Minister Of Religion Labour Agreements

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The Minister of Religion Labour Agreement is a law that allows overseas ministers, such as priests, rabbis, and imams, to receive sponsorship from religious organisations in Australia. Offering a religious visa in Australia is critical to fulfilling specific religious roles that cannot be done locally. However, although Australia has the Minister of Religion Labour Agreement, the process isn’t always straightforward. That’s why The Immigration Lawyer is here to provide professional support and guidance to ensure the pathway for obtaining the right visa is a seamless and hassle-free process.

Eligibility Criteria for Religious Visa Applicants

Experience Required

In order for an individual to qualify under the Minister of Religion Labour Agreement, they must have significant experience. This includes being at the forefront of a recognised religious organisation, conducting religious ceremonies, providing pastoral care, and being active in the role for a minimum of two years.

A Minister of Religion for immigration purposes can include Chaplains, Imans, Monks, Priests and Rabbis.

A prospective Minster of Religion visa applicant must show they have experience in the all or the majority of the following:

1. Preparing and conducting services of public worship and acknowledgments of faith.
2. Preparing and delivering sermons, homilies and special talks, and planning music for services.
3. Participating in the social and welfare activities of communities, encouraging people to be aware of their responsibilities, and organising participation in community projects.
4. Conducting classes of religious instruction, and supervising prayer and discussion groups, retreats and seminars.
5. Conducting premarital and family counselling and referring people to professional service agencies where necessary.
6. Performing marriages, funerals and special memorial services according to tradition and ecclesiastical and civil law.
7. Visiting members of the community in their homes, hospitals and other institutions to provide advice and religious comfort.

Skills and Qualifications

In addition to experience, those seeking a religious visa in Australia will need to have participated in formal theological education or taken part in equivalent training. They must also demonstrate a deep understanding of the teachings and practices of their faith and have relevant qualifications from recognised religious institutions. Though the sponsoring institution is responsible for providing the supporting evidence, all skills and qualifications will be assessed by the Australian government. Ministers of Religion must have:

Been ordained or have professed to a religious life as a minister of religion (or equivalent accreditation process within the faith tradition).

Minimum qualifications equivalent to a relevant Australian Qualification Framework (AQF) bachelor degree in a relevant field (e.g. Bachelor of Ministry or Theology)

Undertaken at least five years of relevant structured training or instruction (that can be verified through appropriate evidence).

If applying on the basis of holding relevant minimum qualifications, it is a good idea for the Minister of Religion to be “skills assessed” by the relevant assessing body, which is currently VETASSESS.

Visa Options for Ministers of Religion in Australia

There are two pathways a religious organisation can take to sponsor a minister through the Minister of Religion Labour Agreement. If a minister is only required for temporary work in Australia, they will need to apply for a Subclass 457, but if they require permanent residency, they will need to apply for Subclass 186.

The type of visa that the DIBP may allow the prospective visa applicant to apply for depends on the strength of the business case presented to them for an overseas Minister of Religion to come and work for your religious organization. The DIBP may allow the visa applicant to apply for a temporary visa only, a temporary visa with a pathway to permanent residence, or a permanent visa.

Whichever pathway you require for your religious visa in Australia, our highly qualified and experienced team of lawyers will be able to ensure all relevant documentation is gathered, making the process as smooth as possible. To find out more about employer-nominated schemes, contact us today.

Requirements for Religious Organisations in Australia

For a religious organisation to sponsor an individual, they must ensure they meet all the requirements of the Minister of Religion Labour Agreement. This includes tax-exempt status and proof of religious activities, financial statements, evidence of community service, and all supporting paperwork for the visa application.

To be eligible to apply for a Minister of Religion Labour Agreement, your organisation must meet the definition of a Religious Organisation in the migration laws. The relevant definition of a religious organisation is as follows:

The activities of the organisation reflect that it is a body instituted for the promotion of a religious object.

The beliefs and practices of the members of which constitute a religion due to those members:

believing in a supernatural being, thing or principle

accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws

The organisation meets the requirements of section 50-50 of the Income Tax Assessment Act 1997.

The organisation’s income is exempt from income tax under section 50-1 of the Income Tax Assessment Act 1997.

The last two requirements basically mean that your religious organisation must have charitable status with the Australian Charities and Not-for-Profits Organisation and must have tax concession charity status with the Australian Taxation Office.

Other Qualifications

English Language

A concession to English language proficiency requirements may be considered where the visa holder will be directly serving the needs of an ethnic group and interaction within the wider Australian society will be limited – for example they are working in a cloistered or monastic environment.

