High Income Earners Exemption Retained for Applications Submitted Prior to July 1
July 14, 2017
Country / Territory
The Department of Immigration and Border Protection (DIBP) has clarified that the exemption to English language proficiency and skills assessment for high income earners with earnings of at least equivalent to the Australian Tax Office top income tax rate (A$180,001) will continue to apply to applications that were submitted, but not finalized, before July 1, 2017. This exemption will continue to be removed for high income earners who submitted their applications on or after July 1.
This applies to the Direct Entry Stream under the Employer Nomination Scheme (Subclass 186) Visa and Temporary Residence Transition Stream under both the Employer Nomination Scheme (Subclass 186) Visa and the Regional Sponsored Migration Scheme (Subclass 187) Visa.
Background
Previously, among the changes to the Direct Entry Stream requirements that took effect on July 1, 2017, was that evidence of English language proficiency and skills assessment would be required for high income earners who submitted their applications on or after July 1, 2017 as well as those whose applications were submitted prior to, but not finalized by, July 1, 2017. The English language proficiency exemption for high income earners applying under the Temporary Residence Transition Stream was also removed at that time.
Following feedback concerning the lawfulness of applying the new rules to applications that were submitted, but not yet finalized, before the effective date of July 1, 2017, DIBP has decided to continue applying the exemption to English language proficiency and skills assessment for high income earners who submitted their applications prior to the change taking effect.
What This Means for Employers and Foreign Nationals
DIBP’s announcement that exemption to English language proficiency and skills assessment for high income earners will continue to apply to applications submitted prior to, but not yet finalized by, July 1, 2017 will help clarify some of the confusion and should benefit affected employers and foreign nationals.
Fragomen will continue to monitor the situation and will provide updates as they become available.
The content of this alert is provided for information purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen in Australia or send an email to [email protected].
MARN: 0004980
Country / Territory
Explore more at Fragomen
Podcast
El Director Miguel Jiménéz y el Senior Business Immigration Manager Rodrigo García discuten información migratoria importante para residentes de México en relación con la Visa de Residencia.
Media mentions
In an interview with Australasian Lawyer, Special Counsel Rebecca Baggiano discusses her career and pro bono work.
Awards
Fragomen is shortlisted in three categories of the 2024 Chambers USA DEI Awards.
Blog post
This blog provides an overview of the updated Quebec Immigrant Investor Program.
Media mentions
Manager Kirsty Moore shares what options employers have when sponsoring engineers under the new UK five-point plan.
Video
Paralegal Elizabeth Collier discusses the requirements for and process of applying for the UK's Global Talent Visa in the Arts and Culture category.
Fragomen news
Forbes names Partner Lisa Ryan to its inaugural list, "Top 200 Lawyers in the US."
Media mentions
Senior Manager Laxmi Limbani, Associate Naureen Malik and Apprentice Paralegal Henry Thourgood-Marshall share how the Northern UK needs to harness UK immigration to accelerate and elevate the region’s economic growth.
Media mentions
Partner Diana Quintas shared with Valor Econômico how the need for qualified labour is shaping the visa opportunities for professionals in Brazil.
Fragomen news
Fragomen announces the launch of its Center for Strategy and Applied Insights and welcomes Senior Policy Advisor Amy Nice.
Media mentions
Manager Harry Goldstraw shares what UK employers need to consider when sending employees on short-term contracts to the European Union.
Blog post
This blog highlights the growing momentum of the UK's semiconductor sector, emphasising its strategic importance for the nation's science and technology ambitions, while also addressing upcoming challenges in talent acquisition due to proposed changes in immigration policies.
Podcast
El Director Miguel Jiménéz y el Senior Business Immigration Manager Rodrigo García discuten información migratoria importante para residentes de México en relación con la Visa de Residencia.
Media mentions
In an interview with Australasian Lawyer, Special Counsel Rebecca Baggiano discusses her career and pro bono work.
Awards
Fragomen is shortlisted in three categories of the 2024 Chambers USA DEI Awards.
Blog post
This blog provides an overview of the updated Quebec Immigrant Investor Program.
Media mentions
Manager Kirsty Moore shares what options employers have when sponsoring engineers under the new UK five-point plan.
Video
Paralegal Elizabeth Collier discusses the requirements for and process of applying for the UK's Global Talent Visa in the Arts and Culture category.
Fragomen news
Forbes names Partner Lisa Ryan to its inaugural list, "Top 200 Lawyers in the US."
Media mentions
Senior Manager Laxmi Limbani, Associate Naureen Malik and Apprentice Paralegal Henry Thourgood-Marshall share how the Northern UK needs to harness UK immigration to accelerate and elevate the region’s economic growth.
Media mentions
Partner Diana Quintas shared with Valor Econômico how the need for qualified labour is shaping the visa opportunities for professionals in Brazil.
Fragomen news
Fragomen announces the launch of its Center for Strategy and Applied Insights and welcomes Senior Policy Advisor Amy Nice.
Media mentions
Manager Harry Goldstraw shares what UK employers need to consider when sending employees on short-term contracts to the European Union.
Blog post
This blog highlights the growing momentum of the UK's semiconductor sector, emphasising its strategic importance for the nation's science and technology ambitions, while also addressing upcoming challenges in talent acquisition due to proposed changes in immigration policies.