Australian Immigration Daily News

The following information has just been received from the DIBP:

Dear Agent

As you have been advised, legislative changes came into effect on 1 July 2015 which will limit nominations for permanent visas for Minister of Religion (ANZSCO 272211) to the Agreement Stream of the Employer Nomination Scheme (Subclass 186 visa). The Department would like to clarify the impact of these legislative changes.

From 1 July 2015:

·         Employer nominations for Minister of Religion occupation for the Direct Entry Stream of the Subclass 186 visa can no longer be lodged. Minister of Religion is not an eligible occupation for sub-subparagraph 5.19(4)(h)(i)(A) of the Migration Regulations 1994 (the Regulations) as specified on the Consolidated Sponsored Occupation List (CSOL) as per legislative instrument IMMI 15/092.

·         Employer nominations for Minister of Religion occupation for the Direct Entry stream of the Regional Sponsored Migration Scheme (Subclass 187 visa) can no longer be lodged. Minister of Religion is not an eligible occupation for sub-subparagraph 5.19(4)(h)(ii)(D) of the Regulations as specified by legislative instrument IMMI 15/083.

·         Nominations by a standard business sponsor for Temporary Work (Skilled) Subclass 457 visa cannot be for a Minister of Religion as this occupation is not an eligible occupation for paragraph 2.72(10)(aa) of the Regulations as specified by IMMI 15/092

·         Visa applications can be lodged for Minister of Religion for Direct Entry or Temporary Residence Transition stream if the linked nomination was lodged and approved prior to
1 July 2015, and if the linked nomination was lodged prior to 1 July 2015 and then subsequently approved on or after 1 July 2015.

·         All visa applicants nominated as Minister of Religion will no longer be eligible for the age, skill and English language exemptions previously available prior to 1 July 2015 under Legislative Instruments IMMI 13/059, IMMI 12/060 and IMMI 12/059. Class of persons exempt from age, skill and English requirements is specified as per legislative instrument IMMI 15/083 for all visa applications lodged from 1 July 2015.

·         Employer nominations for the Temporary Residence Transition stream, Regulation 5.19(3), are possible if applicants are an existing Subclass 457 visa holder who was granted the Subclass 457 visa prior to 1 July 2015 on the basis of satisfying subclause 457.223(4) of the Regulations and whose occupation is Minister of Religion.

The Department understands that there are still Ministers of Religion who are Subclass 457 visa holders in Australia. An individual letter will be sent to these Subclass 457 visa holders in relation to these changes. We would encourage you to also discuss these changes with your impacted clients. 

Should you have further complex policy or procedural questions about the Subclass 186 visa or Subclass 187 visa, please contact This email address is being protected from spambots. You need JavaScript enabled to view it. . Information on the key features of the Minister of Religion industry labour agreement, and on how to request a labour agreement, is also attached. 

Note by: This email can be forwarded to other interested stakeholders.

Regards

Permanent Skilled Policy Section

Economic Policy Branch

Department of Immigration and Border Protection