Visas for Religious Workers – Religions for Peace Australia

Department of Home Affairs Logo Religious workers from all faith traditions enter Australia and seek to stay long term and take up an appointment. Other religious workers (this is a specific term with special meaning that applies to all faith traditions) arrive to stay for specific projects and for short term purposes. Here, we examine the requirements for these temporary and permanent immigrants as set out by the Department of Home Affairs. The information given here has been superseded. Go here to see the Changes to the Minister of Religion Labour Agreement

Overview

Some religious institutions experience difficulties obtaining visas for religious workers as there is misunderstanding, language issues and confusion between the Minister of Religion Labour Agreement and the Religious Worker Visa (subclass 408 visa).

Further below, under the Religious Worker visa, it is advised that religious workers can be sponsored for positions such as ministers, priests, monks, nuns, deacons, rabbis and imams and other trained religious leadership roles within a religious organisation.

However, we have been advised that there is discomfort with the terms and conditions of visas which appear to be couched in terms of Christianity and not directly addressing the status of (ministers) (religious workers) of other religious traditions and new religious movements.

What is offered below is an extract from a presentation by the Department of Home Affairs to the Australian Sangha Association (Buddhists).

Religions for Peace Australia takes no responsibility for the information provided below. Those who seek to obtain visas for their religious personnel are advised to approach the Department of Home Affairs directly. Information is given below.

Labour Agreements

The Minister of Religion Labour Agreement (MoRLA) is an industry agreement that allows religious organisations to sponsor overseas workers as Minister of Religion or Religious Assistant .

Visa Subclasses

Sponsors who have a MoRLA are able to nominate positions for:

Temporary Skill Shortage (TSS) visa (subclass 482); and
the Employer Nomination Scheme (ENS) visa (subclass 186).

Direct Entry subclass 186 visa is only available where it can be demonstrated that a Minister of Religion is most senior in Australia, a state, or a region of Australia.

Sponsor must be a religious institution
The requesting organisation must be a religious organisation, as defined in the Migration Regulations:

(a) the activities reflect that it is a body instituted for the promotion of a religious object
(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
(ii) accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws
(c) meet the requirements of section 50-50 of the Income Tax Assessment Act 1997
(d) their income must be exempt from income tax under section 50-1 of that Act.

English Language Requirements:

Overseas skilled workers nominated for:

a Temporary Skill Shortage (TSS) visa must meet English language requirements in place for the Short-term stream of the TSS visa unless they are awarded a concession on the basis that they are working in a cloistered or monastic environment
an Employer Nomination Scheme (ENS) visa can be considered to have sufficient English to perform the nominated occupation if they demonstrate an International English Language Testing System (IELTS) overall test score of at least 5.0 with a score of at least 4.5 in each of the four test components, or equivalent.

Skills, Qualifications and Experience

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)

and

minimum qualifications equivalent to a relevant Australian Qualification Framework (AQF) bachelor degree (must be a listed as a recognised institution with The Department of Education and Training)

or
undertaken at least five years of relevant structured training or instruction. Experience does not meet this criterion.

Religious Assistants must have:

the relevant qualifications equivalent to a relevant AQF Certificate II or III (ANZSCO Skill Level 4);

at least 2 years of relevant experience as a substitute for the formal qualification listed above.

Age Requirements

There are no age requirements in place for the Temporary Skill Shortage (TSS) visa.

Visa applicants must be no more than 60 years of age at time of visa application for an Employer Nomination Scheme (ENS) visa.

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 Temporary Skilled Migration Income Threshold (TSMIT). The TSMIT is currently $53,900, but is increasing to $70,000 on 1/7/2023.

For Religious Assistants:
The above requirements apply, however, no concessions can be awarded on the basis that a vow of poverty has been declared.

Clarification:

Where is it demonstrated that the nominee has undertaken a vow of poverty, a concession may be provided.

In some religious organisations it is way of 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 must 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.

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 the Temporary Skilled Migration Income Threshold (TSMIT).

Exceptions to this Standard:

Labour Market Testing (LMT) is not required under this labour agreement type.

The Skilling Australians Fund (SAF) levy does not apply to this labour agreement type.

Requesting a Labour Agreement

Additional information is available on the Department of Home Affairs website, and this can determine if your organisation meets the minimum requirements. You should also check that you are able to provide the supporting documentation at the time lodgement via ImmiAccount.

Requesting a Deed of Variation to the existing MoRLA:
Email the Department at labour.agreement.section@homeaffairs.gov.au to request the current business case pro forma.
Complete the pro forma, and return it with all supporting documentation to labour.agreement.section@homeaffairs.gov.au

Where to find more information:

Information on Labour Agreements can be found on the Home Affairs website at:
https://immi.homeaffairs.gov.au/employer-subsite/files/labour-agreement-template.minister-of-religion.pdf
https://www.homeaffairs.gov.au/trav/work/empl/labour-agreements
https://immi.homeaffairs.gov.au/what-we-do/skilled-migration-program/recent-changes/changes-to-the-minister-of-religion-labour-agreement
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-skill-shortage-482/labour-agreement-stream
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186/labour-agreement-stream

Temporary Activity Visa (subclass 408)

Temporary Activities Sponsor

A Religious institution is defined as a body:

The activities of which reflect that it is a body instituted for the promotion of a religious object
That meets the requirements of s50-50 of the Income Tax Assessment Act 1997
The income of which is exempt from income tax under s50-1 of that Act
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

Clarification

In most parts of Australia, religious premises must be approved by local government for the purpose of religious activities.

Religious Worker

This activity type is for people to undertake full-time religious work that directly serves the religious objectives of a religious institution in Australia.

You might be eligible for this activity type if you:

intend to do full-time religious work that directly serves the religious objectives of the religious institution (religious work includes providing spiritual leadership, conducting worship, teaching or guidance on religion, ministering in pastoral care or proselytising, and other high-level specialist work in relation to these areas).
have the relevant qualifications and/or experience to perform the proposed religious work.

Clarification

This activity type is not appropriate for persons who, as their main purpose of stay, are seeking entry to:

provide ancillary support to a religious institution such as domestic work, preparing magazines/newsletters, providing meals for the community or
be involved in building or construction projects for a religious institution or
undertake training or courses to attain a qualification within the institution or organisation or
provide pastoral care that does not require, or is not conducted by, a qualified religious worker (such as a teacher looking after the social and personal well-being of children and young adults) or
engage in any other activities not directly related to the religious objectives of an institution.

Religious Work
The Sponsor must provide satisfactory evidence that the visa applicant is intending to undertake work in Australia that:

Is full-time (at least 38 hours/week)
Have a suitable employment contract that meets the standard of the Australian legislation and awards
Is predominately non-profit in nature

Directly serves the religious objectives of the religious institution

Visa applicant must demonstrate:

Qualifications and experience relevant to the position
Have adequate private health insurance
Meet health and character requirements

Clarification

Religious workers can be sponsored for positions such as ministers, priests, monks, nuns, deacons, rabbis and imams and other trained religious leadership roles within a religious organisation.

Information on Temporary Activity visa (subclass 408) can be found on the Home Affairs website at:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-activity-408