Migration Regulations 1994 - Specification of Language Tests, Score and Passports

Migration Regulations 1994 - Specification of Language Tests, Score and Passports - IMMI 12/018

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Commonwealth of Australia

Migration Regulations 1994

LANGUAGE TESTS, SCORE AND PASSPORTS
(Regulations 1.15B, 1.15C, 1.15D, 1.15E and 1.15EA)

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under regulations 1.15B, 1.15C, 1.15D, 1.15E and 1.15EA to the Migration Regulations 1994 (‘the Regulations’):

1.             REVOKE Instrument number IMMI 11/036 signed on 16 June 2011 specifying scores for the purposes of regulations 1.15C, 1.15D, 1.15E and 1.15EA, passports for the purposes of regulation 1.15C and English tests for the purposes of clause 487.215; AND
2.             SPECIFY for applications lodged before 1 July 2012 tests, test scores and passports, as follows:
A.    For the purposes of subparagraph 1.15C(a)(i) the following language tests:
·         an International English Language Test System (IELTS test); and
·         an Occupational English Test (OET).
B.     For the purposes of subparagraph 1.15C(a)(iii) the following scores:
·         an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening; or
·         a score of at least ‘B’ in each of the four components of an OET.
C.     For the purposes of paragraph 1.15C(b) a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or Republic of Ireland, to a citizen of that country.
D.    For the purposes of paragraph 1.15D(a) the following language tests:
·         an IELTS test; and
·         an OET.
E.     For the purposes of paragraph 1.15D(c) the following scores:
·         an IELTS test score of at least 7 for each of the 4 test components of speaking, reading, writing and listening; or
·         a score of at least “B” in each of the four components of an OET.
F.      For the purposes of paragraph 1.15E(a) the following language test:
·         an IELTS test.
G.    For the purposes of paragraph 1.15E(c) the following scores:
·         an IELTS test average band score of at least 6 for the 4 test components of speaking, reading, writing and listening.
H.    For the purposes of paragraph 1.15EA(a) the following tests:
·         an IELTS test; and
·         an OET.
I.       For the purposes of paragraph 1.15EA(c) the following scores:
·         an IELTS score of at least 8 in each of the 4 test components of speaking, reading, writing and listening; or
·         a score of at least “A” in each of the four components of an OET.

3.             SPECIFY for applications lodged on and after 1 July 2012 tests, test scores and passports as follows:
A.    For the purposes of paragraph 1.15B(1)(a) of the Regulations the following language tests:
·         an International English Language Test System (IELTS test); and
·         an Occupational English Test (OET).
B.     For the purposes of paragraph 1.15B(1)(c) of the Regulations the following test scores:
·         an IELTS test score of at least 5 for each of the 4 test components of speaking, reading, writing and listening; or
·         a score of at least “B” in each of the four components of an OET.
C.     For the purposes of subregulation 1.15B(2) a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or Republic of Ireland, to a citizen of that country.
D.    For the purposes of paragraph 1.15C (1)(a) the following language tests:
·         an IELTS test; and
·         an OET.
E.     For the purposes of paragraph 1.15C(1)(c) the following scores:
·         an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening; or
·         a score of at least ‘B’ in each of the four components of an OET.
F.      For the purposes of subregulation 1.15C(2) a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or Republic of Ireland, to a citizen of that country.
G.    For the purposes of paragraph 1.15D(a) the following language tests:
·         an IELTS test; and
·         an OET.
H.    For the purposes of paragraph 1.15D(c) the following scores:
·         an IELTS test score of at least 7 for each of the 4 test components of speaking, reading, writing and listening; or
·         a score of at least “B” in each of the four components of an OET.
I.       For the purposes of paragraph 1.15EA(a) the following tests:
·         an IELTS test; and
·         an OET.
J.       For the purposes of paragraph 1.15EA(c) the following scores:
·         an IELTS score of at least 8 in each of the 4 test components of speaking, reading, writing and listening; or
·         a score of at least “A” in each of the four components of an OET.

This Instrument number IMMI 12/018, commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).

Dated 12 June 2012

CHRIS BOWEN
Minister for Immigration and Citizenship

[NOTE 1: Subparagraph 1.15C(a) of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had competent English, if the person satisfied the Minister that they had undertaken a language test specified by the Minister in an instrument in writing; and that the test was conducted in the 2 years immediately before the day on which the application was made; and, that the person achieved a score specified in the instrument.
NOTE 2:    Subparagraph 1.15C(b) of the Regulations, prior to the commencement of Migration Amendment Regulation (No. 2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, that person had competent English if they satisfied the Minister that they held a passport of a type specified by the Minister in an instrument in writing.
NOTE 3:    Paragraph 1.15D of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had proficient English if the person satisfied the Minister that; the person had undertaken a language test specified by the Minister in an instrument in writing; and, the test was conducted in the 2 years immediately before the day on which the application was made; and, the person achieved a score specified in the instrument.
NOTE 4:    Paragraph 1.15E of the Regulations provides that if a person applies for a General Skilled Migration visa, the person has concessional competent English if the person satisfies the Minister that; the person has undertaken a language test specified by the Minister in an instrument in writing; and, the test was conducted in the 2 years immediately before the day on which the application was made; and, the person achieved a score specified in the instrument.
NOTE 5:    Paragraph 1.15EA of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had superior English if the person satisfied the Minister that; the person had undertaken a language test specified by the Minister in an instrument in writing; and, the test was conducted in the 2 years immediately before the day on which the application was made; and, the person achieved a score specified in the instrument.


NOTE 6:    Subregulation 1.15B(1) of the Regulations provides that a person has vocational English if that person undertook a language test, specified by the Minister in an instrument in writing and the test was conducted in the 3 years immediately before the day on which the application was made and the person achieved a score specified in the instrument.
NOTE 7:    Subregulation 1.15B(2) of the Regulations provides that a person has vocational English if the person holds a passport of a type specified by the Minister in an instrument in writing for that subregulation.
NOTE 8:    Subregulation 1.15C(1) of the Regulations provides that a person has competent English if the person undertook a language test, specified by the Minister in an instrument in writing and the test was conducted in the 3 years immediately before the day on which the application was made and the person achieved a score specified in the instrument.
NOTE 9:    Subregulation 1.15C(2) of the Regulations provides that a person has competent English if the person holds a passport of a type specified by the Minister in an instrument in writing for that subregulation.
NOTE 10: Regulation 1.15D of the Regulations provides that a person has proficient English if the person undertook a language test, specified by the Minister in an instrument in writing and the test was conducted in the 3 years immediately before the day on which the application was made and the person achieved a score specified in the instrument.
NOTE 11: Regulation 1.15EA of the Regulations provides that a person has superior English if the person undertook a language test, specified by the Minister in an instrument in writing and the test was conducted in the 3 years immediately before the day on which the application was made and the person achieved a score specified in the instrument.]