EXPLANATORY STATEMENT

Migration Regulations 1994

ENGLISH LANGUAGE TESTS AND LEVEL OF ENGLISH ABILITY

FOR GENERAL SKILLED MIGRATION

(REGULATIONS 1.15C & 1.15D & SCHEDULE 2, PARTS 485 & 487)

1. This Instrument is made under regulations 1.17, 1.15C and 1.15D and clauses 485.215 and 487.215 of Schedule 2 of the Migration Regulations 1994 (‘the Regulations’).

2.      Regulation 1.17 provides that the Minister may by notice in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

3.2.Regulation 1.15C(a)(ii) and regulation 1.15D(b) provide that the Minister may specify in an Instrument in writing a score and a language test to be satisfied for the purposes of these regulations.  Regulation 1.15C(b) provides that the Minister may specify in an Instrument in writing a type of passport required to be held for the purposes of regulation 1.15C.

4.3.Paragraph 485.215(c) and paragraph 487.215(e) of  Schedule 2 of the regulations provide that the Minister may specify in an Instrument in writing a language test which an applicant has made arrangements to undergo for the purposes of these provisions.

5.4.The purpose of the Instrument is to specify what is a score for an Occupational English Language test at least equivalent to an International English Language Testing System score as set out in the regulations as a score required for “competent English” or “proficient English”.  Both these tests are language tests for the purposes of paragraph 485.215(c) or paragraph 487.215(e) which require an applicant to have made arrangements to sit one of these tests.

6.5.The Instrument operates to specify what score in an Occupational English Language test will be accepted as being equivalent to that set out in the regulations as an International English Language Testing System score required to be attained for an applicant to be assessed as having either “competent English” or “proficient English”.  Applicants for a subclass 485 or 487 visa can, for the purposes of paragraph 485.215(c) or paragraph 487.215(e), submit evidence that they are scheduled to sit one of the tests that are specified in this Instrument if they have not already sat one of these tests before lodging their application

7.6.Consultation was undertaken before the Instrument was made with key industry bodies, professional organisations, educational institutions and State and Territory Governments. These consultations were undertaken following the 2005 Evaluation of the GSM categories and informed a wide range of reforms to improve GSM programme outcomes, including the introduction of a new GSM visa structure with fewer visa categories.

8.7.This Instrument, IMMI 07/055, commences on 1 September 2007.