On this page:
- Overview
- Minister of Religion labour agreements – different requirements
- What is a religious institution?
- Minister of Religion (ANZSCO 272211)
- Religious Assistant (ANZSCO 451816)
- Minister of Religion and Religious Assistant salary arrangements
- English requirements
- Exemptions and summary of industry specific requirements
- Occupations, Nomination Ceiling and Location
- Minister of Religion industry labour agreement template
1. Overview
The table below summarises the different visa arrangements that are in place under the MORLA (i.e. how they differ to standard skilled visa program arrangements). Additional advice is also provided below where required in relation to particular requirements.
Recent changes to MORLA settings now also allow religious institutions to utilise a MORLA to sponsor overseas workers as Religious Assistants (ANZSCO 451816).
Both a temporary and permanent visa (after a transitional period of three years) pathway is provided for under these arrangements.
Note:
- MORLA arrangements are quite different to other industry template arrangements, with nominees required to be identified and as a result, certain visa and nomination related requirements assessed ‘up front’ at the LA stage. As such, evidence that demonstrates that identified nominees will meet nomination and visa requirements (e.g. evidence of qualifications or evidence of English proficiency) can be considered at LA request stage.
- Organisations with a LA are exempt from paying a contribution to the Skilling Australians Fund (SAF) levy at nomination stage where the occupation is a Minister of Religion (ANZSCO 272211). This also applies where a company specific LA has been signed for this occupation and/or a Religious Assistant (ANZSCO 451816). Note: the SAF levy, which is normally automatically charged at the time of nomination application lodgement online, will not be applied in such cases.
Changes to the online MORLA request form that will allow the nomination of Religious Assistants under a MORLA are being progressed, however, will not be finalised before these changes come into effect. Work-around processes will be utilised until such time that system changes can be implemented.
2. Minister of Religion labour agreements – different requirements
| Standard requirement | Varied/additional requirements | Assessed at which stage |
| Australian registered business | Must be a religious institution under the Migration Regulations – see section What is a religious institution below, and must provide evidence of charitable status. | LA request |
| Good standing | Normal requirements apply, plus organisations must also provide specific advice regarding any royal commission involvement to mitigate the risks of any child protection issues arising | LA request |
| Labour market Need | Exempt from labour market testing but must still explain why, given the nature of the position/skills required, it is unable to filled by an Australian worker | LA request |
| Reliance on overseas workers | This requirement will not generally be assessed unless there are significant concerns, given low numbers of overseas workers usually requested under this industry template | LA request |
| Occupation | Occupation must be either:
· Minister of Religion (ANZSCO 272211) as specifically defined for the purposes of the labour agreement program – see section 3.12.4 Minister of Religion (ANZSCO 272211) below. · Religious Assistant (ANZSCO 451816) as specifically defined for the purposes of the labour agreement process. – see section 3.12.5 Religious Assistant (ANZSCO 451816)below. |
LA request |
| Salary | For Ministers of Religion:
· Standard requirements apply unless a concession is awarded on the grounds that a vow of poverty has been declared · In addition, unlike in the standard skilled visa programs, non-monetary benefits can be counted when assessing whether the annual earnings for the equivalent Australian worker and the nominee are at least at the level of TSMIT. For Religious Assistants: · The above requirements apply, however, no concessions can be awarded on the basis that a vow of poverty has been declared. See Minister of Religion and Religious Assistant salary arrangements below |
LA request |
| Skills | For Ministers of Religion, the nominee must:
· have been ‘ordained’ or have ‘professed to a religious life’ as a Minister of Religion (or under an equivalent accreditation process within a religion); and · possess the minimum qualifications equivalent to a relevant Australian Qualification Framework (AQF) bachelor degree, or · have undertaken at least five years of relevant structured training or instruction. Experience does not substitute for this requirement Additional skills requirements are in place where the nominee will be undertaking the role of a Bishop. For Religious Assistants, the nominee must: · possess the relevant qualifications equivalent to a relevant AQF Certificate II or III (ANZSCO Skill Level 4); or · have at least two years of relevant experience as substitute for the formal qualification listed above. See Religious Assistant (ANZSCO 451816) below. |
LA request |
| English | · Standard Short term stream TSS visa requirements apply unless concession awarded on the grounds that the nominee will be operating in a monastic or other cloistered environment – see section 3.12.5 Monastic or cloistered environment below
· ENS visa applicants must demonstrate English proficiency to the level of IELTS 5 with a score of at least 4.5 in each of the four test components or equivalent unless they meet standard English exemptions available under the ENS program. · Where ENS visa applicants can demonstrate completion of at least five years of full-time study in a secondary education institution or higher education institution, where the instruction was delivered in English, they can be deemed to have met the English requirement. |
LA request |
| Permanent residence | · ENS visa available after three year transitional period where a strong business cases provided
· Where it is demonstrated that the nominee will be working in the most senior Minster of Religion role within Australia, a state/territory or a region, the ENS visa will be available without the nominee having to have held a 457/TSS visa for three years. |
LA request |
| Age | · No age requirements for TSS visa
· ENS visa nominees can be up to 60 years old – i.e. there is an age concession. |
Visa application stage |
| Other | · Employers must identify nominees at the time of the request
· The Department will not consider a MORLA while any immigration matter for a nominee is awaiting an outcome. · Salaries must be paid from the organisation’s Australian bank account |
LA request |
3. What is a religious institution?
Organisations seeking approval under a MORLA must meet the definition of a religious institution under the Migration Regulations. Consequently, to recommend that a LA be executed, officers must be satisfied that the requesting organisation is a religious institution.
