{"id":"F2019L01404","name":"Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019","slug":"migration-lin-19-216-exemptions-from-skill-age-and-english-language-requirements-for-subclass-186-18","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100235,"registerId":"commonwealth-F2019L01404-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1 Preliminary","sectionType":"division","heading":"Part 1 Preliminary","content":"### Part 1 Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019.\n  (2) This instrument may be cited as LIN 19/216.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n    (a) paragraph 186.221(b) of Schedule 2;\n    (b) paragraph 186.231(b) of Schedule 2;\n    (c) subclause 186.234(3) of Schedule 2;\n    (d) paragraph 187.221(b) of Schedule 2;\n    (e) paragraph 187.222(b) of Schedule 2;\n    (f) subclause 494.223(2) of Schedule 2;\n    (g) subclause 494.224(7) of Schedule 2;\n    (h) subclause 494.225(2) of Schedule 2.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n    (b) designated regional area;\n    (c) earnings;\n  In this instrument:\n\n> academic applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the nomination to which the visa application relates was made by an Australian university;\n    (b) the nominated position to which the visa application relates is for an academic classified as Level A, B, C, D or E;\n    (c) the nominated occupation to which the visa application relates, and its corresponding 6-digit code, correspond to an occupation and its corresponding 6-digit ANZSCO code specified in an item of the following table.\n\n> Act means the Migration Act 1958.\n\n> ANZSCO means:\n\n    (a) in relation to an application for a Subclass 186 (Employer Nomination Scheme) visa—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022;\n    (b) in relation to an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa —the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:91.7%; margin-left:35.45pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Exempt occupations</span></p></td></tr><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Item</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Column 1</span></p><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Occupation</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Column 2</span></p><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">6</span><span style=\"font-family:'Times New Roman', serif\">‑</span><span style=\"font-family:'Times New Roman', serif\">digit ANZSCO code</span></p></td></tr></thead><tbody><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">1</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">faculty head</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">134411</span></p></td></tr><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">2</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">university lecturer</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">242111</span></p></td></tr></tbody></table>\n```\n\n> high income threshold has the meaning given by section 333 of the Fair Work Act 2009.\n\n> legacy 457 worker, for a Subclass 186 (Employer Nomination Scheme) visa application, means a person who:\n\n    (a) held a Subclass 457 (Temporary Work (Skilled)) visa on or after 18 April 2017;\n    (b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and\n    (c) applied for the Subclass 186 (Employer Nomination Scheme) visa on or before 30 June 2024.\n\n> medical practitioner means an occupation that:\n\n    (a) is listed in ANZSCO; and\n    (b) has ANZSCO occupation minor group code 253 (medical practitioners).\n\n> nominated occupation, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—the occupation that relates to the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the occupation nominated by the nomination to which the visa application relates.\n\n> nominated position, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the position that relates to the nominated occupation that relates to the visa application.\n\n> nomination, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—an application under regulation 5.19 of the Regulations for approval of the nomination of the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the nomination under paragraph 140GB(1)(b) of the Act identified in the visa application.\n\n> regional medical practitioner applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the nominated position to which the visa application relates is located in a designated regional area;\n    (b) during the 3 years ending immediately before the day the visa application was made the person spent at least 2 years (whether made up of a continuous period or 2 or more non‑consecutive periods) employed, as a medical practitioner, at a place or places that, at the time, were located in a designated regional area;\n    (c) during the 3 years immediately before the day the visa application was made, the person held one or more of the following visas for a total period of at least 2 years:\n    (i) a Subclass 457 (Temporary Work (Skilled)) visa;\n    (ii) a Subclass 482 (Temporary Skill Shortage) visa;\n    (iii) a Subclass 482 (Skills in Demand) visa; or\n    (iv) if the last substantive visa held by the applicant was a visa mentioned in paragraph (i), (ii) or (iii)—a bridging visa granted on the basis that the person was an applicant for a visa mentioned in paragraph (i), (ii) or (iii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa.\n\n> Regulations means the Migration Regulations 1994.\n\n> science applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the person is any of the following relating to science:\n    (i) researcher;\n    (ii) scientist;\n    (iii) technical specialist;\n    (b) the nomination to which the visa application relates was made by a science organisation;\n    (c) the ANZSCO skill level of the nominated occupation to which the visa application relates is level one or two.\n\n> science organisation means:\n\n    (a) a science agency of the Commonwealth or of a State or Territory; or\n    (b) an Australian university.\n\n> Subclass 444/461 worker, in relation to an application for a visa, means a person in relation to whom both of the following paragraphs apply:\n\n    (a) during the 3 years ending immediately before the day the visa application was made, the person spent at least 2 years (whether made up of a continuous period or 2 or more non-consecutive periods) working:\n    (i) for the employer who made the nomination to which the visa application relates; and\n    (ii) in the nominated occupation to which the visa application relates;\n    (b) at almost all times during those 3 years, the person held:\n    (i) a Subclass 444 (Special Category) visa; or\n    (ii) a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa.