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, KEVIN ANDREWS, 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 07/044 signed on 28 June 2007, which specified the level of salary for paragraph 457.223(6)(a) and exempt applicants for subclause 457.223(11) and commenced on 1 July 2007; AND
 
2.       SPECIFY for the purposes of paragraph 457.223(6)(a) of Schedule 2 to the Regulations, a level of salary calculated in the following manner and paid on a weekly, fortnightly or monthly basis:
 
(A) where the subclass 457 visa works 38 hours or less per week in a given period:
 
level of salary = applicable base salary x 6 x number of weeks in the given period
                                                                        313
 
(B) where a subclass 457 visa holder works more than 38 hours per week in a given period:
 
level of salary = applicable base salary x 6 x number of hours worked in the given period
                                                                  (313 x 38)
 
Where:
 
(a)      The applicable base salary is AUD 75,000.
 
(b)      The amount of salary paid to a person in a given period:
(i)              includes the person’s base salary before tax separate from any allowances, bonuses, packaged items and the like only; and
(ii)            excludes any deductions from that amount except:
(A)       Pay As You Go (PAYG) taxation; and
(B)        any amount that would be 100% tax deductible or otherwise exempt from Fringe         Benefits Tax (FBT).
 
NOTE: Deductions mentioned in (B) may be made from amounts not covered by (A).
 
3.       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, license 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, 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;
 
(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 tertiary education institution where at least 80 per cent of 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; OR
 
(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 the holder of a Subclass 457 Business (Long Stay) visa on 1 July 2007; and
(iii) have applied for a second Subclass 457 Business (Long Stay) visa; and
(iv) at the time of grant of the second visa, there remains at least 3 months and 1 day before the “end date” of the visa mentioned in (ii); and
(v)  the end date sought for the second visa is not after the end date allowed on the visa mentioned in (ii) – “end date” means the last day of the period of stay.   
 
4.   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.
 
This Instrument, IMMI 07/069, commences on 10 September 2007.
 
 
Dated   7 September 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.]