Religious institution is defined in regulation 1.03 as a body:
- a) the activities of which reflect that it is a body instituted for the promotion of a religious object; and
- b) the beliefs and practices of the members of which constitute a religion due to those members:
(i) believing in a supernatural being, thing or principle; and
(ii) accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and
- c) that meets the requirements of s50-50 of the Income Tax Assessment Act 1997; and
- d) the income of which is exempt from income tax under s50-1 of that Act.
Evidencing religious status
In terms of the definition of ‘religious institution’ in regulation 1.03, organisations seeking a MORLA should provide evidence which demonstrates that their activities reflect a body instituted for the promotion of e a religious object, and that the beliefs and practices of the members of which constitute a religion due to those members:
- believing in a supernatural being, thing or principle; and
- accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws.
This could include written governing laws and principles that are fundamental to the belief in and the belonging to that religion, such as those contained in memoranda, articles of association, constitutions rules or charter, tenets or ecclesiastical canons, and/or copies of annual reports and financial statements.
Evidence of Notification of Endorsement for Charity Tax Concessions is sufficient to satisfy the requirements of regulation 1.03 and (d).
- An organisation may apply to the ATO for a Private binding ruling (PBR) as to their status as a ‘religious institution’. A PBR may be useful if delegates are not satisfied that a group is a religious institution, in which case the organisation can be given the opportunity to obtain a PBR.
Officers should consider the evidence provided and also check that the organisation is listed on the Australian Charities and Not for Profits Commission register before progressing with their assessment of the request in accordance with the guidelines below.
Assessment – religious status
‘Religious institutions’ are not confined to major religions, however, the activities, size, permanence and recognition of the institution will be taken into account when considering a LA request.
Officers should be aware that the term ‘religious institution’ is not, however, confined to major religions such as Judaism, Hinduism, Buddhism, Christianity and Islam. A body is a religious institution if, amongst other things, the activities of it reflect that it is a body instituted for the promotion of a religious object.
Religious institutions will have activities in place that reflect the religious objectives of the organisation. Such activities are usually scheduled and advertised, and can include:
- conducting religious services and celebration of, for example, weddings, births and holy days;
- regular meetings for fellowship, communion, study and/or prayer;
- the existence of counselling and pastoral services; and
- involvement in social services/social action.
Examples of religious institutions could include:
- churches and other religious congregations;
- missionary institutions, seminaries, convents and/or bible colleges.
The Department may not consider the following to be a religious institution:
- a fund – for example, a trust merely to manage or hold trust property to make distributions to other entities or people, even if they publicly proclaim a religious message or belief;
a structure with a small and exclusive membership that is controlled and operated by family members and friends and carries out limited activities such as giving religious address including evangelising, or delivering sermons.
4. Minister of Religion (ANZSCO 272211)
Role in religious organisation
An important part of assessing a request for a MORLA is to ensure that the proposed overseas worker will in fact be working in an appropriate position – with this industry template arrangements designed to cater only for skilled overseas workers who will be hired by religious organisations.
To achieve this policy aim and support the SAF levy related exemptions for religious organisations mentioned above, the ANZSCO occupation of Minister of Religion has been varied for the purposes of the LA template to:
- clarify that the nominee is required to have a leadership role within the organisation; and
- accommodate the occupation of Bishop.
If being employed as a Minister of Religion, officers should assess whether the proposed tasks to be completed align with those outlined in ANZSCO for standard Minister of Religion positions.
If the individual is employed in the specific role of the Bishop, it is expected that some of the tasks listed would be replaced by higher level managerial tasks, with the nominee responsible for planning, organising, directing and controlling processes within their religious institution.
Important:
- A MORLA should notbe recommended for approval if the nominee is undertaking unskilled/lower skilled work. The Temporary Activity (Subclass 408) visa is the appropriate visa for such lesser skilled religious workers.
- It would generally be expected that an organisation would have only one Minister of Religion per location / building (e.g. church in town x). The Department will, however, consider the size of the organisation (and related congregation) and its workforce composition on a case by case basis – if more than one overseas nominee is proposed by the Australian employer for that specific location / building.
Skills, qualifications and experience
Ministers of Religion must:
- be ‘ordained’ or have taken a ‘profession to religious life’ as a minister of religion;
and
- have minimum qualifications equivalent to an appropriate Australian Qualification Framework (AQF) bachelor degree;
OR
- have undertaken at least five years of relevant structured training or instruction*.
If employed in the role of a Bishop, the nominee must also have been ordained for at least five years and have a post-graduate degree.
