Federal Register of Legislation - Australian Government

Primary content

IMMI 13/099 Specifications as made
This instrument specifies the level of salary an applicant for a Subclass 457 (Temporary Work (Skilled)) visa will be paid in order to be exempt from the English language proficiency requirement at paragraph 457.223(4)(eb) of Schedule 2 to the Migration Regulations 1994 and also specifies the classes of applicants who are exempt from the English language proficiency requirement.
Administered by: Immigration and Border Protection
Made 25 Jul 2013
Registered 30 Jul 2013
Tabled HR 12 Nov 2013
Tabled Senate 12 Nov 2013
Date of repeal 22 Mar 2014
Repealed by Migration Regulations 1994 - Tests, Scores, Period, Level of Salary and Exemptions to the English Language Requirement for Subclass 457 (Temporary Work (Skilled)) Visas - IMMI 14/009


Commonwealth of Australia

 

Migration Regulations 1994

 

 

LEVEL OF SALARY AND EXEMPTIONS TO THE ENGLISH LANGUAGE REQUIREMENT FOR SUBCLASS 457 (TEMPORARY WORK (SKILLED)) VISAS

 

(Paragraph 457.223(6)(a) and subclause 457.223(11))

 

 

I, TONY BURKE, Minister for Immigration, Multicultural Affairs and Citizenship, acting under paragraph 457.223(6)(a) and subclause 457.223(11) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):

 

1.                  REVOKE Instrument IMMI 13/029, signed on 28 June 2013, which specified the level of salary that is worked out in a way specified for paragraph 457.223(6)(a) of Schedule 2 to the Regulations, and specified a class of applicants for the meaning of exempt applicant under subclause 457.223(11) of Schedule 2 to the Regulations; AND

 

2.                  SPECIFY for the purposes of paragraph 457.223(6)(a) of Schedule 2 to the Regulations, the following way of working out the level of salary:

 

An annual salary, paid on a monthly, fortnightly or weekly basis, at a base rate of pay which is equal to or greater than the applicable base salary, where:

 

the base rate of pay is the person’s rate of pay payable to an employee for his or her ordinary hours of work, not including any of the following:

 

(a)        incentive-based payments and bonuses;

(b)        loadings;

(c)        monetary allowances;

(d)        overtime or penalty rates;

(e)        any other separately identifiable amounts; and

 

the applicable base salary is AUD 96,400 per annum.

 

Note: The definition of base rate of pay is based on the definition given in section 16 of the
Fair Work Act 2009.                                                                   


3.         SPECIFY for the purposes of the meaning of “exempt applicant” under subclause 457.223(11) of Schedule 2 to the Regulations, the following classes of applicants to be an exempt applicant:

 

(a)                applicants who:

(i)     are nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, licence or membership; and

(ii)   have completed at least 5 consecutive years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English;

 

(b)                applicants who are:

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

(ii)   nominated in relation to 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;

            (c)        applicants who have:

                        (i)   undertaken a language test specified by the Minister in an instrument in writing
                               for the purposes of paragraph 1.15B(1)(a) of the Regulations; and

                        (ii)  undertaken that language test after the day that the application that this                                           Instrument applies to was made; and

                        (iii) achieved the score specified in an instrument in writing for paragraph                                              1.15B(1)(c) of the Regulations;

 

            (d)       applicants who lodged the visa application that this Instrument applies to before
                        1 July  2013 and are:

                        (i)   the subject of an approved nomination and the application for approval of the                                 nomination 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

(ii) nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is in ANZSCO Major Groups 1, 2, 4,  5, 6, Sub-Major Group 31 or Unit Group 3993;

 

            (e)        applicants who lodged the visa application that this Instrument applies to before

                        1 July 2013 and are:
                        (i)   the subject of an approved nomination and the application for approval of the                                 nomination 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

   (ii)  nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is in the ASCO Major Groups 1 – 3, excluding Head Chef 3322-01 and Chef 3322-11, except where an applicant has been nominated for Head Chef or Chef and the visa application that this Instrument applies to was lodged before 14 April 2009.         

 

4.         For the purposes of Item (3) 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; and

(b)                in relation to higher education, “full-time study” means the completion of at least

                        three subjects in each semester or trimester of study; and

(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” means the Australian Standard Classification of Occupations, Second    Edition, published by the Australian Bureau of Statistics on 31 July 1997, as defined        at regulation 1.03 of the Regulations.

 

 

This Instrument number IMMI 13/099 commences on 1 August 2013.

 

 

Dated 25 July 2013

 

 

 

 

 

TONY BURKE

Minister for Immigration, Multicultural Affairs and Citizenship

Minister for the Arts