\n\n> Subclass 457/482 worker, in relation to an application for a visa, means a person in relation to whom the following applies:\n\n    (a) during the 3 years ending immediately before the day the visa application was made, the person was employed for a total period of at least 2 years in one or more positions related to a nomination approved under section 140GB of the Act; and\n    (b) for each of those 2 years, the person’s earnings for the year were equal to or greater than the high income threshold (as applying at the end of the year); and\n    (c) during the 3 years immediately before the day the visa application was made, the person held one or more of the following for a total period of at least 2 years:\n    (i) a Subclass 457 (Temporary Work (Skilled)) visa;\n    (ii) a Subclass 482 (Temporary Skill Shortage) visa;\n    (iii) a Subclass 482 (Skills in Demand) visa; or\n    (iv) if the last substantive visa held by the applicant was a visa mentioned in paragraph (i), (ii) or (iii)—a bridging visa granted on the basis that the person was an applicant for a visa mentioned in paragraph (i), (ii) or (iii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa.\n\n> transitional 457 worker under 50, in relation to an application for a visa (the new visa), means a person who:\n\n    (a) on 18 April 2017:\n    (i) held a Subclass 457 (Temporary Work (Skilled)) visa; or\n    (ii) was an applicant for a Subclass 457 (Temporary Work (Skilled)) visa that was subsequently granted; and\n    (b) on the day the application for the new visa was made, had not turned 50.\n\n> working: a person is not working for an employer at a time if the person is on unpaid leave at that time.\n\n  \n\n### Part 2 Exemptions from skill, age and English language requirements\n\n#### 6 Subclass 186 visas\n\n  Temporary Residence Transition stream—exemption from age requirement\n  (1) For the purposes of paragraph 186.221(b) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (aa) legacy 457 workers;\n    (b) regional medical practitioner applicants;\n    (c) science applicants;\n    (d) Subclass 457/482 workers;\n    (e) transitional 457 workers under 50.\n  Direct Entry stream—exemption from age and skills requirements\n  (2) For the purposes of paragraph 186.231(b) and subclause 186.234(3) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (b) science applicants;\n    (c) Subclass 444/461 workers.\n\n#### 7 Subclass 187 visas—Temporary Residence Transition stream\n\n  Exemption from age requirement\n  (1) For the purposes of paragraph 187.221(b) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (b) regional medical practitioner applicants;\n    (c) science applicants;\n    (d) Subclass 457/482 workers;\n    (e) transitional 457 workers under 50.\n  Exemption from English language requirement\n  (2) For the purposes of paragraph 187.222(b) of Schedule 2 to the Regulations, a class of persons is specified in relation to an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa if, on the day the visa application was made, the persons had completed at least 5 years of full-time study in a secondary or higher education institution where all tuition was delivered in English.\n\n#### 8 Subclass 494 visas—Employer Sponsored stream\n\n  Exemption from age requirement\n  (1) For the purposes of subclause 494.223(2) of Schedule 2 to the Regulations, applicants are not required to have been under 45 for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in any of the following circumstances:\n    (a) the applicants are academic applicants;\n    (b) the applicants are regional medical practitioner applicants;\n    (c) the applicants are science applicants;\n    (d) the applicants are Subclass 444/461 workers;\n    (e) the applicants are Subclass 457/482 workers.\n  Exemption from skills and employment history requirements\n  (2) For the purposes of subclause 494.224(7) of Schedule 2 to the Regulations, the requirements of subclauses 494.224(2) to (5) of that Schedule are not required to have been met for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in either of the following circumstances:\n    (a) the applicants are academic applicants;\n    (b) the applicants are Subclass 444/461 workers.\n  (3) For the purposes of subclause 494.225(2) of Schedule 2 to the Regulations, applicants are not required to have been employed as mentioned in paragraph 494.225(1)(a) of that Schedule for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in either of the following circumstances:\n    (a) the applicant is an academic applicant;\n    (b) the applicant is a Subclass 444/461 worker.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  (1) This instrument is the Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019.\n  (2) This instrument may be cited as LIN 19/216.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n    (a) paragraph 186.221(b) of Schedule 2;\n    (b) paragraph 186.231(b) of Schedule 2;\n    (c) subclause 186.234(3) of Schedule 2;\n    (d) paragraph 187.221(b) of Schedule 2;\n    (e) paragraph 187.222(b) of Schedule 2;\n    (f) subclause 494.223(2) of Schedule 2;\n    (g) subclause 494.224(7) of Schedule 2;\n    (h) subclause 494.225(2) of Schedule 2.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n    (b) designated regional area;\n    (c) earnings;\n  In this instrument:\n\n> academic applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the nomination to which the visa application relates was made by an Australian university;\n    (b) the nominated position to which the visa application relates is for an academic classified as Level A, B, C, D or E;\n    (c) the nominated occupation to which the visa application relates, and its corresponding 6-digit code, correspond to an occupation and its corresponding 6-digit ANZSCO code specified in an item of the following table.\n\n> Act means the Migration Act 1958.