Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025

EXPLANATORY STATEMENT

Issued by authority of the Assistant Minister for Immigration

Migration Regulations 1994

Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025

The instrument, departmental reference LIN 25/090, is made under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations).

The instrument repeals and replaces the Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument (LIN 24/022) 2024 (LIN 24/022) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

The instrument commences on 7 August 2025. It is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).

Background

The Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument (LIN 24/022) 2024 (LIN 24/022) commenced on 24 May 2025. That instrument was made under subclause 500.213(3) of Schedule 2 to the Regulations.

Subclause 500.213 of Schedule 2 to the Regulations provides that (see paragraphs 500.213(1) – (3) of Schedule 2):

• if required to do so by the Minister, in writing or by use of a computer program available online, at any time, the applicant gives to the Minister evidence that the applicant has a level of English language proficiency that meets the requirements specified in an instrument under paragraph 500.213(3)(a) of Schedule 2);
• the note under subclause 500.213(1) of Schedule 2 provides that for arrangements for the use of a computer program, see section 495A of the Migration Act 1958;
• subclause 500.213(1) of Schedule to the Regulations does not apply to an applicant within a class of applicants specified in an instrument under paragraph 500.213(3)(b) of Schedule 2;
• the Minister may, by legislative instrument, specify the requirements for the purposes of subclause 500.213(1) of Schedule 2 or a class of applicants to which subclause 500.213(1) of Schedule 2 does not apply (see subclause 500.213(3)(a) - (b) of Schedule 2).

LIN 24/022 provided for the English language proficiency requirements that an applicant may be required to meet to satisfy the criterion for the grant of a Subclass 500 (Student) visa (the Subclass 500 visa), including the following:

• the English language tests that were approved for demonstrating English language proficiency for the purposes of the Subclass 500 visa;
• the required test scores for an applicant in an approved English test;
• the period of time in which the required test scores were required to be obtained; and
• applicants who were exempt from the requirement to undertake English language tests.

LIN 24/022 further provided that pathway programs specified in Schedule 2 to LIN 24/022 will meet the definition of an eligible pathway program. The effect being that applicants enrolled in an eligible pathway program would be able to meet the lower English language test score specified for the English language test in accordance with Schedule 1 of LIN 24/022.

Purpose

The Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) visa) Instrument 2025 is made under subclause 500.213(3) of Schedule 2 to the Regulations.

The purpose of this instrument is to specify the English language proficiency requirements that an applicant may be required to meet to satisfy the criterion for the grant of a Subclass 500 visa. This includes the following:

• the English language tests that are approved for demonstrating English language proficiency for the purposes of the Subclass 500 visa;
• the required English language test scores for an applicant in an approved English language test (as defined in section 4 of LIN 25/090);
• the period of time in which the required English language test scores must be obtained; and
• applicants who are exempt from the requirement to undertake English language tests.

The intent of this instrument is to update the approved English language tests and the required test scores for Australian visas in accordance with the outcome of the Department’s Request for Expression of Interest (REOI) process, which commenced in July 2022. Through that REOI process, this instrument also reflects a change of the English language test providers to give effect to new Deeds of Agreement (Deeds) between the Department and the new test providers.

Consultation

External consultation was undertaken throughout the REOI process by the Department with key departmental committees and industry bodies such as the Education Visa Consultative Committee (EVCC), Australian Health Practitioner Regulation Agency (AHPRA), Law Council of Australia (LCA) and Migration Institute of Australia (MIA). English language test providers were consulted on, and confirmed accuracy of, the English language test names and scores set out in this instrument.

This consultation accords with the consultation requirements in section 17 of the Legislation Act.

Parliamentary scrutiny etc.

The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because in accordance with paragraph 44(2)(b) of the Legislation Act and item 20(b) in regulation 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, instruments made under Schedule 2 of the Regulations are prescribed as being exempt from disallowance. Given the instrument is exempt from disallowance, a statement of compatibility in accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required.

The instrument was made by a delegate of the Minister under and in accordance with subclause 500.213(3) of Schedule 2 to the Regulations.

Details of the instrument

Part 1 – Preliminary

Section 1 – Name

This section provides that the name of the instrument is the Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) visa) Instrument 2025 (the instrument).

Section 2 – Commencement

This section provides that the instrument commences on 7 August 2025.

Section 3 –Authority

This section provides that the instrument is made under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations).

Section 4 –Definitions

This section provides for the definitions in the instrument.

