Part 1 Preliminary

This instrument is the Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument (LIN 24/022) 2024.

This instrument is made under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations).

4 Definitions

In this instrument:

approved English language test means an English language test that is specified in the requirement in paragraph 5(1)(a).

Australian Qualifications Framework has the meaning given by the Higher Education Support Act 2003.

eligible pathway program means a registered course that is specified in an item in the table in Schedule 2 for paragraph 5(3)(d).

Note: A pathway program is a course for students who have not met the academic entry requirements for their intended Australian undergraduate university degree. A pathway program leads to a qualification recognised under the Australian Qualifications Framework and provides academic credit and entry to second year undergraduate study.

extended foundation program has the meaning given by the Education Services for Overseas Students (Foundation Program Standards) Instrument 2021 as in force from time to time.

Note: A foundation program is a nationally recognised preparatory course for students who have not met the academic entry requirements for their intended Australian undergraduate university degree. Successful completion of the foundation program provides an academic entry pathway to first year undergraduate study. A foundation program can also be completed as an alternative to an Australian Year 12 certificate. The extended foundation program is of longer duration than the standard foundation program.

principal course means, where the student is enrolled in multiple courses for the purposes of the Subclass 500 (Student) visa, the course with the highest Australian Qualifications Framework level.

Note: A student may enrol in multiple registered courses for the purposes of a Subclass 500 (Student) visa.

required English language test score is the score specified, in relation to an approved English language test, in an item in the table in Schedule 1.

standard foundation program has the meaning given by the Education Services for Overseas Students (Foundation Program Standards) Instrument 2021 as in force from time to time.

test component: each of the following is a test component of an approved English language test:

(a) listening;

(b) reading;

(d) writing.

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;

(d) IELTS (or an International English Language Test System) test has the meaning specified in regulation 1.03; and

(e) Secondary exchange student has the meaning specified in regulation 1.03.

Part 2 English language requirements for Subclass 500 (Student) visa

5 English language test requirements

(1) For the purposes of subclause 500.213(1) of Schedule 2 to the Regulations, the following requirements are specified:

(a) the applicant must undertake one of the following English language tests:

(i) Cambridge English: Advanced test (CAE) (also known as Certificate in Advanced English);

(ii) International English Language Testing System (IELTS);

(iii) Occupational English Test (OET);

(iv) Pearson Test of English Academic (PTE);

(v) Test of English as a Foreign Language internet‑based test (TOEFL iBT); and

(b) the applicant must have undertaken 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—the 2 year period immediately before the day on which the visa application is made; or

(ii) if evidence of the test is not provided at the time the visa application is made—the 2 year period immediately before the day on which a decision to grant or refuse to grant the visa is made; and

(2) The applicant achieved the required English language test score specified in Column 2 of an item in the table in Schedule 1.

(3) If the applicant is enrolled in:

(a) at least 10 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the Subclass 500 (Student) visa application was made; or

(b) a standard foundation program; or

(d) a registered course that is specified in an item in the table in Schedule 2 (an eligible pathway program);

Note: Registered course is defined in regulation 1.03 of the Migration Regulations 1994.

the applicant achieved the required English language test score specified in Column 3 of an item in the table in Schedule 1.

(4) If the applicant is enrolled in at least 20 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the Subclass 500 (Student) visa application was made, the applicant achieved the required English language test score specified in Column 4 of an item in the table in Schedule 1.

6 English language test requirements do not apply

(1) 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, one or more of the following countries:

(i) Canada;

(ii) New Zealand;

(iii) the Republic of Ireland

(iv) the United Kingdom;

(v) the United States of America;

(b) an applicant who is enrolled in one of the following courses, where that course is the only course of study enrolled in for the purposes of the Subclass 500 (Student) visa application:

(i) a course of study that is registered to be delivered in a language other than English;

(ii) an ELICOS;

(iii) a registered school course;

(iv) a registered post-graduate research course;

(i) a Foreign Affairs student; or

(ii) a Defence Student; or

(iii) a Secondary exchange student;

(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;

(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 and repeals

7 Application of this instrument

This instrument applies in relation to an application for a Subclass 500 (Student) visa made on or after the commencement of this instrument.