\n\n> ANZSCO means:\n\n    (a) in relation to an application for a Subclass 186 (Employer Nomination Scheme) visa—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022;\n    (b) in relation to an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa —the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:91.7%; margin-left:35.45pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Exempt occupations</span></p></td></tr><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Item</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Column 1</span></p><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Occupation</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Column 2</span></p><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">6</span><span style=\"font-family:'Times New Roman', serif\">‑</span><span style=\"font-family:'Times New Roman', serif\">digit ANZSCO code</span></p></td></tr></thead><tbody><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">1</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">faculty head</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">134411</span></p></td></tr><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">2</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">university lecturer</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">242111</span></p></td></tr></tbody></table>\n```\n\n> high income threshold has the meaning given by section 333 of the Fair Work Act 2009.\n\n> legacy 457 worker, for a Subclass 186 (Employer Nomination Scheme) visa application, means a person who:\n\n    (a) held a Subclass 457 (Temporary Work (Skilled)) visa on or after 18 April 2017;\n    (b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and\n    (c) applied for the Subclass 186 (Employer Nomination Scheme) visa on or before 30 June 2024.\n\n> medical practitioner means an occupation that:\n\n    (a) is listed in ANZSCO; and\n    (b) has ANZSCO occupation minor group code 253 (medical practitioners).\n\n> nominated occupation, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—the occupation that relates to the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the occupation nominated by the nomination to which the visa application relates.\n\n> nominated position, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the position that relates to the nominated occupation that relates to the visa application.\n\n> nomination, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—an application under regulation 5.19 of the Regulations for approval of the nomination of the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the nomination under paragraph 140GB(1)(b) of the Act identified in the visa application.\n\n> regional medical practitioner applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the nominated position to which the visa application relates is located in a designated regional area;\n    (b) during the 3 years ending immediately before the day the visa application was made the person spent at least 2 years (whether made up of a continuous period or 2 or more non‑consecutive periods) employed, as a medical practitioner, at a place or places that, at the time, were located in a designated regional area;\n    (c) during the 3 years immediately before the day the visa application was made, the person held one or more of the following visas for a total period of at least 2 years:\n    (i) a Subclass 457 (Temporary Work (Skilled)) visa;\n    (ii) a Subclass 482 (Temporary Skill Shortage) visa;\n    (iii) a Subclass 482 (Skills in Demand) visa; or\n    (iv) if the last substantive visa held by the applicant was a visa mentioned in paragraph (i), (ii) or (iii)—a bridging visa granted on the basis that the person was an applicant for a visa mentioned in paragraph (i), (ii) or (iii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa.\n\n> Regulations means the Migration Regulations 1994.\n\n> science applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the person is any of the following relating to science:\n    (i) researcher;\n    (ii) scientist;\n    (iii) technical specialist;\n    (b) the nomination to which the visa application relates was made by a science organisation;\n    (c) the ANZSCO skill level of the nominated occupation to which the visa application relates is level one or two.\n\n> science organisation means:\n\n    (a) a science agency of the Commonwealth or of a State or Territory; or\n    (b) an Australian university.\n\n> Subclass 444/461 worker, in relation to an application for a visa, means a person in relation to whom both of the following paragraphs apply:\n\n    (a) during the 3 years ending immediately before the day the visa application was made, the person spent at least 2 years (whether made up of a continuous period or 2 or more non-consecutive periods) working:\n    (i) for the employer who made the nomination to which the visa application relates; and\n    (ii) in the nominated occupation to which the visa application relates;\n    (b) at almost all times during those 3 years, the person held:\n    (i) a Subclass 444 (Special Category) visa; or\n    (ii) a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa.\n\n> Subclass 457/482 worker, in relation to an application for a visa, means a person in relation to whom the following applies:\n\n    (a) during the 3 years ending immediately before the day the visa application was made, the person was employed for a total period of at least 2 years in one or more positions related to a nomination approved under section 140GB of the Act; and\n    (b) for each of those 2 years, the person’s earnings for the year were equal to or greater than the high income threshold (as applying at the end of the year); and\n    (c) during the 3 years immediately before the day the visa application was made, the person held one or more of the following for a total period of at least 2 years:\n    (i) a Subclass 457 (Temporary Work (Skilled)) visa;\n    (ii) a Subclass 482 (Temporary Skill Shortage) visa;\n    (iii) a Subclass 482 (Skills in Demand) visa; or\n    (iv) if the last substantive visa held by the applicant was a visa mentioned in paragraph (i), (ii) or (iii)—a bridging visa granted on the basis that the person was an applicant for a visa mentioned in paragraph (i), (ii) or (iii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa.\n\n> transitional 457 worker under 50, in relation to an application for a visa (the new visa), means a person who:\n\n    (a) on 18 April 2017:\n    (i) held a Subclass 457 (Temporary Work (Skilled)) visa; or\n    (ii) was an applicant for a Subclass 457 (Temporary Work (Skilled)) visa that was subsequently granted; and\n    (b) on the day the application for the new visa was made, had not turned 50.