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

Link to law: https://www.comlaw.gov.au/Details/F2014L00327

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Commonwealth of Australia
 
Migration Regulations 1994
 
 
TESTS, SCORES, PERIOD, LEVEL OF SALARY AND EXEMPTIONS TO
THE ENGLISH LANGUAGE REQUIREMENT FOR
SUBCLASS 457 (TEMPORARY WORK (SKILLED)) VISAS
 
(Paragraphs 457.223(4)(eb) and 457.223(6)(a),
subparagraph 2.72(10)(g)(iv) and subclause 457.223(11))
 
I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under paragraphs 457.223(6)(a), 457.223(4)(eb) and subclause 457.223(11) of Schedule 2 to the Migration Regulations 1994, and subparagraph 2.72(10)(g)(iv) of  Part 2A to the Migration Regulations 1994 (‘the Regulations’):
 
1.                  REVOKE Instrument IMMI 13/099, signed on 25 July 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 subparagraph 457.223(4)(eb)(iv) of Schedule 2 to the Regulations, the following language tests:
 
(a)                International English Language Testing System (IELTS test); and
(b)                Occupational English Test (OET).
 
3.         SPECIFY for the purposes of subparagraph 457.223(4)(eb)(v) the following scores:
 
(a)                a score of at least “B” in each of the four components of an OET; or
(b)               an IELTS test score of at least 5.0 for each of the four test components of speaking,         reading, writing and listening.

4.         SPECIFY for the purposes of paragraph 457.223(4)(eb), the period of three years from the date of the visa application.
 
5.         SPECIFY for the purposes of subparagraph 2.72(10)(g)(iv), the period of three years from the date of nomination.
 
 
6.         SPECIFY for the purposes of paragraph 457.223(6)(a) of Schedule 2 to the Regulations, the base rate of pay is at least the level of salary worked out by the following:
 
The 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.                                                                    
                                                             
 
7.         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 are a citizen of, and who hold a valid passport issued by, the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland;
 
(b)                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;
 
(c)                applicants who are:
(i)     nominated in relation to an activity or occupation by a standard business sponsor approved under regulation 2.59 or 2.68 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;

(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.         
 
                
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; 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 14/009 commences on 22 March 2014 immediately after the commencement of the Migration Amendment (Redundant and Other Provisions) Regulation 2014.
 
 
Dated                          19 / 03 /                       2014
 
 
 
MICHAELIA CASH
 
 Assistant Minister for Immigration and Border Protection