9 Application of repeal

Despite the repeal of Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018 by this instrument, that instrument, as in force immediately before the commencement of this instrument, continues to apply in relation to an application for a Subclass 500 (Student) visa made but not yet finally determined before the date of commencement of this instrument.

10 Application of amendments made by LIN 24/043

The amendments made to this instrument by the Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Amendment (Pathway Programs) Specification 2024 (the amending instrument) apply in relation to an application for a Subclass 500 (Student) visa made on or after the day the amending instrument commences.

Schedule 1 Required English language test scores

English language test scores
Item	Column 1:	Column 2:	Column 3:	Column 4:
Item	Test name	Minimum test score	Minimum test score: if principal course is accompanied by at least 10 weeks of an ELICOS; or if a standard foundation program; or if an extended foundation program; or if an eligible pathway program.	Minimum test score: if principal course is accompanied by at least 20 weeks of an ELICOS.
1	Cambridge English: Advanced (CAE) test/ Certificate in Advanced English	169	162	154
2	International English Language Testing system (IELTS Test)	Overall band score 6.0	Overall band score of 5.5	Overall band score of 5.0
3	Occupational English Test (OET)	a score of at least B for each test component	a score of at least B for each test component	a score of at least B for each test component
4	Pearson Test of English Academic (PTE)	50	42	36
5	Test of English as a Foreign Language internet-based test (TOEFL iBT)	64	46	35