\n\n> working: a person is not working for an employer at a time if the person is on unpaid leave at that time.","sortOrder":3},{"sectionNumber":"Part 2 Exemptions from skill, age and En","sectionType":"division","heading":"Part 2 Exemptions from skill, age and English language requirements","content":"### Part 1 Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019.\n  (2) This instrument may be cited as LIN 19/216.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n    (a) paragraph 186.221(b) of Schedule 2;\n    (b) paragraph 186.231(b) of Schedule 2;\n    (c) subclause 186.234(3) of Schedule 2;\n    (d) paragraph 187.221(b) of Schedule 2;\n    (e) paragraph 187.222(b) of Schedule 2;\n    (f) subclause 494.223(2) of Schedule 2;\n    (g) subclause 494.224(7) of Schedule 2;\n    (h) subclause 494.225(2) of Schedule 2.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Regulations, including the following:\n\n    (b) designated regional area;\n    (c) earnings;\n  In this instrument:\n\n> academic applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the nomination to which the visa application relates was made by an Australian university;\n    (b) the nominated position to which the visa application relates is for an academic classified as Level A, B, C, D or E;\n    (c) the nominated occupation to which the visa application relates, and its corresponding 6-digit code, correspond to an occupation and its corresponding 6-digit ANZSCO code specified in an item of the following table.\n\n> Act means the Migration Act 1958.\n\n> ANZSCO means:\n\n    (a) in relation to an application for a Subclass 186 (Employer Nomination Scheme) visa—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022;\n    (b) in relation to an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa —the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013.\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"width:91.7%; margin-left:35.45pt; border-collapse:collapse\"><thead><tr><td colspan=\"3\" style=\"padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Exempt occupations</span></p></td></tr><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Item</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Column 1</span></p><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Occupation</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">Column 2</span></p><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif\">6</span><span style=\"font-family:'Times New Roman', serif\">‑</span><span style=\"font-family:'Times New Roman', serif\">digit ANZSCO code</span></p></td></tr></thead><tbody><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">1</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">faculty head</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">134411</span></p></td></tr><tr><td style=\"width:13.12%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">2</span></p></td><td style=\"width:43.42%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">university lecturer</span></p></td><td style=\"width:43.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"LDTableheading\"><span style=\"font-family:'Times New Roman', serif; font-weight:normal\">242111</span></p></td></tr></tbody></table>\n```\n\n> high income threshold has the meaning given by section 333 of the Fair Work Act 2009.\n\n> legacy 457 worker, for a Subclass 186 (Employer Nomination Scheme) visa application, means a person who:\n\n    (a) held a Subclass 457 (Temporary Work (Skilled)) visa on or after 18 April 2017;\n    (b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and\n    (c) applied for the Subclass 186 (Employer Nomination Scheme) visa on or before 30 June 2024.\n\n> medical practitioner means an occupation that:\n\n    (a) is listed in ANZSCO; and\n    (b) has ANZSCO occupation minor group code 253 (medical practitioners).\n\n> nominated occupation, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—the occupation that relates to the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the occupation nominated by the nomination to which the visa application relates.\n\n> nominated position, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the position that relates to the nominated occupation that relates to the visa application.\n\n> nomination, in relation to an application for a visa, means:\n\n    (a) if the visa application is for a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa—an application under regulation 5.19 of the Regulations for approval of the nomination of the position to which the visa application relates; or\n    (b) if the visa application is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa—the nomination under paragraph 140GB(1)(b) of the Act identified in the visa application.\n\n> regional medical practitioner applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the nominated position to which the visa application relates is located in a designated regional area;\n    (b) during the 3 years ending immediately before the day the visa application was made the person spent at least 2 years (whether made up of a continuous period or 2 or more non‑consecutive periods) employed, as a medical practitioner, at a place or places that, at the time, were located in a designated regional area;\n    (c) during the 3 years immediately before the day the visa application was made, the person held one or more of the following visas for a total period of at least 2 years:\n    (i) a Subclass 457 (Temporary Work (Skilled)) visa;\n    (ii) a Subclass 482 (Temporary Skill Shortage) visa;\n    (iii) a Subclass 482 (Skills in Demand) visa; or\n    (iv) if the last substantive visa held by the applicant was a visa mentioned in paragraph (i), (ii) or (iii)—a bridging visa granted on the basis that the person was an applicant for a visa mentioned in paragraph (i), (ii) or (iii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa.\n\n> Regulations means the Migration Regulations 1994.\n\n> science applicant, in relation to an application for a visa, means a person in relation to whom all of the following paragraphs apply:\n\n    (a) the person is any of the following relating to science:\n    (i) researcher;\n    (ii) scientist;\n    (iii) technical specialist;\n    (b) the nomination to which the visa application relates was made by a science organisation;\n    (c) the ANZSCO skill level of the nominated occupation to which the visa application relates is level one or two.