Migration Regulations 1994 - Specification of Language Tests, Score and Passports - IMMI 12/018

Administered by Department of Home Affairs

Legislation au F2012L01287 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

LANGUAGE TEST, SCORE AND PASSPORTS

(Regulations 1.15B, 1.15C, 1.15D, 1.15E and 1.15EA)

 

  1. This Instrument is made under regulations 1.15B, 1.15C, 1.15D, 1.15E and 1.15EA of the Migration Regulations 1994 (‘the Regulations’).
     
  2. This Instrument revokes Instrument number IMMI 11/036 signed on 16 June 2011. This change is necessary for the implementation of the SkillSelect online system.
     
  3. The Instrument comprises two substantive paragraphs. Paragraph 2 provides for those applications lodged prior to 1 July 2012 and the Regulations in effect at that time that only applied to General Skilled Migration (GSM) visas. Paragraph 3 provides for applications lodged on or after 1 July 2012 and include GSM visas as well as new Employer Nominated Scheme and  Regional Sponsored Migration Scheme visas to commence on 1 July 2012 and for points test scores for a new Business Skills visa. There are no revisions to the English language tests, scores and passports for applications made prior to 1 July 2012 and addressed in paragraph 2 of the Instrument.
     
  4. Subparagraph 1.15C(a) of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had competent English, if the person satisfied the Minister that they had undertaken a language test specified by the Minister in an instrument in writing; and that the test was conducted in the 2 years immediately before the day on which the application was made; and, that the person achieved a score specified in the instrument.
     
  5. Subparagraph 1.15C(b) of the Regulations, prior to the commencement of Migration Amendment Regulation (No. 2) 2012 on 1 July 2012, provided that if a person applied for a  General Skilled Migration visa, that person had competent English if they satisfied the Minister that they held a passport of a type specified by the Minister in an instrument in writing.
     
  6. Paragraph 1.15D of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had proficient English if the person satisfied the Minister that; the person had undertaken 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.
     
  7. 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 has undertaken 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.
     
  8. Paragraph 1.15EA of the Regulations, prior to the commencement of Migration Amendment Regulation (No.2) 2012 on 1 July 2012, provided that if a person applied for a General Skilled Migration visa, the person had superior English if the person satisfied the Minister that; the person had undertaken 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.

 

9.                  Subparagraph 1.15B(1) of the Regulations provides that a person has vocational English if that the person undertook a language test, specified by the Minister in an instrument in writing; and the test was conducted in the 3 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.

 

10.              Subparagraph 1.15B(2) of the Regulations provides that a person has vocational English if that person holds a passport of a type specified by the Minister in an instrument in writing.

 

11.              Subparagraph 1.15C(1) of the Regulations provides that a person has competent English if the person undertook a language test, specified by the Minister in an instrument in writing; and the test was conducted in the 3 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.

 

12.              Subparagraph 1.15C(2) of the Regulations provides that a 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.

 

13.              Paragraph 1.15D of the Regulations provides that a person has proficient English if the person undertook a language test, specified by the Minister in an instrument in writing and the test was conducted in the 3 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument.

 

14.              Paragraph 1.15EA of the Regulations provides that a person has superior English if 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 3 years immediately before the day on which the application was made; and the person achieved a score specified in the instrument. This applies only to applications lodged from 1 July 2012.

 

15.              The period of currency for English tests for vocational, competent, proficient and superior English has been increased in the Regulations from 2 to 3 years to provide greater flexibility for prospective migrants who are invited to apply for a visa after submitting an Expression of Interest through SkillSelect.

 

16.              The purpose of the Instrument is to include details of accepted English language tests and required scores within a Legislative Instrument rather than the Migration Regulations 1994.

 

17.              The instrument operates to define English proficiency and the test scores which may be used to prove this proficiency. 
 

18.               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.

 

19.              Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

 

20.              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 13150).

