Migration Regulations 1994 Specification of English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas 2016 IMMI 16/019 (Cth)

Commonwealth of Australia

Migration Regulations 1994

ENGLISH LANGUAGE TESTS AND EVIDENCE EXEMPTIONS FOR SUBCLASS 500 (STUDENT) VISAS 2016/019

(Subclause 500.213(3))

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations):

1. SPECIFY for the purposes of paragraph 500.213(3)(a) of Schedule 2 to the Regulations:

   a.the requirement to use one or more of the English language test providers listed in Schedule 1 to this Instrument; and

   b.the requirement to achieve the relevant English language test score listed in Schedule 2 to this Instrument in a test provided by the relevant English language test provider mentioned in item 1 of this Instrument; and

   c.countries, listed in Schedule 3 to this Instrument, where an applicant may take a Test of English as a Foreign Language (TOEFL) paper-based test; and

   d.the maximum time periods in which an English test must be taken:

   i.two years immediately before the date the application is made; or

   ii.two years immediately before a decision is made on the application.

2. SPECIFY for the purposes of paragraph 500.213(3)(b) of Schedule 2 to the Regulations, classes of applicants to which subclause 500.213(1) of Schedule 2 to the Regulations does not apply, as stated in subclause 500.213(2) of Schedule 2 to the Regulations :

   a.an applicant who is a citizen of, and holds a valid passport issued by:

   i.the United Kingdom;

   ii.the United States of America;

   iii.Canada;

   iv.New Zealand; or

   v.the Republic of Ireland; or

   b.an applicant who is enrolled in a principal course of study  and that principal course of study is:

   i.registered to be delivered in a language other than English;

   ii.a registered ELICOS course, as defined in regulation 1.03 of the Regulations;

   iii.a registered school course; or

   iv.a registered post-graduate research course; or

   c.an applicants who is a:

   i.Foreign Affairs student;

   ii.Defence Student; or

   iii.secondary exchange students; or

   d.in the two years before applying for a Subclass 500 (Student) visa,  an applicant has successfully completed:

   i.the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia in English; or

   ii.a substantial component of a course leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher that was conducted in Australia in English while the applicant was holding a Student visa; or

   e.an applicant who has successfully completed a minimum of 5 years of study in English undertaken in one or more of the following countries:

   i.Australia;

   ii.Canada;

   iii.New Zealand;

   iv.South Africa;

   v.the Republic of Ireland;

   vi.the United Kingdom; and/or

   vii.the United States of America.

This Instrument, English Language Tests and Exemptions for Student (Subclass 500)
Visas 2016/019, IMMI 16/019, commences immediately after the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016.

Dated: 29 April 2016

Peter Dutton

THE HON PETER DUTTON MP
Minister for Immigration and Border Protection

SCHEDULE 1

English language test providers:
1.	International English Language Testing System (IELTS test)
2.	Test of English as a Foreign Language (TOEFL) Paper-Based test
3.	TOEFL internet-based test (also known as TOEFL iBT)
4.	Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English)
5.	Pearson Test of English Academic (PTE)
6.	Occupational English Test (OET)

SCHEDULE 2

English test:	Minimum test score:
1	IELTS	Overall band score 5.5; or Overall band score 5 if packaged with at least 10 weeks’ ELICOS; or Overall band score of 4.5 if packaged with at least 20 weeks’ ELICOS.
2	TOEFL Paper-Based test	527; or 500, if packaged with at least 10 weeks’ ELICOS; or 450, if packaged with at least 20 weeks’ ELICOS.
3	TOEFL iBT	46; or 35, if packaged with at least 10 weeks’ ELICOS; or 32, if packaged with at least 20 weeks’ ELICOS.
4	CAE	162; or 154, if packaged with at least 10 weeks’ ELICOS; or 147, if packaged with at least 20 weeks’ ELICOS.
2	PTE	42; or 36, if packaged with at least 10 weeks’ ELICOS; or 30, if packaged with at least 20 weeks’ ELICOS.
5	OET	‘PASS’ mark

SCHEDULE 3

Countries in which an applicant may take a TOEFL paper-based test:
Belarus	Kyrgyzstan	Tajikistan
Ecuador	Mali	Tanzania
El Salvador	Moldova	Uganda
Guatemala	Solomon Islands	Uzbekistan
Honduras	Suriname