\n\n> science organisation means:\n\n    (a) a science agency of the Commonwealth or of a State or Territory; or\n    (b) an Australian university.\n\n> Subclass 444/461 worker, in relation to an application for a visa, means a person in relation to whom both of the following paragraphs apply:\n\n    (a) during the 3 years ending immediately before the day the visa application was made, the person spent at least 2 years (whether made up of a continuous period or 2 or more non-consecutive periods) working:\n    (i) for the employer who made the nomination to which the visa application relates; and\n    (ii) in the nominated occupation to which the visa application relates;\n    (b) at almost all times during those 3 years, the person held:\n    (i) a Subclass 444 (Special Category) visa; or\n    (ii) a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa.\n\n> Subclass 457/482 worker, in relation to an application for a visa, means a person in relation to whom the following applies:\n\n    (a) during the 3 years ending immediately before the day the visa application was made, the person was employed for a total period of at least 2 years in one or more positions related to a nomination approved under section 140GB of the Act; and\n    (b) for each of those 2 years, the person’s earnings for the year were equal to or greater than the high income threshold (as applying at the end of the year); and\n    (c) during the 3 years immediately before the day the visa application was made, the person held one or more of the following for a total period of at least 2 years:\n    (i) a Subclass 457 (Temporary Work (Skilled)) visa;\n    (ii) a Subclass 482 (Temporary Skill Shortage) visa;\n    (iii) a Subclass 482 (Skills in Demand) visa; or\n    (iv) if the last substantive visa held by the applicant was a visa mentioned in paragraph (i), (ii) or (iii)—a bridging visa granted on the basis that the person was an applicant for a visa mentioned in paragraph (i), (ii) or (iii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa.\n\n> transitional 457 worker under 50, in relation to an application for a visa (the new visa), means a person who:\n\n    (a) on 18 April 2017:\n    (i) held a Subclass 457 (Temporary Work (Skilled)) visa; or\n    (ii) was an applicant for a Subclass 457 (Temporary Work (Skilled)) visa that was subsequently granted; and\n    (b) on the day the application for the new visa was made, had not turned 50.\n\n> working: a person is not working for an employer at a time if the person is on unpaid leave at that time.\n\n  \n\n### Part 2 Exemptions from skill, age and English language requirements\n\n#### 6 Subclass 186 visas\n\n  Temporary Residence Transition stream—exemption from age requirement\n  (1) For the purposes of paragraph 186.221(b) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (aa) legacy 457 workers;\n    (b) regional medical practitioner applicants;\n    (c) science applicants;\n    (d) Subclass 457/482 workers;\n    (e) transitional 457 workers under 50.\n  Direct Entry stream—exemption from age and skills requirements\n  (2) For the purposes of paragraph 186.231(b) and subclause 186.234(3) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (b) science applicants;\n    (c) Subclass 444/461 workers.\n\n#### 7 Subclass 187 visas—Temporary Residence Transition stream\n\n  Exemption from age requirement\n  (1) For the purposes of paragraph 187.221(b) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (b) regional medical practitioner applicants;\n    (c) science applicants;\n    (d) Subclass 457/482 workers;\n    (e) transitional 457 workers under 50.\n  Exemption from English language requirement\n  (2) For the purposes of paragraph 187.222(b) of Schedule 2 to the Regulations, a class of persons is specified in relation to an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa if, on the day the visa application was made, the persons had completed at least 5 years of full-time study in a secondary or higher education institution where all tuition was delivered in English.\n\n#### 8 Subclass 494 visas—Employer Sponsored stream\n\n  Exemption from age requirement\n  (1) For the purposes of subclause 494.223(2) of Schedule 2 to the Regulations, applicants are not required to have been under 45 for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in any of the following circumstances:\n    (a) the applicants are academic applicants;\n    (b) the applicants are regional medical practitioner applicants;\n    (c) the applicants are science applicants;\n    (d) the applicants are Subclass 444/461 workers;\n    (e) the applicants are Subclass 457/482 workers.\n  Exemption from skills and employment history requirements\n  (2) For the purposes of subclause 494.224(7) of Schedule 2 to the Regulations, the requirements of subclauses 494.224(2) to (5) of that Schedule are not required to have been met for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in either of the following circumstances:\n    (a) the applicants are academic applicants;\n    (b) the applicants are Subclass 444/461 workers.\n  (3) For the purposes of subclause 494.225(2) of Schedule 2 to the Regulations, applicants are not required to have been employed as mentioned in paragraph 494.225(1)(a) of that Schedule for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in either of the following circumstances:\n    (a) the applicant is an academic applicant;\n    (b) the applicant is a Subclass 444/461 worker.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Subclass 186 visas","content":"#### 6 Subclass 186 visas\n\n  Temporary Residence Transition stream—exemption from age requirement\n  (1) For the purposes of paragraph 186.221(b) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (aa) legacy 457 workers;\n    (b) regional medical practitioner applicants;\n    (c) science applicants;\n    (d) Subclass 457/482 workers;\n    (e) transitional 457 workers under 50.\n  Direct Entry stream—exemption from age and skills requirements\n  (2) For the purposes of paragraph 186.231(b) and subclause 186.234(3) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (b) science applicants;\n    (c) Subclass 444/461 workers.