 

21.               The instrument commences on 1 July 2012, immediately after the commencement of Migration Amendment Regulation 2012 (No. 2).

 

Overview

The Migration Regulations 1994, enacted by the Parliament of Australia, provide a comprehensive framework for the regulation of migration, including the assessment of English language proficiency of visa applicants. The explanatory statement for the Migration Regulations 1994 (Language Test, Score and Passports) details amendments made to the existing regulations to better align with the SkillSelect online system. This system was introduced to streamline the processing of skilled migration applications, including those for General Skilled Migration, Employer Nominated Scheme, and Regional Sponsored Migration Scheme visas. The explanatory statement highlights that the purpose of the instrument is to include details of accepted English language tests and required scores within a legislative instrument rather than the Migration Regulations 1994, thereby providing greater flexibility for prospective migrants. Additionally, the explanatory statement notes that the period of currency for English tests for vocational, competent, proficient, and superior English has been increased from 2 to 3 years. This change aims to accommodate prospective migrants who are invited to apply for a visa after submitting an Expression of Interest through SkillSelect, ensuring that they have sufficient time to prepare for and undertake the necessary English language tests.

Scope and Application

The Migration Regulations 1994 (the Regulations) are subject to amendments through subordinate legislative instruments such as F2012L01287, which specifies the English language requirements for visa applicants under various schemes, including General Skilled Migration, Employer Nominated Scheme, and Regional Sponsored Migration Scheme visas, effective from 1 July 2012. This particular instrument outlines the English language tests and scores necessary to demonstrate proficiency in English for visa applicants, detailing the types of accepted tests and the scores required to prove competency, proficient, concessional competent, and superior English. The instrument also extends the period of currency for English tests from 2 to 3 years, providing flexibility for prospective migrants. It applies to applications made on or after 1 July 2012, and the details of accepted tests and required scores are delineated within this legislative instrument rather than the main body of the Regulations. This approach streamlines the administrative process by centralising the specific requirements in a dedicated instrument, thereby avoiding unnecessary complexity in the primary legislation.

Key Provisions

The Migration Regulations 1994, as amended by F2012L01287, include provisions that define the English language requirements for various visa categories, specifically for those applying on or after 1 July 2012. Subparagraph 1.15B(1) stipulates that a person has vocational English if they have taken a language test specified in writing by the Minister and conducted within the past three years, achieving a score set out in the instrument. Subparagraph 1.15B(2) further clarifies that a person can demonstrate vocational English by holding a passport type specified by the Minister in writing. Subparagraphs 1.15C(1) and 1.15C(2) detail the conditions for competent English, which also involves passing a language test within the last three years or holding a specific type of passport. Paragraph 1.15D specifies that proficient English is attained through passing a language test within the last three years and achieving a particular score, while paragraph 1.15EA outlines the requirements for superior English, which includes passing a language test within the last three years and achieving a certain score. These provisions apply to applications lodged from 1 July 2012 onwards. Entities and individuals subject to these regulations must ensure they meet the outlined criteria for English proficiency by either passing the specified language tests within the stipulated timeframe or holding a passport of the type approved by the Minister. For those applying under the General Skilled Migration (GSM) visas, Employer Nominated Scheme (ENS) visas, and Regional Sponsored Migration Scheme (RSMS) visas, it is imperative that they provide evidence of their English proficiency as per the regulations. The types of acceptable English tests and the required scores are specified in the legislative instrument, and applicants must furnish the relevant documentation to satisfy these requirements. The regulations impose strict consequences for non-compliance with the English language requirements. Any person found to have misrepresented their English proficiency or failed to provide the necessary evidence could face significant repercussions. While the specific penalties are not detailed within the explanatory statement, it is clear that failure to comply with these provisions could lead to visa applications being refused or, in more severe cases, legal action being taken against the applicant. The regulations emphasize the importance of accurate and truthful documentation to ensure the integrity of the visa application process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.