Overview

The Explanatory Statement outlines the legislative changes introduced through the Migration Regulations 1994, specifically relating to English language training arrangements for certain visa applicants. The regulation was enacted to address the need for specifying States and Territories where suitable English language training arrangements are established, facilitating the awarding of points for concessional competent English to applicants of the Skilled – Regional Sponsored (Subclass 487) visa. The instrument also removes the requirement for applicants to have enrolled in an English language test at the time of application, simplifying the application process for eligible individuals. This legislative update was made under various provisions of Schedule 2 and Schedule 6B of the Migration Regulations 1994 and came into effect on 1 January 2010. The changes were enacted by the relevant legislature without the need for consultation, as they were deemed minor and of a machinery nature under section 18 of the Legislative Instruments Act 2003.

Scope and Application

The explanatory statement details the provisions of the Migration Regulations 1994 that pertain to English language training arrangements for applicants seeking the Skilled – Regional Sponsored (Subclass 487) visa. It applies to applicants who have completed suitable English language training in specified States or Territories, thereby qualifying them to receive points towards their visa application. These applicants must have paid the requisite fee for the training, and the training must be provided in a State or Territory specified in the instrument as having established arrangements for such training. The legislation specifies that the English language training arrangements are intended for applicants who are either nominated by a State or Territory Government or are sponsored by a relative residing in a State or Territory with established training arrangements. It also applies to spouses or de facto partners of applicants who have satisfied the primary criteria for a Skilled – Regional Sponsored 487 visa and have completed the required English language training. The instrument comes into effect on 1 January 2010 and is made under various provisions of Schedule 2 and Schedule 6B to the Migration Regulations 1994. Furthermore, the statement notes that consultation was not required for this amendment as it was deemed minor and of a machinery nature.

Key Provisions

The key provisions of this legislation pertain to the awarding of points to applicants for the Skilled – Regional Sponsored 487 visa, based on their English language competency and their connection to specific States or Territories in Australia. Specifically, applicants can be awarded points if they have completed English language training in a State or Territory specified by an instrument under the Regulations (see subparagraph 6B34(a)(i) and (b)(i) of Schedule 6B). Additionally, points can be awarded to the spouse or de facto partner of a primary applicant who has met the criteria for a Skilled – Regional Sponsored 487 visa, provided they have also completed English language training in a specified State or Territory (see subparagraphs 6B103(g)(ii) and (iii) of Schedule 6B). Furthermore, applicants can be awarded points if they are nominated by a State or Territory Government or sponsored by a relative residing in a State or Territory specified in an instrument (see subparagraphs 134.222C(2)(a), 139.226(b), 496.226(b), 863.226(b) and 882.225(b) of Schedule 2). This arrangement also removes the requirement for applicants to have enrolled in an English language test at the time of application. The legislation imposes specific obligations on the parties involved. For instance, applicants for the Skilled – Regional Sponsored 487 visa must have completed suitable English language training in a specified State or Territory, as per the instrument, to be eligible for the points awarded. Additionally, the State or Territory Government must ensure that the necessary English language training arrangements are in place and effectively managed. Sponsors or nominators also have the responsibility of ensuring that the applicant meets the English language training requirements. Failure to comply with these obligations could result in the applicant not receiving the points, which could potentially affect their visa application. There are no specific offences, penalties, or civil/criminal consequences outlined in the Explanatory Statement for breaching the provisions of this legislation. However, it is implied that failure to comply with the requirements could have adverse effects on the visa application process. The consequences of non-compliance would primarily manifest in the inability to claim the points for concessional competent English, which could impact the overall assessment of the visa application. It is important for all parties involved to adhere to the stipulated requirements to ensure a smooth and successful application process.