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Subclass 187 visas—Temporary Residence Transition stream","content":"#### 7 Subclass 187 visas—Temporary Residence Transition stream\n\n  Exemption from age requirement\n  (1) For the purposes of paragraph 187.221(b) of Schedule 2 to the Regulations, the following classes of persons are specified:\n    (a) academic applicants;\n    (b) regional medical practitioner applicants;\n    (c) science applicants;\n    (d) Subclass 457/482 workers;\n    (e) transitional 457 workers under 50.\n  Exemption from English language requirement\n  (2) For the purposes of paragraph 187.222(b) of Schedule 2 to the Regulations, a class of persons is specified in relation to an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa if, on the day the visa application was made, the persons had completed at least 5 years of full-time study in a secondary or higher education institution where all tuition was delivered in English.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Subclass 494 visas—Employer Sponsored stream","content":"#### 8 Subclass 494 visas—Employer Sponsored stream\n\n  Exemption from age requirement\n  (1) For the purposes of subclause 494.223(2) of Schedule 2 to the Regulations, applicants are not required to have been under 45 for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in any of the following circumstances:\n    (a) the applicants are academic applicants;\n    (b) the applicants are regional medical practitioner applicants;\n    (c) the applicants are science applicants;\n    (d) the applicants are Subclass 444/461 workers;\n    (e) the applicants are Subclass 457/482 workers.\n  Exemption from skills and employment history requirements\n  (2) For the purposes of subclause 494.224(7) of Schedule 2 to the Regulations, the requirements of subclauses 494.224(2) to (5) of that Schedule are not required to have been met for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in either of the following circumstances:\n    (a) the applicants are academic applicants;\n    (b) the applicants are Subclass 444/461 workers.\n  (3) For the purposes of subclause 494.225(2) of Schedule 2 to the Regulations, applicants are not required to have been employed as mentioned in paragraph 494.225(1)(a) of that Schedule for the purposes of Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas in the Employer Sponsored stream in either of the following circumstances:\n    (a) the applicant is an academic applicant;\n    (b) the applicant is a Subclass 444/461 worker.","sortOrder":7},{"sectionNumber":"Part 3 Application and transitional prov","sectionType":"division","heading":"Part 3 Application and transitional provisions","content":"### Part 3 Application and transitional provisions\n\n#### 9 Application of this instrument\n\n  This instrument applies in relation to an application for a visa made on or after 16 November 2019.\n\n#### 10 Transitional provision—designated regional areas\n\n  For the purposes of this instrument, an area that was located in regional Australia (within the meaning of subregulation 5.19(16) of the Regulations) at a time occurring before 16 November 2019 is taken to have been located in a designated regional area at that time.\n\n#### 11 Operation of Schedule 1 to the Migration (Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Amendment Instrument (LIN 20/189) 2020\n\n  The amendments of this instrument made by items 3 and 4 of Schedule 1 to the Migration (Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Amendment Instrument (LIN 20/189) 2020 apply in relation to applications made on or after the commencement of those items.\n\n#### 12 Amendments made by LIN 23/078\n\n  (1) The amendments of this instrument made by items 1, 2, 3, 4, 6, 10, 11 and 12 of Schedule 1 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to applications made on or after the commencement of that Schedule.\n  (2) The amendments of this instrument made by items 5, 7, 8 and 9 of Schedule 1 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to the following applications:\n    (a) made, but not yet finally determined, upon commencement of that Schedule;\n    (b) made on or after the commencement of that Schedule.\n\n#### 13 Application of amendments made by LIN 24/094\n\n  The amendments of this instrument made by Schedule 2 to the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (the amending instrument) apply in relation to an application for a visa made on or after the commencement of the amending instrument, where the associated nomination of an occupation was also made on or after that date.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Application of this instrument","content":"#### 9 Application of this instrument\n\n  This instrument applies in relation to an application for a visa made on or after 16 November 2019.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Transitional provision—designated regional areas","content":"#### 10 Transitional provision—designated regional areas\n\n  For the purposes of this instrument, an area that was located in regional Australia (within the meaning of subregulation 5.19(16) of the Regulations) at a time occurring before 16 November 2019 is taken to have been located in a designated regional area at that time.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Operation of Schedule 1 to the Migration (Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Amendment Instrument (LIN 20/189) 2020","content":"#### 11 Operation of Schedule 1 to the Migration (Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Amendment Instrument (LIN 20/189) 2020\n\n  The amendments of this instrument made by items 3 and 4 of Schedule 1 to the Migration (Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Amendment Instrument (LIN 20/189) 2020 apply in relation to applications made on or after the commencement of those items.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Amendments made by LIN 23/078","content":"#### 12 Amendments made by LIN 23/078\n\n  (1) The amendments of this instrument made by items 1, 2, 3, 4, 6, 10, 11 and 12 of Schedule 1 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to applications made on or after the commencement of that Schedule.\n  (2) The amendments of this instrument made by items 5, 7, 8 and 9 of Schedule 1 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to the following applications:\n    (a) made, but not yet finally determined, upon commencement of that Schedule;\n    (b) made on or after the commencement of that Schedule.