Schedule 2 Specified eligible pathway programs

Registered courses specified for paragraph 5(3)(d) as eligible pathway programs
Item	Column 1:	Column 2:	Column 3:	Column 4:
Item	CRICOS Course Code	Course Name	Institution Name	University Name
1	0100739	Diploma of Business Studies	Charles Darwin University	Charles Darwin University
2	0100740	Diploma of Information Technology	Charles Darwin University	Charles Darwin University
3	087938G	Diploma of Arts & Creative Industries	Colleges of Business and Technology (WA) Pty Ltd	Curtin University
4	087939G	Diploma of Built Environment	Colleges of Business and Technology (WA) Pty Ltd	Curtin University
5	087940C	Diploma of Commerce	Colleges of Business and Technology (WA) Pty Ltd	Curtin University
6	087941B	Diploma of Engineering	Colleges of Business and Technology (WA) Pty Ltd	Curtin University
7	087943M	Diploma of Information Technology	Colleges of Business and Technology (WA) Pty Ltd	Curtin University
8	063386M	Diploma of Business	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
9	022637C	Diploma of Commerce	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
10	097893M	Diploma of Communication	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
11	097892A	Diploma of Construction Management	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
12	097895J	Diploma of Design	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
13	063385A	Diploma of Engineering	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
14	097894K	Diploma of Film, Television and Animation	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
15	059996G	Diploma of Health Sciences	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
16	097891B	Diploma of Information Technology	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
17	063387K	Diploma of Science	Melbourne Institute of Business & Technology Pty Ltd	Deakin University
18	092032G	Diploma of Commerce	Edith Cowan College Pty Ltd	Edith Cowan University
19	092033G	Diploma of Communications and Creative Industries	Edith Cowan College Pty Ltd	Edith Cowan University
20	103337G	Diploma of Health Science	Edith Cowan College Pty Ltd	Edith Cowan University
21	092034F	Diploma of Hotel Management	Edith Cowan College Pty Ltd	Edith Cowan University
22	0100511	Diploma of Performing Arts (Music)	Edith Cowan College Pty Ltd	Edith Cowan University
23	092035E	Diploma of Science (Computing/IT)	Edith Cowan College Pty Ltd	Edith Cowan University
24	092036D	Diploma of Science (Engineering Studies)	Edith Cowan College Pty Ltd	Edith Cowan University
25	092037C	Diploma of Science (Health Studies)	Edith Cowan College Pty Ltd	Edith Cowan University
26	109402K	GC1 - Diploma of Information Technology (Higher Education)	Federation University Australia	Federation University Australia
27	109280D	Diploma in Creative Industries	Flinders University Academy	Flinders University
28	109281C	Diploma in Engineering	Flinders University Academy	Flinders University
29	109282B	Diploma in Health	Flinders University Academy	Flinders University
30	088633F	Diploma of Business Studies	Educational Enterprises Australia Pty Ltd	Flinders University
31	088634E	Diploma of Computing and Information Technology Studies	Educational Enterprises Australia Pty Ltd	Flinders University
32	076172G	Diploma of Engineering	Educational Enterprises Australia Pty Ltd	Flinders University
33	109014M	Diploma of Business	Queensland Institute of Business and Technology Pty Ltd	Griffith University
34	082070G	Diploma of Criminology and Criminal Justice	Queensland Institute of Business and Technology Pty Ltd	Griffith University
35	111385K	Diploma of Design	Queensland Institute of Business and Technology Pty Ltd	Griffith University
36	070423G	Diploma of Engineering	Queensland Institute of Business and Technology Pty Ltd	Griffith University
37	075188G	Diploma of Health Sciences	Queensland Institute of Business and Technology Pty Ltd	Griffith University
38	026675J	Diploma of Information Technology	Queensland Institute of Business and Technology Pty Ltd	Griffith University
39	109015K	Diploma of International Tourism and Hotel Management	Queensland Institute of Business and Technology Pty Ltd	Griffith University
40	092487K	Diploma of Science	Queensland Institute of Business and Technology Pty Ltd	Griffith University
41	092486M	Diploma of Social & Psychological Science	Queensland Institute of Business and Technology Pty Ltd	Griffith University
42	076108D	Diploma of Business	Navitas Bundoora Pty Ltd	La Trobe University
43	113881M	Diploma of Business Analytics	Navitas Bundoora Pty Ltd	La Trobe University
44	114033K	Diploma of Cybersecurity	Navitas Bundoora Pty Ltd	La Trobe University
45	076109C	Diploma of Information Technology	Navitas Bundoora Pty Ltd	La Trobe University
46	113489H	Diploma of Business	Kaplan Higher Education trading as Murdoch College	Murdoch University
47	081618F	Diploma in Business	QUT College	Queensland University of Technology
48	081617G	Diploma in Creative Industries	QUT College	Queensland University of Technology
49	086329G	Diploma in Engineering	QUT College	Queensland University of Technology
50	094986G	Diploma in Health Science	QUT College	Queensland University of Technology
51	081616G	Diploma in Information Technology	QUT College	Queensland University of Technology
52	107881F	Diploma of Business	RMIT University	RMIT University
53	105817H	Diploma of Graphic Design	RMIT University	RMIT University
54	110709C	Diploma of Nursing	RMIT University	RMIT University
55	110709C	Diploma of Nursing	RMIT University	RMIT University
56	107883D	Diploma of Screen and Media (Content Creation)	RMIT University	RMIT University
57	0100351	Diploma of Hotel Management	Southern Cross University	Southern Cross University
58	0101136	Diploma of Health	Southern Cross University	Southern Cross University
59	079231K	Diploma of Business	Southern Cross University	Southern Cross University