• approved English language test means an English language test that is specified in the requirement in paragraph 6(1)(a) of this instrument.
• approved language test means: see paragraph 8(1)(c) of this instrument.
• Australian Qualifications Framework has the meaning given by section 1 of the Higher Education Support Act 2003.
• Average band score means a test score calculated from the makeup of the scores received for each of the English test components.
• eligible pathway program means a registered course that is specified in an item in the table in Schedule 2 of the instrument for paragraph 6(3)(d) of this instrument.

The note under the definition of eligible pathway program in section 4 of the instrument provides that a pathway program is a course for students who have not met the academic entry requirements for their intended Australian undergraduate university degree. A pathway program leads to a qualification recognised under the Australian Qualifications Framework and provides academic credit and entry to second year undergraduate study.

• Extended Foundation Program has the meaning given by the Education Services for Overseas Students (Foundation Program Standards) Instrument 2021 as in force from time to time.

The note under the definition of Extended Foundation Program in section 4 of the instrument provides that a foundation program is a nationally recognised preparatory course for students who have not met the academic entry requirements for their intended Australian undergraduate university degree. Successful completion of the foundation program provides an academic entry pathway to first year undergraduate study. A foundation program can also be completed as an alternative to an Australian Year 12 certificate. The extended foundation program is of longer duration than the standard foundation program.

• Overall band score means a test score calculated from the makeup of the scores received for each of the English test components.
• principal course means, where the student is enrolled in multiple courses for the purposes of the Subclass 500 visa, the course with the highest Australian Qualifications Framework level.

The note under the definition of principal course in section 4 of the instrument provides that a student may enrol in multiple registered courses for the purposes of a Subclass 500 visa.

• Regulations means the Migration Regulations 1994.
• required minimum English language test score is the score specified, in relation to an approved English language test, in an item in the table in Schedule 1 to this instrument.
• required language test score means: see paragraph 8(1)(d) of this instrument.
• Standard Foundation Program has the meaning given by the Education Services for Overseas Students (Foundation Program Standards) Instrument 2021 as in force from time to time.

The note under the definition of Standard Foundation Program in section 4 of the instrument provides that a foundation program is a nationally recognised preparatory course for students who have not met the academic entry requirements for their intended Australian undergraduate university degree. Successful completion of the foundation program provides an academic entry pathway to first year undergraduate study. A foundation program can also be completed as an alternative to an Australian Year 12 certificate.

• test component: each of the following is a test component of an approved English language test (see paragraphs (a) – (d) of that definition of section 4 of the instrument):

• listening;
• reading;
• speaking;
• writing.

The note under the definition of test component in section 4 of the instrument provides that a number of expressions used in this instrument are defined in regulation 1.03 of the Regulations, including the following (see paragraphs (a) – (e) of that note of section 4 of the instrument):

• Defence student has the meaning given in regulation 1.04B;
• ELICOS means an English Language Intensive Course for Overseas Students that is a registered course;
• Foreign Affairs student: see subregulation 1.04A(3).
• IELTS test means the International English Language Testing System test; and
• Secondary exchange student means an overseas secondary school student participating in a secondary school student exchange program approved by the State or Territory education authority that administers the program.

• Total band score means a test score calculated from the makeup of the scores received for each of the English test components.

Section 5 – Schedules

This Section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2 – English language requirements for Subclass 500 (Student) visa

Section 6 – English language test requirements

Section 6(1) of Part 2 of this instrument provides that the purposes of subclause 500.213(1) of Schedule 2 to the Regulations, the following requirements are specified (see paragraphs 6(1)(a) – (b) of the instrument):

• the applicant must undertake one of the following approved English language tests (see paragraphs 6(1)(a)(i) – (ix) of the instrument):

• Cambridge Advanced Test (C1 Advance);
• Canadian English Language Proficiency Index Program General (CELPIP General);
• International English Language Test System (IELTS) Academic (IELTS Academic);
• International English Language Test System (IELTS) General Training. (IELTS General Training);
• LANGUAGECERT Academic Test (LANGUAGECERT Academic);
• Michigan English Test (MET);
• Occupational English Test (OET);
• Pearson Test of English Academic (PTE Academic);
• Test of English as a Foreign Language internet-Based Test (TOEFL iBT); and

• the applicant must have undertaken the test within the following period (see paragraphs 6(1)(b)(i) – (iii) of the instrument):

• if evidence of the test is provided at the time the applicant makes an application for a Subclass 500 (Student) visa—the 2 year period immediately before the day on which the visa application is made; or
• if evidence of the test is not provided at the time the visa application is made—the 2 year period immediately before the day on which a decision to grant or refuse to grant the visa is made; and
• the applicant meets the requirement in subsection 6(2), (3), or (4) of the instrument.

