Commonwealth of Australia
 
Migration Regulations 1994
 
EXEMPTIONS TO THE ENGLISH LANGUAGE REQUIREMENT FOR THE
TEMPORARY BUSINESS (LONG STAY) VISA
 
(CLAUSE 457.223)
 
I, KEVIN ANDREWS, Minister for Immigration and Citizenship, acting under clause 457.223 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):
 
1.       SPECIFY as the level of salary for the purposes of paragraph 457.223(6)(a) of Schedule 2 to the Regulations, a gross salary of at least AUD 75 000 for a year; AUD 2 875.40 for a 76-hour fortnight; AUD 1 437.70 for a 38-hour week; whichever is appropriate at the point in time when the level of salary is being assessed. Where less than 38 hours is worked in any given week, the minimum level of payment for that week is for 38 hours. In assessing the level of salary, items listed in the Schedule to this Instrument are excluded; AND
 
2.       SPECIFY as exempt applicants for subclause 457.223(11) of Schedule 2 to the Regulations, 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, licence or membership, and his or her first language is English 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, licence 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;
 
(c)                applicants who 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 he or she has completed at least five consecutive years of full-time study in a secondary and/or tertiary education institution where at least 80 per cent of the instruction was delivered in English; OR
 
(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.
 
 
 
For the purposes of this Instrument:
 
In relation to secondary education, “full-time study” means the standard number of contact hours that a student would undertake in the relevant country.
 
In relation to tertiary education, “full-time study” means the completion of at least three subjects in each semester or trimester of study.
 
 
This Instrument, IMMI 07/044, commences on 1 July 2007.
 
 
 
Dated   28 June 2007
 
 
 
 
 
 
KEVIN ANDREWS
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.
NOTE 3:                 Regulations 1.20D and 1.20DA provide that the Minister must approve an application for approval as a standard business sponsor where certain criteria are met.]
                                                                                                               
 
 
 
SCHEDULE
Items excluded when assessing the level of salary under
paragraph 457.223(6)(a) of the Regulations
 
—    Salary packaged items;
·        Accommodation or rental assistance, board, upkeep, meals or entertainment; or
·        Incentives, bonuses or commissions;
·        Shares or bonus shares;
·        Travel, holidays, health care/insurance;
·        Vehicles or vehicle allowances;
·        Communications packages;
·        Living-Away-from-Home-Allowance;
·        Superannuation contributions (either voluntary employee or compulsory employer contributions);
·        Overtime payments for work performed above 38 hours in a week;
·        Penalty payments, unless forming part of an ongoing shift arrangement based on a 38 hour week;
·        Leave loading payments;
·        Any allowances paid relating to the employment (such as tool allowance, casual employment allowances etcetera); and
·        Any other non-salary benefits or salary deductions not included in the above.