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Application of amendments made by LIN 24/094","content":"#### 13 Application of amendments made by LIN 24/094\n\n  The amendments of this instrument made by Schedule 2 to the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (the amending instrument) apply in relation to an application for a visa made on or after the commencement of the amending instrument, where the associated nomination of an occupation was also made on or after that date.","sortOrder":13}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument has broadened the set of persons who may be exempted from age, skill and English requirements compared with an initial narrow set of academic/regional exemptions. Concrete scope expansions include (a) adding legacy 457 worker and transitional 457 worker under 50 categories (see section 5 definitions and s6(1)), (b) explicit inclusion of science applicants and expanded academic exemptions across Subclass 186, 187 and 494 (see sections 6–8), and (c) exemptions from particular skill/employment history tests in the Subclass 494 Employer Sponsored stream for academics and Subclass 444/461 workers (s8(2)–(3)). The instrument also records later amendment instruments (LIN 20/189, LIN 23/078, LIN 24/094) and staged commencement rules (sections 11–13), which extend or adjust application timing and thereby alter the practical reach of the instrument beyond its original drafting."},"complexity_factors":["Multiple visa subclasses and streams covered (Subclass 186 TRT and Direct Entry, Subclass 187 TRT, Subclass 494 Employer Sponsored) with different exemptions per stream (age, skills, English)","At least a dozen distinct defined classes (academic applicant, science applicant, regional medical practitioner applicant, Subclass 457/482 worker, Subclass 444/461 worker, legacy 457 worker, transitional 457 worker under 50, etc.), many with multi‑part eligibility tests (see section 5)","Cross‑references to many provisions of the Migration Regulations (e.g. paragraphs 186.221(b), 186.231(b), 494.223(2), 494.224(7)) and to external legislation (Fair Work Act s333 for the high income threshold)","Different ANZSCO editions apply depending on visa subclass (creates versioning complexity) (section 5 — ANZSCO)","Nested temporal and factual conditions (e.g. precise date windows for prior visa holding, specific multi‑year employment tests, periods spent in regional areas)","Transitional provisions and later amendments referenced (LIN 20/189, LIN 23/078, LIN 24/094) with staggered application rules (sections 11–13)","A small ANZSCO table of exempt academic occupations embedded in the definitions (requires occupational code matching)","Multiple types of exemptions (age, skills, employment history, English) applied inconsistently across categories and streams (requires careful mapping for each applicant)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This instrument lists specific classes of applicants who are exempted from one or more usual migration requirements for certain employer‑sponsored visas: Subclass 186 (Employer Nomination Scheme), Subclass 187 (Regional Sponsored Migration Scheme) and Subclass 494 (Skilled Employer Sponsored Regional (Provisional)). (See sections 6–8.)\n\n- The exemptions are limited and targeted: they remove the need to meet particular age, skills (including some skills/employment history tests) or English language requirements for persons who meet the named classes and the detailed conditions in the instrument. (See sections 6–8 and the definitions in section 5.)\n\n- The instrument defines who falls into each class (for example, \"academic applicant\", \"science applicant\", \"regional medical practitioner applicant\", \"Subclass 457/482 worker\", \"Subclass 444/461 worker\", \"legacy 457 worker\", and \"transitional 457 worker under 50\"). Those definitions contain multi‑part tests about who nominated the person, the nature of the position, prior visas held, periods of employment, earnings and where employment occurred. (See section 5 — definitions.)\n\n- It also specifies which edition of the ANZSCO occupation list applies for each visa type (important for matching nominated occupations to the instrument's lists). (See section 5 — ANZSCO.)\n\n- The instrument applies to visa applications made on or after 16 November 2019 and contains transitional rules about how earlier regional classifications are treated and how later amendment instruments affect operations. (See sections 9–13.)\n\n\nWho is affected\n\n- Workers nominated by Australian universities for academic positions (defined grades A–E), including specific academic occupations listed by ANZSCO codes. (Definitions; see \"academic applicant\" and the exemptions in sections 6, 8.)\n\n- Medical practitioners who have worked in designated regional areas and meet the prior‑visa and employment duration tests (\"regional medical practitioner applicant\"). (See definitions and sections 6 and 7.)\n\n- People nominated by science organisations (Commonwealth/State science agencies or Australian universities) for occupations at ANZSCO skill level 1 or 2 (\"science applicants\"). (See definitions and sections 6–8.)\n\n- Holders (or recent holders) of certain temporary visas (examples: Subclass 457, Subclass 482, Subclass 444 or 461), when they meet the instrument's multi‑year employment and/or earnings tests (these classes appear as \"Subclass 457/482 worker\", \"Subclass 444/461 worker\", \"legacy 457 worker\", \"transitional 457 worker under 50\"). These classes are eligible for particular exemptions depending on the visa stream. (See definitions and sections 6–8.)\n\n- Employers: employers who nominate people in the above classes can in practice rely on fewer documentary requirements about age, skills or English for specified visa streams.\n\n\nWhy it matters (claimed purpose and practical effects)\n\n- The explanatory effect claimed by the instrument is administrative: to expand or clarify which categories of nominated workers can be granted exemptions from age/skills/English requirements so that certain workers can progress from employer‑sponsored temporary arrangements to permanent (or provisional regional) visas without meeting some otherwise applicable tests. (See sections 6–8.)\n\n- Practically, this reduces the procedural barriers for the named classes: fewer proof requirements, and in some streams an ability for older applicants or applicants who do not meet particular skills/employment history tests to be granted these visas. That will affect who employers can recruit and sponsor, and how easily universities, science agencies and some regional employers can retain staff. (See sections 6(1),(2), 7(1),(2) and 8(1)–(3).)