Subsection 6(2) of Part 2 of the instrument provides that the applicant achieved the required minimum English language test score specified in Column 2 of an item in the table in Schedule 1 of the instrument.

• Subsection 6(3) of Part 3 of the instrument provides for that if the applicant is enrolled in: (see paragraphs 6(3)(a) – (d) of the instrument):

• at least 10 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the Subclass 500 visa application was made; or
• a standard foundation program; or
• an extended foundation program; or
• a registered course that is specified in an item in the table in Schedule 2 of the instrument (an eligible pathway program); and

the applicant achieved the required minimum English language test score specified in Column 3 of an item in the table in Schedule 1 to the instrument, unless the test was a C1 Advanced.

The note under paragraph 6(3)(d) of the instrument provides that a Registered course is defined in regulation 1.03 of the Regulations.

Subsection 6(4) of Part 2 of the instrument provides that if the applicant is enrolled in at least 20 weeks of an ELICOS that accompanies a principal course; and (see paragraph 6(4)(a) of the instrument)

• that principal course is intended to commence after the Subclass 500 visa application was made, the applicant achieved the required minimum English language test score specified in Column 4 of an item in the table in Schedule 1 to the instrument, unless the test was a C1 Advanced.

The effect of section 6 of this instrument is that a Subclass 500 visa applicant will meet the requirements of subclause 500.213(1) of Schedule 2 to the Regulations, where that applicant can satisfy the requirements of paragraphs 6(1)(a), 6(1)(b)(i) or (ii) and 6(1)(b)(iii) of this instrument.

Section 7 – English language test requirements do not apply

Subsection 7(1) of Part 2 of the instrument provides that the purpose of subclause 500.213(2) of Schedule 2 to the Regulations, subclause 500.213(1) of Schedule 2 to the Regulations does not apply to the following classes of applicants (see paragraphs 7(1)(a) – (e) of the instrument):

• a visa applicant who is a citizen of, and who holds a valid passport issued by, one or more of the following countries (see paragraphs 7(1)(a)(i) – (v) of the instrument):

• Canada;
• New Zealand;
• the Republic of Ireland
• the United Kingdom;
• the United States of America;

• a visa applicant who is enrolled in one of the following courses, where that course is the only course of study enrolled in for the purposes of the Subclass 500 visa application (see paragraphs 7(1)(b)(i) – (iv) of the instrument):

• a course of study that is registered to be delivered in a language other than English;
• an ELICOS;
• a registered school course;
• a registered post-graduate research course;

• a visa applicant who is (see paragraphs 7(1)(c)(i) – (iii) of the instrument):

• a Foreign Affairs student; or
• a Defence Student; or
• a Secondary exchange student;

• a visa applicant, who, in the 2 years before applying for a Subclass 500 visa, has successfully completed (see paragraphs 7(1)(d)(i) – (ii) of the instrument):

• the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia and in English; or
• 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 and in English, while the applicant was holding a student visa;

• a visa applicant who has successfully completed a minimum of 5 years of study in English undertaken in one or more of the following countries (see paragraphs 7(1)(e)(i) – (vii) of the instrument):

• Australia;
• Canada;
• New Zealand;
• South Africa;
• the Republic of Ireland;
• the United Kingdom;
• the United States of America.

The effect of section 7 of this instrument is that a Subclass 500 visa applicant is not required to satisfy the requirements of subclause 500.231(1) of Schedule 2 of the Regulations where that applicant falls within one of the classes of applicants mentioned in paragraphs 7(1)(a) to (e) of the instrument in accordance with subclause 500.231(2) of Schedule 2.

