I, Clare O’Neil, Minister for Home Affairs, make this instrument under clauses 476.213 and 485.212 of Schedule 2 to the Migration Regulations 1994.
Dated 21 March 2024
Clare O’Neil
Minister for Home Affairs
Part 1 Preliminary 3
1 Name 3
2 Commencement 3
3 Authority 3
4 Definitions 3
Part 2 English language requirements 3
5 Specified English language tests 3
6 Specified test scores to be achieved 3
7 Specified period and requirements 3
8 Specified passports in relation to which English proficiency requirements do not apply 4
Part 3 Repeals, savings, transitional 4
9 Repeal 4
10 Savings and transitional 4
Schedule 1 Required English language test scores 5
Schedule 2 Required English language test scores for Hong Kong and British National (Overseas) passport holders 6
This instrument is the Migration (English Language Requirements for Subclass 476 (Skilled – Recognised Graduate) and Subclass 485 (Temporary Graduate) Visas) Instrument (LIN 24/021) 2024.
This instrument commences on 23 March 2024.
This instrument is made under clauses 476.213 and 485.212 of Schedule 2 to the Migration Regulations 1994 (the Migration Regulations).
test component: each of the following is a test component of an English language test that is specified in section 5:
(a) listening;
(b) reading;
(c) speaking;
(d) writing.
Part 2 English language requirements
5 Specified English language tests
For subparagraphs 476.213(a)(i) and 485.212(1)(a)(i) of Schedule 2 to the Migration Regulations, the following tests are specified:
(a) Cambridge English: Advanced test (CAE);
(b) International English Language Testing System (IELTS);
(c) Occupational English Test (OET);
(d) Pearson Test of English Academic (PTE); and
(e) Test of English as a Foreign Language internet‑based test (TOEFL iBT).
6 Specified test scores to be achieved
For subparagraphs 476.213(a)(ii) and 485.212(1)(a)(ii) of Schedule 2 to the Migration Regulations, the test scores to be achieved, in a language test specified in section 5, are specified:
(a) in Schedule 1; or
(b) if the applicant is a Hong Kong passport holder or British National (Overseas) passport holder—in Schedule 2.
7 Specified period and requirements
For subparagraphs 476.213(a)(ii) and 485.212(1)(a)(ii) of Schedule 2 to the Migration Regulations, the following period and requirements are specified:
(a) the applicant achieved the specified test scores within 1 year before the day on which the visa application was made; and
(b) unless the test was an OET, the test scores were achieved in a single sitting.
8 Specified passports in relation to which English proficiency requirements do not apply
For paragraphs 476.213(b) and 485.212(1)(b) of Schedule 2 to the Migration Regulations, a valid passport issued by one of the following countries to a citizen of that country is specified:
(a) Canada;
(b) New Zealand;
(c) the Republic of Ireland;
(d) the United Kingdom;
(e) the United States of America.
Part 3 Repeals, savings, transitional
The instrument Migration Regulations 1994 - Specification of English Language Tests, Scores and Passports 2015 (IMMI 15/062) is repealed.
(1) This instrument applies in relation to an application made on or after the commencement of this instrument.
(2) Despite the repeal of Migration Regulations 1994 - Specification of English Language Tests, Scores and Passports 2015 (IMMI 15/062), that instrument, as in force immediately before the day this instrument commences, continues to apply in relation to an application made, but not yet finally determined, before the commencement of this instrument.
Schedule 1 Required English language test scores
Required test scores | ||
Item | If the English language test is … | the required test scores for that test are … |
1 | the CAE | (a) an overall band score of at least 176; and (b) a score of at least 162 for each test component of the CAE. |
2 | the IELTS | (a) an overall band score of at least 6.5; and (b) a score of at least 5.5 for each test component of the IELTS. |
3 | the OET | a score of at least B for each test component of the OET. |
4 | the PTE | (a) an overall band score of at least 57; and (b) for the listening test component of the PTE—a score of at least 43; and (c) for the reading test component of the PTE —a score of at least 48; and (d) for the speaking test component of the PTE —a score of at least 42; and (e) for the writing test component of the PTE —a score of at least 51. |
5 | the TOEFL iBT | (a) a total overall score of at least 83; and (b) for the listening test component of the TOEFL iBT—a score of at least 7; and (c) for the reading test component of the TOEFL iBT—a score of at least 8; and (d) for the speaking test component of the TOEFL iBT—a score of at least 16; and (e) for the writing test component of the TOEFL iBT—a score of at least 18. |
Schedule 2 Required English language test scores for Hong Kong and British National (Overseas) passport holders
Required test scores | ||
Item | If the English language test is … | and the applicant is the holder of a Hong Kong or British National (Overseas) passport, the required test scores for that test are … |
1 | the CAE | (a) an overall band score of at least 169; and (b) a score of at least 154 for each test component of the CAE. |
2 | the IELTS | (a) an overall band score of at least 6; and (b) a score of at least 5 for each test component of the IELTS. |
3 | the OET | a score of at least B for each test component of the OET. |
4 | the PTE | (a) an overall band score of at least 50; and (b) a score of at least 36 for each test component of the PTE. |
5 | the TOEFL iBT | (a) a total overall score of at least 64; and (b) for the listening and reading test components of the TOEFL iBT—a score of at least 4; and (c) for the speaking and writing test components of the TOEFL iBT—a score of at least 14. |