View image in the official source

Commonwealth of Australia

Migration Regulations 1994

SPECIFICATION OF CLASS OF PERSONS 2015

(Subclause 186.234(3) and Paragraphs 186.221(b), 186.222(b), 186.231(b), 186.232(b), 187.221(b), 187.222(b), 187.231(b), 187.232(b), 187.234(a) and Sub-subparagraph 5.19(4)(h)(ii)(D))

I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under Subclause 186.234(3) and paragraphs 186.221(b), 186.222(b), 186.231(b), 186.232(b), 187.221(b), 187.222(b), 187.231(b), 187.232(b), 187.234(a) and sub-subparagraph 5.19(4)(h)(ii)(D) of the Migration Regulations 1994 (the Regulations):

1. REVOKE Instruments IMMI 12/059 (F2012L01292), signed on 12 June 2012, IMMI 12/060 (F2012L01283), signed on 12 June 2012, and IMMI 13/059 (F2013L01147), signed on 21 June 2013; and
2. SPECIFY the following class of persons for the purposes of subclause 186.234(3) and paragraphs 186.222(b), 186.232(b), 187.222(b), 187.232(b) and 187.234(a) of the Regulations:

Class 1

Persons who have applied under the Regulations for a visa, and whose earnings will be at least equivalent to the current Australian Tax Office’s top individual income tax rate.

3. SPECIFY the following class of persons for the purposes of paragraph 187.234(a) of the Regulations

Class 2

Persons who hold Subclass 444 – Special Category visa; or Subclass 461 – New Zealand Citizen Family Relationship (Temporary) visa and who have been working in their nominated occupation for their nominating employer for at least two years (excluding any periods of unpaid leave) in the previous three years, immediately before applying for their Subclass 187 – Regional Sponsored Migration Scheme visa.

4. SPECIFY the following class of persons for the purpose of paragraphs 186.222(b) and 187.222(b) of the Regulations:

Class 3

Persons who have completed at least five years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English.

5. SPECIFY the following class of persons for the purposes of subclause 186.234(3) of the Regulations:

Class 4

Persons who are employed in certain occupations, as follows:

a) Researchers, scientists and technical specialists at the ANZSCO skill levels one or two, who have applied for a visa under the Regulations to occupy a position as nominated by Australian scientific government agencies; and

b) Academics who have applied for a visa under the Regulations to occupy a position as nominated by an Australian university in Australia. An academic is a person to be employed at an Academic Level of A, B, C, D or E, in the position of a:

1. University Tutor (ANZSCO: 242112);

2. University Lecturer (ANZSCO: 242111); or

3. Faculty Head (ANZSCO: 134411).

4. SPECIFY the following class of persons for the purposes of paragraphs 186.221(b), 186.231(b), 187.221(b) and 187.231(b) of the Regulations:

Class 5

Persons who are employed in certain occupations, as follows:

a) researchers, scientists and technical specialists at the ANZSCO skill levels one or two, who have applied for a visa under the Regulations to occupy a position as nominated by Australian scientific government agencies; or

b) senior academics who have applied for a visa under the Regulations to occupy a position as nominated by an Australian university in Australia. A senior academic is a person to be employed at an Academic Level of B, C, D or E, as a:

1. University Lecturer (ANZSCO 242111); or

2. Faculty Head (ANZSCO 134411).

3. SPECIFY the following classes of persons for the purposes of paragraphs 186.221(b) and 187.221(b) of the Regulations:

Class 6

Persons:

a) who have been working for their nominating employer as the holder of a Subclass 457 – Temporary Work (Skilled) visa for at least four years immediately before applying for their Subclass 186 or Subclass 187 visa; and whose annual earning for each year in the four year period was at least equivalent to the Fair Work High Income Threshold; or

b) Medical practitioners (ANZSCO MINOR GROUP 253):

1. who have been working in their nominated occupation as the holder of a Subclass 457 – Temporary Work (Skilled) visa for at least four years immediately before applying for their Subclass 186 or Subclass 187 visa;
2. this employment was located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7), for at least two of these years; and
3. whose nominated position is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7); or

c) Medical practitioners (ANZSCO MINOR GROUP 253):

1. who have been working in their nominated occupation as the holder of a Subclass 422 – Medical Practitioner visa before becoming a holder of a Subclass 457 – Temporary Work (Skilled) visa at least two years in the four years immediately before applying for their Subclass 186 or Subclass 187 visa;

2. this employment was located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7), for at least two of these years; and

3. whose nominated position is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7).

4. SPECIFY the following class of persons for the purposes of subclause 186.231(b) and paragraph 187.231(b) of the Regulations:

Class 7

Persons:

a) Persons who hold Subclass 444 – Special Category visa; or Subclass 461 – New Zealand Citizen Family Relationship (Temporary) visa and who have been working in their nominated occupation for their nominating employer for at least two years (excluding any periods of unpaid leave) in the previous three years, immediately before applying for their Subclass 186 – Employer Nomination Scheme visa or Subclass 187 – Regional Sponsored Migration Scheme visa.: or

b) Medical practitioners (ANZSCO MINOR GROUP 253):

1. who have been working in their nominated occupation as the holder of a Subclass 422 – Medical Practitioner visa for at least the four years immediately before applying for their visa;
2. this employment is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7), for at least two of these years; and
3. whose nominated position is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7); or

c) Medical practitioners (ANZSCO MINOR GROUP 253):

1. who have been working in their nominated occupation as the holder of a Subclass 422 – Medical Practitioner visa before becoming a holder of a Subclass 457 – Temporary Work (Skilled) visa in the four years immediately before applying for their Subclass 186 or Subclass 187 visa;

2. this employment was located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7), for at least two of these years; and

3. whose nominated position is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7).

4. SPECIFY the following occupations in Schedule A for the purposes of sub-subparagraph 5.19(4)(h)(ii)(D) of the Regulations, that the tasks to be performed in the position correspond to the tasks of an occupation at the skill level of ANZSCO skill level one, two, or three.

This Instrument, IMMI 15/083, commences on 1 July 2015.

Dated: 25th June 2015

Michaelia Cash

Assistant Minister for Immigration and Border Protection

Schedule A