*Note: In most cases, nominees should be ordained and have an appropriate bachelor degree. Five years of structured training or instruction can, however, be accepted as an alternative to a bachelor degree. This is only appropriate where the nominee has done five years full-time formal training and the relevant religion does not have an equivalent AQF bachelor degree available. Experience, lesser AQF qualifications, and volunteering in a lay position do not substitute for this criterion.
Officers must check that proposed nominees have these skills/qualifications at the LA request stage. If not, they should recommend the request be declined. These requirements are not negotiable under the existing industry template arrangements. In these cases, a company specific LA will also not meet the requirements.
5. Religious Assistant (ANZSCO 451816)
Role in religious organisation
If being employed as a Religious Assistant, officers should assess whether the nominee will be undertaking a variety of religious functions associated with the practise of a religion, including worship, spiritual guidance, pastoral care and teaching.
Skills, qualifications and experience
Religious Assistants sit within the ANZSCO Unit Group 4518 – Other Personal Services Workers. Occupations in this unit group will usually have a level of skill commensurate with the following qualifications and experience:
- Possess the qualifications equivalent to a relevant AQF Certificate II or III (ANZSCO Skill Level 4); or
- Have at least two* years of relevant experience as substitute for the formal qualification listed above.
* Note: Under the Short Term TSS visa stream, the visa applicant must have at least two years of work experience in the occupation that they are being nominated for.
6. Minister of Religion and Religious Assistant salary arrangements
It is a common theme in religious life to live in a vow of poverty, living simply and sharing personal gifts, time and resources with the community and those whom are ministered to. Where an organisation is able to demonstrate that a vow of poverty is required by their organisation, a concession to standard skilled visa salary requirements is available under the MORLA, without separate Ministerial approval being required.
For this concession to be approved, the organisation should, however, demonstrate that they can provide all living needs, including board and lodging, health, education, welfare and any other costs incurred by the Minister of Religion. This is critical in terms of ensuring that the nominee will not need to draw on Australian social services or charity institutions for basic living needs, and will not be at risk of worker exploitation. No concession can be awarded, however, on the basis that a vow of poverty has been declared for Religious Assistants.
Where the vow of poverty concession does not apply, standard skilled visa program salary requirements must be met with the exception that non-monetary benefits can be counted when assessing whether the annual earnings for the equivalent Australian worker and the nominee are at least at the level of TSMIT.
Requesting officers should, however, carefully assess agreement requests where the nominee will not be paid at least $48,510 (i.e. 90% of the TSMIT) in monetary benefits to ensure that market salary rates are being met, and that the nominee will not need to draw on Australian social services or charity institutions for basic living needs, and will not be at risk of worker exploitation.
7. English requirements
Standard short term stream TSS requirements apply unless a concession is awarded because the nominee will be working in a monastic or cloistered environment and hence will have minimal contact with the community outside of their religious organisation
English language requirements for skilled visa programs ensure that overseas workers have sufficient English language skills to effectively and safely work in their nominated occupation. They also maximise each overseas worker’s ability to be an active member of the Australian community, and reduces the risk of exploitation to each overseas worker. The requesting organisation must clearly demonstrate that the nominee is required to have minimal contact with the community outside of their religious organisation. Where the nominee, as part of their duties, is required to interact with members of the community outside of their usual work location, even if they are communicating in a language other than English while performing these duties, this will not be considered as a cloistered or monastic environment.
Permanent visa applicants should demonstrate English proficiency to the level of IELTS 5 with a score of at least 4.5 in each of the four test components or equivalent. Additional English concessions may be available where the nominee is working in the role of a Bishop.
For the ENS visa, where visa applicants can demonstrate completion of at least five years of full-time study in a secondary education institution or higher education institution, where the instruction was delivered in English, they can be deemed to have met the English requirement.
Officers must check that proposed nominees have the required level of English at the LA request stage. If not, they should recommend the request be declined. These requirements are not negotiable under the existing industry template arrangements.
8. Exemptions and summary of industry specific requirements
Company specific agreements – no exemptions without Ministerial approval
A company specific LA cannot be executed if the ANZSCO requirements are not met for the occupation without the approval of the Minister personally.
Industry agreements – limited concessions available
Organisations requesting a LA under certain industry template arrangements have access to specified concessions in terms of salary arrangements as summarised in the table below:
| Minister of Religion | Overseas skilled workers nominated for:
|
9. Occupations, Nomination Ceiling and Location
The table below outlines the occupations that can be utilised under this Agreement for the visa programs specified. It also specifies the nomination ceilings per Year for these Occupations, and where the nominated positions should be based (i.e. location of work).
Notes:
- The Minister may vary the above ceiling numbers and Occupations at any time, with ceiling numbers subject to annual review.
- If the Sponsor wishes to increase the ceilings specified above, they must seek a variation to this Agreement as outlined at clause 5.3 to this Agreement.
- The occupation of Minister of Religion (ANZSCO 272211) for the purposes of this agreement is defined to include bishop positions that would normally be classified under the occupation of Specialist Managers nec (ANZSCO 139999).
- The tasks expected to be undertaken by a Minister of religion or Religious Assistant have also been varied for the purposes of this labour agreement from those listed in the ANZSCO to a limited extent – see Item 3 below.