Commonwealth of Australia
 
Migration Regulations 1994
 
 
0BLEVEL OF SALARY AND EXEMPTIONS TO THE ENGLISH LANGUAGE REQUIREMENT FOR SUBCLASS 457 (BUSINESS (LONG STAY)) VISAS
 
(PARAGRAPH 457.223(6)(a) AND SUBCLAUSE 457.223(11))
 
 
I, CHRIS BOWEN, Minister for Immigration 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 number IMMI 10/086, signed on 18 January 2011, 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, but 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 88,410 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 are:
(i)     nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership, and
(ii)   the holder of a passport of any of the following countries:
 
(A) Canada;
(B)  New Zealand;
(C)  the Republic of Ireland;
(D) the United Kingdom; or
(E)  the United States of America;
 
(b)   applicants who 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 has lodged a visa application before 14 April 2009;
 
(c)    applicants who 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;
 
(d)   applicants who:
(i)     are nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, license 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;
 
(e)    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.
 
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 tertiary education, “full-time study” means the completion of at least
                        three subjects in each semester or trimester of study.
 
5.         In this Instrument:
 
·                     ANZSCO means, under regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010.  This is the ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) and is available online at HUhttp://www.abs.gov.auUH.
 
·                     ASCO means, under regulation 1.03 of the Regulations, the Australian Standard Classification of Occupations, published by the Australian Bureau of Statistics on 31 July 1997.  This is the ASCO - Second Edition (ABS Catalogue No. 1220.0) and is available online at HUhttp://www.abs.gov.auUH.
 
·                     nec means “not elsewhere classified”.
 
 
This Instrument, number IMMI 11/042, commences on 1 July 2011.
 
 
 
Dated 6 June 2011
 
 
 
 
CHRIS BOWEN
 
Minister for Immigration and Citizenship
 
 
 
 
[NOTE 1:     Paragraph 457.223(6)(a) applies to an applicant for a Subclass 457 (Business (Long Stay)) visa if the applicant will be paid, in connection with the occupation nominated in relation to the applicant, a level of salary that is at least the level of salary worked out in a way specified by the Minister in an instrument in writing for the paragraph.  
NOTE 2:       Subclause 457.223(11) provides that in subclause 457.223(4), exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for the subclause.
NOTE 3:       Definition of ANZSCO Major Group level (1 digit) is the broadest level of ANZSCO. A combination of skill level and skill specialisation was used to design the major groups.
NOTE 4:       Definition of ANZSCO Sub-Major Group level (2 digits). Each sub-major group is distinguished from others in the major group on the basis of skill level and a broad application of skill specialisation .
NOTE 5:       Definition of ANZSCO Unit Group level (4 digits). Each unit group is distinguished from others in the minor group on the basis of a finer application of skill specialisation and, where necessary, skill.]