Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018
made under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994
Compilation No. 1
Compilation date: 20 July 2018
Includes amendments up to: F2018L01042
Prepared by Department of Home Affairs
About this compilation
This compilation
This is a compilation of the Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018 that shows the text of the law as amended and in force on 20 July 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1 – Preliminary 1
1 Name........................................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
5 Schedules................................................................................................................................. 1
Part 2 – Requirements for Subclass 500 (Student) visa 2
6 Primary Criteria........................................................................................................................ 2
Part 3 – Application 4
7 Application of this instrument.................................................................................................. 4
Schedule 1 — English language tests and minimum test scores 5
Schedule 2 — Repeals 6
Part 1 – Repeals 6
English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas 2016/019 (F2016L00629) 6
Part 2 – Application 7
Endnotes 8
Endnote 1—About the endnotes 8
Endnote 2—Abbreviation key 9
Endnote 3—Legislation history 10
Endnote 4—Amendment history 11
Part 1 – Preliminary
1 Name
(1) This instrument is the Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018.
(2) This instrument may be cited as IMMI 18/015.
3 Authority
This instrument is made under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994.
4 Definitions
Note: A number of expressions used in this instrument are defined in definitions section of the Regulations, including the following:
(a) Defence student has the meaning specified in regulation 1.04B;
(b) ELICOS has the meaning specified in regulation 1.03;
(c) Foreign Affairs student has the meaning specified in subregulation 1.04A(3); and
(d) Secondary exchange student has the meaning specified in regulation 1.03.
In this instrument:
Australian Qualifications Framework has the same meaning given by the Higher Education Support Act 2003.
principal course means the main course of study to be undertaken by an overseas student.
Note: Principal course would normally be the final course of study where the overseas student arrives in Australia with a student visa that covers multiple courses.
Regulations means the Migration Regulations 1994.
TOEFL-PBT means Test of English as a Foreign Language Paper-Based test.
5 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Part 2 – Requirements for Subclass 500 (Student) visa
6 Primary Criteria
(1) For the purpose of subclause 500.213(1) of Schedule 2 to the Regulations, the following requirements are specified:
(a) the applicant must undertake one of the English language tests specified in Column 1 of Schedule 1;
(b) the applicant must achieve the English language test score specified for that English language test in Column 3 of Schedule 1; and
(c) the applicant must have completed the test within the following period:
(i) if evidence of the test is provided at the time the applicant makes an application for a Subclass 500 (Student) visa - 2 years immediately before the date of the visa application; or
(ii) if evidence of the test is not provided at the time the visa application is made - 2 years immediately before a decision to grant or refuse the visa application is made.
(2) For the purpose of subclause 500.213(2) of Schedule 2 to the Regulations, subclause 500.213(1) of Schedule 2 to the Regulations does not apply to the following classes of applicants:
(a) an applicant who is a citizen of, and who 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 that 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 applicant who is a:
(i) Foreign Affairs student;
(ii) Defence Student; or
(iii) Secondary exchange student; or
(d) an applicant, who, in the 2 years before applying for a Subclass 500 (Student) visa, has successfully completed:
(i) the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia and 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 and 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;
(vii) the United States of America.
Part 3 – Application
7 Application of this instrument
This instrument applies to an application for a Subclass 500 (Student) visa made on or after the commencement of this instrument.
Schedule 1 — English language tests and minimum test scores
| English language tests |
| Item | Column 1: Test name | Column 2: Acronym/ also known as | Column 3: Minimum test score |
| 1 | International English Language Testing system | IELTS Test | (a) Overall band score 5.5; or (b) Overall band score 5 if packaged with at least 10 weeks’ ELICOS; or (c) Overall band score of 4.5 if packaged with at least 20 weeks’ ELICOS. |
| 2 | Test of English as a Foreign Language internet-based test | TOEFL iBT | (a) 46; or (b) 35, if packaged with at least 10 weeks’ ELICOS ; or (c) 32, if packaged with at least 20 weeks’ ELICOS. |
| 3 | Cambridge English: Advanced (CAE) test | Certificate in Advanced English | (a) 162; or (b) 154, if packaged with at least 10 weeks’ ELICOS; or (c) 147, if packaged with at least 20 weeks’ ELICOS. |
| 4 | Pearson Test of English Academic | PTE | (a) 42; or (b) 36, if packaged with at least 10 weeks’ ELICOS; or (c) 30, if packaged with at least 20 weeks’ ELICOS. |
| 5 | Occupational English Test | OET | a score of at least B for each test component of the OET. |
Schedule 2 — Repeals
Part 1 – Repeals
English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas 2016/019 (F2016L00629)
1 The whole of the instrument
Repeal the instrument.
Part 2 – Application
1 Application of repeal
Despite the repeal of the English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas 2016/019 (IMMI 16/019) (the repealed instrument) by Part 1 of this Schedule, the repealed instrument, as in force immediately before the commencement of that Part, continues to apply in relation to an application for a Subclass 500 (Student) visa if that application is made before 6 June 2018 and is not finally determined on or before 6 June 2018.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| | o = order(s) |
| ad = added or inserted | Ord = Ordinance |
| am = amended | orig = original |
| amdt = amendment | par = paragraph(s)/subparagraph(s) |
| c = clause(s) | /sub‑subparagraph(s) |
| C[x] = Compilation No. x | pres = present |
| Ch = Chapter(s) | prev = previous |
| def = definition(s) | (prev…) = previously |
| Dict = Dictionary | Pt = Part(s) |
| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
| Div = Division(s) | |
| exp = expires/expired or ceases/ceased to have | reloc = relocated |
| effect | renum = renumbered |
| F = Federal Register of Legislation | rep = repealed |
| gaz = gazette | rs = repealed and substituted |
| LA = Legislation Act 2003 | s = section(s)/subsection(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
| effect | SLI = Select Legislative Instrument |
| (md not incorp) = misdescribed amendment | SR = Statutory Rules |
| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
| mod = modified/modification | SubPt = Subpart(s) |
| No. = Number(s) | underlining = whole or part not |
| | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018 | 5 June 2018 F2018L00713 | The whole of the instrument: 6 June 2018 | |
| Migration ((IMMI 18/123: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Amendment Instrument 2018 | 19 July 2018 F2018L01042 | 20 July 2018 | — |