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)
- 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.
Overview
The Migration Regulations 1994, as amended by the F2007L02688 Instrument, address the need for clear and consistent standards in assessing the English language proficiency of applicants for skilled migration visas under subclasses 485 and 487. Enacted by the Minister for Immigration and Citizenship, the instrument aims to provide clarity on the equivalence between Occupational English Test (OET) scores and International English Language Testing System (IELTS) scores for visa eligibility. This legislative update was intended to ensure that the assessment of English language skills for skilled migrants is transparent and standardised, thereby improving the integrity and efficiency of the migration process. The policy objective behind this reform is to maintain high standards of English proficiency among skilled migrants, which is crucial for their integration and contribution to the Australian workforce.
Scope and Application
The Migration Regulations 1994, as amended by the Instrument F2007L02688, apply to individuals seeking to obtain a subclass 485 or 487 visa under the general skilled migration (GSM) category. This legislation specifically addresses the English language proficiency requirements necessary for applicants to be assessed as having either "competent English" or "proficient English". The regulations specify the scores required on certain language tests, including the Occupational English Test and the International English Language Testing System (IELTS). The Minister for Immigration has the authority to specify these scores and the types of passports required through written instruments, as outlined in regulations 1.15C, 1.15D, and clauses 485.215 and 487.215 of Schedule 2. The regulations also allow applicants to provide evidence of their intention to sit specified English language tests if they have not already done so. This legislation applies on a national level across Australia and is effective from 1 September 2007.
Key Provisions
The main operative sections of this legislation (sections 1.15C and 1.15D) allow the Minister to specify a score in an Occupational English Language test that is equivalent to a score in an International English Language Testing System. This specification is for the purposes of determining if an applicant has “competent English” or “proficient English” as required by the regulations. Specifically, regulation 1.15C(a)(ii) and regulation 1.15D(b) permit the Minister to specify these scores in an Instrument in writing. Additionally, regulation 1.15C(b) allows for the specification of the type of passport required for these purposes. These provisions are intended to ensure that applicants for a subclass 485 or 487 visa can demonstrate their English proficiency through the specified tests.
The obligations imposed by these regulations are primarily on applicants seeking a subclass 485 or 487 visa. Applicants must provide evidence that they have made arrangements to sit one of the specified language tests if they have not already done so. This evidence must demonstrate that they are scheduled to sit one of the tests that have been specified in the Instrument. Furthermore, applicants must achieve the scores specified in the regulations to be assessed as having “competent English” or “proficient English”. These requirements are integral to the application process for general skilled migration under the Migration Regulations 1994.
The legislation also outlines the consequences for non-compliance. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the text provided, it is implied that failure to meet the specified English language requirements could result in the rejection of a visa application. Under the Migration Act 1958, there are potential penalties for providing false or misleading information, which can include fines and imprisonment. The maximum penalties for such offences are specified in the Act, but they are not explicitly stated in the provided text. Compliance with these regulations is therefore crucial for applicants to successfully obtain the desired visa subclass.