\n\n\nKey implementation details and trade‑offs to watch (explicit, mechanical observations)\n\n- Who pays / who decides: the instrument does not create new entitlements to government spending; it changes migration‑eligibility criteria administered by the Department (decisional power remains with visa decision‑makers under the Migration Act and Regulations). Employers still must make nominations and applicants must meet other visa conditions. (See Authority, section 3, and definitions of \"nomination\").\n\n- Concentrated benefits: the exemptions provide clear, concentrated benefits to particular groups (universities, science agencies and employers of workers with the named temporary visas) because those groups appear repeatedly in the specified classes (e.g. \"academic applicant\", \"science applicant\", and the various 457/482/444 classes). (See definitions and sections 6–8.)\n\n- Compliance and verification cost: many classes rely on multi‑part factual tests (lengths of employment, which visas were held and when, earnings at or above the \"high income threshold\", location of work in a designated regional area, or who made the nomination). Verifying these facts requires record checks across time periods and cross‑referencing other legislation (for example, \"high income threshold\" is defined by the Fair Work Act s333). That raises administrative complexity for both applicants and the Department. (See definitions of Subclass 457/482 worker and the reference to Fair Work Act s333 in section 5.)\n\n- Implementation risk from versioning: the instrument specifies different ANZSCO versions depending on the subclass (Subclass 186 uses the ANZSCO as at 23 November 2022; Subclass 187 and 494 use ANZSCO as at 27 June 2013). That difference can complicate occupational matching and creates room for disputes about which code applies to a nomination. (See section 5 — ANZSCO.)\n\n- Timing and transitional complexity: the instrument applies from 16 November 2019 but also records later amendments and staged application of those amendments (notably by subsequent instruments LIN 20/189, LIN 23/078 and LIN 24/094). That means eligibility can turn on both the visa application date and the nomination date in later amendments, increasing temporal complexity. (See sections 9–13.)\n\n- Behavioural effects and substitution: by exempting selected candidates from skill or age tests, employers may substitute those easier‑to‑process candidates for others who must still meet full requirements. The instrument does not itself change labour market settings like salary floors; it removes certain procedural hurdles for specific groups. (See sections 6–8.)\n\n\nMost important sections to consult when using this instrument\n\n- Definitions and occupation/version rules: section 5.\n- Which classes get which exemptions: sections 6 (Subclass 186), 7 (Subclass 187) and 8 (Subclass 494).\n- Application and transitional timing: sections 9–13.\n\n\nRepresentative citations\n\n- Subclass 186 TRT stream age exemption (s6(1)).\n- Subclass 186 Direct Entry stream age and skills exemptions (s6(2)).\n- Subclass 187 TRT age exemption and English‑study exemption (s7(1)–(2)).\n- Subclass 494 Employer Sponsored age, skills and employment history exemptions (s8(1)–(3)).\n- Definitions of applicant classes (section 5)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument has grown significantly beyond its original 2019 scope. Originally focused on standard exemptions for academics, scientists, and high-income 457/482 workers, it has expanded through amendments to include: legacy 457 workers (COVID-19 concessions added 2020), expanded transitional arrangements (2023 amendments), and Skills in Demand visa references (2024 amendments). The accumulation of temporal carve-outs and transitional provisions for specific cohorts has transformed it from a straightforward exemptions instrument into a complex patchwork of historical concessions."},"complexity_factors":["Multiple overlapping definitions of applicant categories (9 distinct defined terms in section 5)","Dual ANZSCO versions referenced – 2022 version for Subclass 186, 2013 version for Subclass 187 and 494","Complex temporal requirements with multiple look-back periods (3-year windows, specific cut-off dates like 18 April 2017, 16 November 2019)","Nested conditional logic in definitions (e.g., 'Subclass 457/482 worker' requires 2 years employment + high income threshold + specific visa holdings)","Bridging visa complications in definitions (paragraphs referencing 'if the last substantive visa held...')","Different exemption classes apply to different visa subclasses and streams (Temporary Residence Transition vs Direct Entry)","Transitional provisions with staggered commencement dates and retrospective application rules (sections 9-13)","External references to Fair Work Act 2009 (high income threshold) and Migration Regulations 1994 provisions"],"plain_english_summary":"This instrument creates targeted exemptions allowing certain skilled workers to bypass age limits, English tests, and skills assessments when applying for employer‑sponsored visas (subclasses 186, 187, 494). It applies to academic staff, scientists/researchers, high‑earning long‑term temporary visa holders, regional doctors, eligible New Zealand citizens, and specified legacy/transitional 457 visa holders. The aim is to clear barriers to permanent residency for experienced workers addressing shortages in universities, regional healthcare and high‑skill roles."}},"importantCases":[],"_links":{"self":"/api/acts/migration-lin-19-216-exemptions-from-skill-age-and-english-language-requirements-for-subclass-186-18","history":"/api/acts/migration-lin-19-216-exemptions-from-skill-age-and-english-language-requirements-for-subclass-186-18/history","analysis":"/api/acts/migration-lin-19-216-exemptions-from-skill-age-and-english-language-requirements-for-subclass-186-18/analysis","conflicts":"/api/acts/migration-lin-19-216-exemptions-from-skill-age-and-english-language-requirements-for-subclass-186-18/conflicts","importantCases":"/api/acts/migration-lin-19-216-exemptions-from-skill-age-and-english-language-requirements-for-subclass-186-18/important-cases","documents":"/api/acts/migration-lin-19-216-exemptions-from-skill-age-and-english-language-requirements-for-subclass-186-18/documents"}}