Section 8 – Specified evidence of English language proficiency —tests undertaken before commencement of this instrument

Subsection 8 of Part 2 of this instrument provides that for the purposes of subclause 500.213(3) of Schedule 2 to the Regulations, the requirements are specified  in subsection 8(2) of the instrument and recognised as evidence of the English language proficiency of a person, for a person who (see paragraphs 8(1)(a) to (h) of the instrument);

• makes a valid application for a Subclass 500 visa on or after the day this instrument commences; and
• the visa application made by the visa applicant was accompanied by evidence of, that visa applicant:
• has undertaken, one of the approved language tests; specified in subsection 8(2) of the instrument, within the following period (see paragraphs 8(1)(c)(i) – (iii) of this instrument):

• if evidence of test is provided at the time the applicant makes an application for Subclass 500 (Student) visa, no more than 24 months immediately before the day of making the visa application; or
• if evidence of the test is not provided at the time the visa application is made, no more than 24 months immediate before the day on which a decision to grant or to refuse to grant the visa is made, where the application was made by the person mentioned in paragraph 8(1) (a) of the instrument; and
• before the day on which this instrument commences; and

• has achieved the required language test score for the test mentioned in paragraph 8(1)(c) of the instrument, specified in subsection 8(2) of the instrument; or
• the person mentioned in paragraph 8(1)(a) is enrolled in (see paragraphs 8(1)(e)(i) – (iv) of this instrument):

• at least 10 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the visa application mentioned in paragraph 8(1)(a) was made; or
• a standard foundation program; or
• an extended foundation program; or
• a registered course that is specified Schedule 2; (an eligible pathway program); and

• has achieved the required language test score for the test mentioned in paragraph 8(1)(c) of the instrument), specified in subsection 8(2) of the instrument; or
• the person mentioned in paragraph 8(1)(a) is enrolled in at least 20 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the visa application mentioned in paragraph 8(1)(a) of the instrument was made; and
• has achieved the required language test score for the test mentioned in paragraph 8(1)(c), specified in subsection 8(2) of the instrument.

The two notes under paragraph 8(1)(h) of the instrument provide for the following:

• see the definitions of Extended Foundation Program, principal course, Standard Foundation Program in section 4.
• ELICOS and registered course are defined in regulation 1.03 of the Migration Regulation 1994.

 Subsection 8(2) of Part 2 of the instrument provides that for the purposes of paragraph 8(1)(c), (d), (e) to (f) and (g) to (h) of the instrument, the following required English language test scores are specified (see paragraph 8(2)(a) of the instrument) in Schedule 3 to the instrument.

The effect of section 8 of Part 2 of the instrument is that a person will be determined to possess the necessary English language proficiency, where:

• the applicant makes a valid application for a Subclass 500 visa on or after 7 August 2025; and
• the visa application made by that applicant is accompanied by evidence of that visa applicant:
• has undertaken, one of the specified tests in subsection 8(2) of the instrument, within one of the following periods:

• during the period 6 August 2025 and 7 August 2027 (inclusive), immediately before that visa application was made; or
• during the period 6 August 2025 and 7 August 2027 (inclusive), immediately before the decision to grant that visa or to refuse that visa application is made; and
• before the day on which this instrument commences; and

• that applicant achieved the necessary specified test score in subsection 8(2) of the instrument; or
• that applicant is enrolled in:

• at least 10 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the visa application was made; or
• a standard foundation program; or
• an extended foundation program; or
• a registered course that is specified Schedule 2 to the instrument (an eligible pathway program); and

• that applicant achieved the necessary specified test score in subsection 8(2) of the instrument; or

• that applicant is enrolled in at least 20 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the visa application was made; and
• that applicant achieved the necessary specified test score in subsection 8(2) of the instrument.

Part 3 – Application provisions

Section 9 – Application of the instrument

This section of the instrument provides that the instrument applies in relation to an application for a visa that is made on or after the commencement of the instrument.

The effect of section 9 of Part 3 of the instrument is that a Subclass 500 visa applicant will need to satisfy the requirements of section 6 of the instrument for the purposes of satisfying subclause 500.231(1) of Schedule 2 to the Regulations, when an approved English language test (as defined in section 4 of this instrument) is undertaken and the relevant visa application is made on or after 7 August 2025. Unless the applicant is in the class of applicants as detailed in section 7 of the instrument (for the purposes of subclause 500.213(2) of Schedule 2 to the Regulations).

Schedule 1 – Required English language test scores

Schedule 1 to the instrument provides for the required English language test scores in a table under this Schedule for the purposes of paragraph 6(1)(b)(iii) of the instrument.

Schedule 2 – Specified eligible pathway programs

Schedule 2 to the instrument provides for registered courses specified for paragraph 6(3)(d) of the instrument as an eligible pathway program in a table under this Schedule.

Schedule 3 – Required language test scores

Schedule 3 to the instrument provides for the required language test scores in a table under this Schedule for the purposes of subsection 8(2) of the instrument.

Schedule 4 – Repeals

Item 1 of Schedule 4 to the instrument repeals the Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument (LIN 24/022) 2024 in its entirety.