Commonwealth of Australia Migration Regulations 1994
ENGLISH LANGUAGE TESTS AND EVIDENCE EXEMPTIONS FOR SUBCLASS 500 (STUDENT) VISAS 2016/019
(Subclause 500.213(3))
I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations):
1. SPECIFY for the purposes of paragraph 500.213(3)(a) of Schedule 2 to the Regulations:
a. the requirement to use one or more of the English language test providers listed in Schedule 1 to this Instrument; and
b. the requirement to achieve the relevant English language test score listed in Schedule 2 to this Instrument in a test provided by the relevant English language test provider mentioned in item 1 of this Instrument; and
c. countries, listed in Schedule 3 to this Instrument, where an applicant may take a Test of English as a Foreign Language (TOEFL) paper-based test; and
d. the maximum time periods in which an English test must be taken:
i. two years immediately before the date the application is made; or
ii. two years immediately before a decision is made on the application.
2. SPECIFY for the purposes of paragraph 500.213(3)(b) of Schedule 2 to the Regulations, classes of applicants to which subclause 500.213(1) of Schedule 2 to the Regulations does not apply, as stated in subclause 500.213(2) of Schedule 2 to the Regulations :
a. an applicant who is a citizen of, and holds a valid passport issued by:
i. the United Kingdom;
ii. the United States of America;
iii. Canada;
iv. New Zealand; or
v. the Republic of Ireland; or
b. an applicant who is enrolled in a principal course of study and that principal course of study is:
i. registered to be delivered in a language other than English;
ii. a registered ELICOS course, as defined in regulation 1.03 of the Regulations;
iii. a registered school course; or
iv. a registered post-graduate research course; or
c. an applicants who is a:
i. Foreign Affairs student;
ii. Defence Student; or
iii. secondary exchange students; or
d. in the two years before applying for a Subclass 500 (Student) visa, an applicant has successfully completed:
i. the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia in English; or
ii. a substantial component of a course leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher that was conducted in Australia in English while the applicant was holding a Student visa; or
e. an applicant who has successfully completed a minimum of 5 years of study in English undertaken in one or more of the following countries:
i. Australia;
ii. Canada;
iii. New Zealand;
iv. South Africa;
v. the Republic of Ireland;
vi. the United Kingdom; and/or
vii. the United States of America.
This Instrument, English Language Tests and Exemptions for Student (Subclass 500)
Visas 2016/019, IMMI 16/019, commences immediately after the commencement of Schedule 4 of the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016.
Dated: 29 April 2016
Peter Dutton
THE HON PETER DUTTON MP
Minister for Immigration and Border Protection
SCHEDULE 1
English language test providers: |
1. | International English Language Testing System (IELTS test) |
2. | Test of English as a Foreign Language (TOEFL) Paper-Based test |
3. | TOEFL internet-based test (also known as TOEFL iBT) |
4. | Cambridge English: Advanced (CAE) test (also known as Certificate in Advanced English) |
5. | Pearson Test of English Academic (PTE) |
6. | Occupational English Test (OET) |
SCHEDULE 2
| English test: | Minimum test score: |
1 | IELTS | Overall band score 5.5; or Overall band score 5 if packaged with at least 10 weeks’ ELICOS; or Overall band score of 4.5 if packaged with at least 20 weeks’ ELICOS. |
2 | TOEFL Paper-Based test | 527; or 500, if packaged with at least 10 weeks’ ELICOS; or 450, if packaged with at least 20 weeks’ ELICOS. |
3 | TOEFL iBT | 46; or 35, if packaged with at least 10 weeks’ ELICOS; or 32, if packaged with at least 20 weeks’ ELICOS. |
4 | CAE | 162; or 154, if packaged with at least 10 weeks’ ELICOS; or 147, if packaged with at least 20 weeks’ ELICOS. |
2 | PTE | 42; or 36, if packaged with at least 10 weeks’ ELICOS; or 30, if packaged with at least 20 weeks’ ELICOS. |
5 | OET | ‘PASS’ mark |
SCHEDULE 3
Countries in which an applicant may take a TOEFL paper-based test: |
Belarus | Kyrgyzstan | Tajikistan |
Ecuador | Mali | Tanzania |
El Salvador | Moldova | Uganda |
Guatemala | Solomon Islands | Uzbekistan |
Honduras | Suriname | |