Advanced Search

Migration Regulations 1994 - Specification of Exemptions to the English Language Requirement for the Temporary Business (Long Stay) Visa - IMMI 09/067

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Commonwealth of Australia
 
Migration Regulations 1994
 
 
EXEMPTIONS TO THE ENGLISH LANGUAGE REQUIREMENT FOR THE
TEMPORARY BUSINESS (LONG STAY) VISA
(SCHEDULE 2, PARAGRAPH 457.223(6)(a) AND SUBCLAUSE 457.223(11))
 
 
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under clause 457.223 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):
 
1.      REVOKE Instrument number IMMI 09/057, which specified the level of salary for paragraph 457.223(6)(a) and exempt applicants for subclause 457.223(11)  and was signed on 27 May 2009 and commenced on  2 June 2009; AND
 
2.      SPECIFY for the purposes of paragraph 457.223(6)(a) of Schedule 2 to the Regulations, a level of salary worked out using the following method and paid on a monthly, fortnightly or weekly basis:
 
         (1)           If the Subclass 457 Business (Long Stay) visa applicant will work, on average, more than 38 hours per week in a period, the person’s level of salary for that period is:
where:
ABS is the person’s applicable base salary.
HW is the number of hours worked by the person in the period.
Note   The denominator 1982.745 represents the number of working hours in an average year, based on a 38 hour working week and taking into account leap years.
         (2)           If subitem (1) does not apply to the Subclass 457 Business (Long Stay) visa applicant, the person’s level of salary for that period is:
where:
ABS is the person’s applicable base salary.
W is the number of weeks in the period.
Note    The denominator 52.1775 represents the number of weeks in an average year, taking into account leap years.
 
3.    For item 2 the applicable base salary is AUD 81,040.
 
4.     For the purpose of item 2, the level of salary:
                (a)    includes the person’s base salary before tax, separate from any allowances, bonuses, packaged items (other than those mentioned in (b) (ii)) and the like; and
               (b)    excludes any deductions from that amount except:
                          (i)       Pay As You Go (PAYG) taxation; and
                         (ii)       any amount that would be 100% tax deductible (for the person) or otherwise exempt from Fringe Benefits Tax (FBT)P.
 
Note 1    Deductions excluded by paragraph (b) may be made from amounts not included in paragraph (a).
Note 2   Businesses should seek their own professional advice on whether an item is 100% tax deductible or otherwise exempt from FBT. Further information is available from the Australian Taxation Office website: TUwww.ato.gov.auUT
 
 
5.  For subclause 457.223(11) of Schedule 2 to the Regulations, I SPECIFY as exempt applicants, the following classes of applicants:
(a) applicants who 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 he or she is a passport holder of any of the following countries:
(i)                  Canada;
(ii)                New Zealand;
(iii)               the Republic of Ireland;
(iv)              the United Kingdom; or
(v)                the United States of America;
 
(b) applicants who 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 he or she is nominated in relation to this application for an approved position that is in the Australian Standard Classification of Occupations (“ASCO Second Edition”) Major Groups 1 – 3, excluding 3322-01 Head Chef and 3322-11 Chef, except where an applicant has been nominated for Head Chef or Chef and has lodged an application before 14 April 2009;
 
(c) applicants who 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 he or she has completed at least five consecutive years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English;
 
(d) applicants who are nominated in relation to an activity by a standard business sponsor approved under regulation 1.20D or 1.20DA of the Regulations and the activity will be performed at a diplomatic or consular mission of another country or an office of the authorities of Taiwan located in Australia; AND
 (e) 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) were either:
(A) the holder of a Subclass 457 Business (Long Stay) visa on 14 April 2009; or
(B) had applied for a Class UC visa on Form 1066 before 14 April 2009 and a subclass 457 Business (Long Stay) visa was granted in relation to that application on or after 14 April 2009; and
 
(iii) have applied for a subsequent Subclass 457 Business (Long Stay) visa; and
 
(iv) at the time the subsequent visa is decided, there remains at least 3 months and 1 day before the “end date” of the relevant visa mentioned in (ii); and
 
(v) the “end date” sought for the subsequent visa is not after the “end date” of the relevant visa mentioned in (ii).
 
 
6.         FOR THE PURPOSES 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;
 
(b)   in relation to tertiary education, “full-time study” means the completion of at least three subjects in each semester or trimester of study;
 
(c)    “end date” means the last day of the period of stay applying to the visa at the time of grant.
 
 
7.         This Instrument, IMMI 09/067, commences on 1 July 2009.
 
 
 
 
Dated  16 June 2009     
 
 
 
 
CHRIS EVANS
Minister for Immigration and Citizenship
 
 
 
 
[NOTE 1:    Paragraph 457.223(6)(a) applies to an applicant for a Subclass 457 visa who will be paid, in connection with the activity 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 this paragraph.
NOTE 2:      Subclause 457.223(11) provides that in subclauses 457.223(4) and (5), exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for this subclause.]