EXPLANATORY STATEMENT
Migration Regulations 1994
ENGLISH LANGUAGE TESTS
FOR GENERAL SKILLED MIGRATION
(REGULATIONS 1.15C, 1.15D AND SCHEDULE 2, CLAUSE 487.215)
- This Instrument is made under regulations 1.15C and 1.15D and clauses 485.215 and 487.215 of Schedule 2 of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.15C(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.
3. Paragraph 487.215(e) of Schedule 2 of the regulations provides 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.
4. Clause 485.215 has been repealed from the Regulations and there is nothing specified in the instrument for the purposes of this clause.
5. 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 487.215(e) which requires an applicant to have made arrangements to sit one of these tests.
6. 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 487 visa can, for the purposes of 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. The Instrument also specifies passports for the purposes of paragraph 1.15C and clarifies that the passport must be valid and must be issued by the relevant country to a citizen of that country.
8. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not required as the amendment is of a minor and machinery nature
9. This Instrument, IMMI 09/073, commences on 1 July 2009.