)(i), 487.215(c)(i), 487.224(b)(i), and 487.224(c)(i). For applicants to qualify for concessional competent English, they must be nominated by a State or Territory government, or sponsored by an Australian relative residing in a State or Territory, where an instrument in writing specifies that suitable English language training arrangements are established in that State or Territory. Additionally, the applicant must have paid the required fee or charge for the English language training. Under subparagraph 6B34(a)(i), applicants can be awarded points for having concessional competent English if nominated by a State or Territory government, and under subparagraph 6B34(b)(i), applicants can be awarded 15 points if sponsored by an Australian relative residing in such a specified State or Territory. Furthermore, subparagraph 6B103(g)(ii) and (iii) provide for points for Partner Skills, contingent on the spouse or de facto partner of the applicant having concessional competent English, among other criteria. The obligations imposed by this legislation on the parties involved are primarily administrative and financial. For applicants, the key obligations include ensuring that they are nominated by a State or Territory government, or sponsored by an Australian relative residing in a specified State or Territory, and paying the required fee or charge for suitable English language training. State or Territory governments and relatives who sponsor applicants must ensure that the applicants meet the criteria for concessional competent English. The relevant authorities must also maintain records of the training arrangements and ensure compliance with the specified conditions. These obligations are designed to streamline the visa application process and ensure that applicants meet the necessary English language requirements. In terms of legal consequences, breaches of the provisions outlined in the Migration Regulations 1994 may result in various penalties and consequences. While specific penalties are not detailed in the explanatory statement, breaches of migration regulations generally can lead to civil and criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties such as imprisonment. Additionally, applicants who fail to meet the English language requirements may be refused a visa or have their visa application processed more slowly. The exact penalties depend on the nature and severity of the breach, and they are determined by the relevant migration laws and regulations.