Exemptions from age, skill and English requirements for subclass 186, 187 and 494 visas: LIN 19/216

The Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019 is made under the eight Schedule 2 provisions of the Migration Regulations 1994 listed in section 3. It was registered on 31 October 2019 and commenced on 16 November 2019 (Endnote 3), at the same time as Schedule 2 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019. It repealed IMMI 18/045. It has been amended by LIN 20/189 (24 November 2020), LIN 22/047 (1 July 2022), LIN 23/078 (25 November 2023) and the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (7 December 2024). This page describes Compilation No. 4, dated 7 December 2024.

The explanatory statement for the 2019 instrument says it was made to implement the New Skilled Regional Visas Regulations, which will introduce the Subclass 494 visa and, except for certain transitional cohorts, close the Subclass 187 visa (paragraph 9).

Who is exempt, and from what

Classes exempted by LIN 19/216, Compilation No. 4 (sections 6 to 8)

Class (defined in s 5)	186 TRT age (s 6(1))	186 Direct Entry age and skills (s 6(2))	187 TRT age (s 7(1))	494 age (s 8(1))	494 skills and employment (s 8(2), (3))
Academic applicant	Yes	Yes	Yes	Yes	Yes
Legacy 457 worker	Yes	–	–	–	–
Regional medical practitioner applicant	Yes	–	Yes	Yes	–
Science applicant	Yes	Yes	Yes	Yes	–
Subclass 444/461 worker	–	Yes	–	Yes	Yes
Subclass 457/482 worker	Yes	–	Yes	Yes	–
Transitional 457 worker under 50	Yes	–	Yes	–	–

Section 7(2) also exempts a subclass 187 applicant from the competent English requirement in paragraph 187.222(b) if, on the day the application was made, the applicant had completed at least 5 years of full-time study in a secondary or higher education institution where all tuition was delivered in English.

How the classes are defined

• Academic applicant: the nomination was made by an Australian university, the position is for an academic at Level A, B, C, D or E, and the occupation is faculty head (ANZSCO 134411) or university lecturer (ANZSCO 242111).
• Legacy 457 worker (subclass 186 only): held a subclass 457 visa on or after 18 April 2017, was in Australia for at least 12 months between 1 February 2020 and 14 December 2021, and applied for the subclass 186 visa on or before 30 June 2024.
• Regional medical practitioner applicant: the position is in a designated regional area; in the 3 years before the application the person spent at least 2 years employed as a medical practitioner (ANZSCO minor group 253) in a designated regional area, and held a subclass 457 or 482 visa, or a related bridging visa, for a total of at least 2 years.
• Science applicant: a researcher, scientist or technical specialist nominated by a Commonwealth, State or Territory science agency or an Australian university, in an occupation at ANZSCO skill level one or two.
• Subclass 444/461 worker: in the 3 years before the application, spent at least 2 years working for the nominating employer in the nominated occupation, holding a subclass 444 or 461 visa at almost all times during those 3 years.
• Subclass 457/482 worker: in the 3 years before the application, was employed for at least 2 years in positions related to a nomination approved under section 140GB of the Migration Act 1958, earned at least the high income threshold under section 333 of the Fair Work Act 2009 in each of those years, and held a subclass 457 or 482 visa, or a related bridging visa, for at least 2 years.
• Transitional 457 worker under 50: on 18 April 2017 held a subclass 457 visa, or had applied for one that was later granted, and had not turned 50 on the day the new application was made.

Section 5 also sets the ANZSCO edition for this instrument: the edition in force on 23 November 2022 for a subclass 186 application, and the edition in force on 27 June 2013 for a subclass 187 or 494 application.

Which applications it applies to

Section 9 applies the instrument to visa applications made on or after 16 November 2019, and section 10 treats an area that was in regional Australia under subregulation 5.19(16) before that date as a designated regional area at that time. Under section 12(2), items 5, 7, 8 and 9 of the LIN 23/078 amendments also apply to applications made but not finally determined when they commenced on 25 November 2023. Under section 13, the 2024 amendments apply to a visa application made on or after 7 December 2024 where the associated nomination was also made on or after that date.