Leadership Role

The overseas Minister of Religion nominated to work for your religious organisation is required to be offered a genuine leadership role within your organisation. The DIBP will consider the size of the organisation and its workforce composition in determining whether this is the case.

Age

Concessions to the age requirements may be considered where there is not a tradition of retirement within the faith tradition and where the needs of aged religious workers continue to be met by the religious organisation without recourse to the aged pension.

Salary

Overseas Ministers of Religion must receive terms and conditions of employment that are no less favourable than that provided to an Australian Minister of Religion working in the same role in the same location.

Where a vow of poverty is required by the wider religious organisation for the occupation, a religious organisation must provide evidence that this is the case and attest that overseas workers will be provided equivalent terms and conditions to that of Australians in the same occupation in the sponsoring organisation and will provide all living needs, including board and lodging, health, education, welfare and any other costs incurred by the Minister of Religion.

English Language

Foreign Ministers of Religion must demonstrate a score of at least 5.0 on the IELTS test. There are some limited exemptions to this requirement for Ministers of Religion who hold passports from certain countries or have completed at least 5 years of cumulative study at an educational institution(s) where all instructions was conducted in English. A concession to English language proficiency requirements may be considered where the visa holder will be directly serving the needs of an ethnic group and interaction within the wider Australian society will be limited – for example they are working in a cloistered or monastic environment.

Leadership Role

Age

Minister of Religion visa applicants must be no more than 60 years of age at time of visa application for an Employer Nominated Scheme (Subclass 186) Visa, which is a permanent visa. No age requirements apply when applying for a Temporary Work Skilled (Subclass 457) Visa only, which is a temporary visa. Concessions to the age requirements may be considered where there is not a tradition of retirement within the faith tradition and where the needs of aged religious workers continue to be met by the religious organisation without recourse to the aged pension.

Salary

This generally means that a Minister of Religion must be paid at least the Temporary Skilled Migration Threshold (TSMIT), which is currently $53,900 plus superannuation (which can include monetary benefits and some non-monetary benefits e.g. if the religious organisation pays for the Minister’s rent or lease costs on their home). Where a vow of poverty is required by the wider religious organisation for the occupation, a religious organisation must provide evidence that this is the case and attest that overseas workers will be provided equivalent terms and conditions to that of Australians in the same occupation in the sponsoring organisation and will provide all living needs, including board and lodging, health, education, welfare and any other costs incurred by the Minister of Religion.

Contact Us

Our experienced immigration lawyers will ensure your application is given the best prospects of success.

We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding Minister of Religion Labour Agreements and related visa applications to you and inform you of the process moving forward.

To organise an initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.

FAQS

Is a 186 visa permanent residency?

The 186 visa for Australia is a permanent residency visa that is given to skilled workers who are sponsored by an eligible Australian company. This visa is often used to upgrade those already living and working in Australia, usually on a 482 visa, to a longer-term contract for ongoing and continued employment. To qualify for a 186 visa, the applicant must complete a skills assessment that qualifies them as a skilled worker within the profession they are applying for and must have the relevant qualifications and work experience to back up their application. This employer nominated scheme can be used as a pathway towards Australian citizenship for workers wanting to permanently stay in Australia.

What is the new rule for 186 visas?

There are three main changes to the 186 visa for Australia aimed at easing the restrictions for those applying for permanent residency. Occupation Lists have been removed as a requirement for the employer nominated scheme, opening the applications for this visa type up to more skilled workers. The requirement for 3 years of relevant work experience has been reduced to a requirement of a minimum of 2 years work experience for those on skilled worker visas to apply for permanent residency through employer sponsorship. The age limit for high-income skilled workers and regional medical practitioners has been removed, meaning that people who meet these criteria over the regular age limit of 45 can still apply for employer-sponsored permanent residency.

What is the difference between a 186 and a 482 visa?

The 482 visa allows the skilled visa holder to live and work in Australia temporarily, while the 186 visa is a combined application for permanent residency in Australia. The 482 visa is applicable for those who are only planning on remaining in Australia for a limited duration as a skilled worker but this visa is also used as a pathway to gain the required work experience to apply for a 186 visa through the employer nominated scheme.

How long does it take for employer nomination approval?

For an employer nomination approval, the general wait time is approximately 4-6 weeks from the date of lodging, providing that all necessary documentation has been correctly submitted. For more difficult nominations, the process can sometimes take up to 9 weeks for final approval to be granted.

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Minister Of Religion Labour Agreements