EXPLANATORY STATEMENT
Migration Regulations 1994
LANGUAGE TEST, SCORE AND PASSPORTS FOR GENERAL SKILLED MIGRATION
(REGULATIONS 1.15C, 1.15D 1.15E, AND 1.15EA AND CLAUSE 487.215)
- This Instrument is made under regulations 1.15C, 1.15D, 1.15E and 1.15EA and clause 487.215 of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’).
2. Subparagraph 1.15C(a) of the Regulations provides that if a person applies for a General Skilled Migration visa, the person has competent English if the person satisfied the Minister that the person undertook a language test, specified by the Minister in an instrument in writing; and the test was conducted in the 2 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.
3. Subparagraph 1.15C(b) of the Regulations provides that if a person applies for a General Skilled Migration visa, the person has competent English if the person satisfied the Minister that the person holds a passport of a type specified by the Minister in an instrument in writing.
4. Paragraph 1.15D of the Regulations provides that if a person applies for a General Skilled Migration visa, the person has proficient English if the person satisfies the Minister that the person undertook a language test, specified by the Minister in an instrument in writing and the test was conducted in the 2 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.
5. Paragraph 1.15E of the Regulations provides that if a person applies for a General Skilled Migration visa, the person has concessional competent English if the person satisfies the Minister that the person undertook a language test, specified by the Minister in an instrument in writing; and the test was conducted in the 2 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.
6. Subparagraph 1.15EA of the Regulations provides that that if a person applies for a General Skilled Migration visa, the person has superior English if the person satisfies the Minister that the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and the test was conducted in the 2 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.
7. The purpose of the Instrument is to include details of accepted English language tests and required scores for the purposes of General Skilled Migration within a Legislative Instrument rather than the Migration Regulations 1994.
8. The instrument operates to define English proficiency for General Skilled Migration visa purposes and the test scores which may be used to prove this proficiency. ‘General Skilled Migration’ is defined in regulation 1.03 to mean a subclass 175, 176, 475, 476, 485, 487, 885, 886 and 887 visa, granted at any time.
9. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
10. The Office of Best Practice Regulation was consulted in relation to the new points test and has advised that a Regulatory Impact Statement is not required (OBPR Reference 11343).
11. The instrument commences on 1 July 2011, immediately after the commencement of Migration Amendment Regulations 2011 (No. 3).