60	086408J	Diploma of Science	Southern Cross University	Southern Cross University
61	111198B	Diploma of Information Technology	Southern Cross University	Southern Cross University
62	111853J	Diploma of Engineering	Southern Cross University	Southern Cross University
63	112794G	Diploma of Education	Southern Cross University	Southern Cross University
64	102590B	Diploma of Arts and Social Sciences	Southern Cross University	Southern Cross University
65	086030E	Diploma of Business	Southern Cross University	Southern Cross University
66	114987D	Diploma of Conveyancing (Law and Practice)	Southern Cross University	Southern Cross University
67	111197C	Diploma of Regenerative Agriculture	Southern Cross University	Southern Cross University
68	089744B	Diploma of Arts and Communication (UniLink)	Swinburne University of Technology	Swinburne University of Technology
69	085473G	Diploma of Business (UniLink)	Swinburne University of Technology	Swinburne University of Technology
70	085471K	Diploma of Design (UniLink)	Swinburne University of Technology	Swinburne University of Technology
71	112999E	UniLink Bridging Program	Swinburne University of Technology	Swinburne University of Technology
72	088633F	Diploma of Business Studies (2yr program)	Educational Enterprises Australia Pty Ltd (Eynesbury College)	University of Adelaide
73	088634E	Diploma of Computing and Information Technology Studies	Educational Enterprises Australia Pty Ltd (Eynesbury College)	University of Adelaide
74	076172G	Diploma of Engineering	Educational Enterprises Australia Pty Ltd (Eynesbury College)	University of Adelaide
75	086314D	Degree Transfer Program Accelerated - Business	University of Adelaide College	University of Adelaide
76	087624D	Degree Transfer Program Extended - Business	University of Adelaide College	University of Adelaide
77	087625C	Degree Transfer Program Extended - Computer Science	University of Adelaide College	University of Adelaide
78	087626B	Degree Transfer Program Extended - Engineering	University of Adelaide College	University of Adelaide
79	0101444	Degree Transfer Program Extended - Information Technology	University of Adelaide College	University of Adelaide
80	087627A	Degree Transfer Program Extended - Science	University of Adelaide College	University of Adelaide
81	086313E	Degree Transfer Program Standard - Business	University of Adelaide College	University of Adelaide
82	086315C	Degree Transfer Program Standard - Computer Science	University of Adelaide College	University of Adelaide
83	086316B	Degree Transfer Program Standard - Engineering	University of Adelaide College	University of Adelaide
84	0101441	Degree Transfer Program Standard - Information Technology	University of Adelaide College	University of Adelaide
85	086317A	Degree Transfer Program Standard - Science	University of Adelaide College	University of Adelaide
86	070210K	Diploma of Business	University of Canberra College	University of Canberra
87	062888G	Diploma of Communication	University of Canberra College	University of Canberra
88	076136M	Diploma of Design	University of Canberra College	University of Canberra
89	090071F	Diploma of Health	University of Canberra College	University of Canberra
90	070213G	Diploma of Information Technology	University of Canberra College	University of Canberra
91	074935G	Diploma of Science	University of Canberra College	University of Canberra
92	113050F	Degree Transfer Architecture	University of Newcastle College of International Education	University of Newcastle
93	104604G	Degree Transfer Business	University of Newcastle College of International Education	University of Newcastle
94	104606E	Degree transfer Commerce	University of Newcastle College of International Education	University of Newcastle
95	113058J	Degree Transfer Construction Management	University of Newcastle College of International Education	University of Newcastle
96	104608C	Degree Transfer Engineering	University of Newcastle College of International Education	University of Newcastle
97	113051E	Degree Transfer Extended Architecture	University of Newcastle College of International Education	University of Newcastle
98	104605F	Degree Transfer Extended Business	University of Newcastle College of International Education	University of Newcastle
99	104607D	Degree transfer Extended Commerce	University of Newcastle College of International Education	University of Newcastle
100	113052D	Degree Transfer Extended Construction Management	University of Newcastle College of International Education	University of Newcastle
101	104609B	Degree Transfer Extended Engineering	University of Newcastle College of International Education	University of Newcastle
102	104611H	Degree Transfer Extended IT	University of Newcastle College of International Education	University of Newcastle
103	114397D	Degree Transfer Extended Media and Communication	University of Newcastle College of International Education	University of Newcastle
104	104610J	Degree Transfer IT	University of Newcastle College of International Education	University of Newcastle
105	114391K	Degree Transfer Media and Communication	University of Newcastle College of International Education	University of Newcastle
106	081516A	Diploma of Arts	South Australian Institute of Business and Technology Pty Ltd	University of South Australia
107	081517M	Diploma of Business	South Australian Institute of Business and Technology Pty Ltd	University of South Australia
108	088633F	Diploma of Business Studies	Educational Enterprises Australia Pty Ltd	University of South Australia
109	088634E	Diploma of Computing and Information Technology Studies	Educational Enterprises Australia Pty Ltd	University of South Australia
110	076172G	Diploma of Engineering	Educational Enterprises Australia Pty Ltd	University of South Australia
111	081519J	Diploma of Engineering	South Australian Institute of Business and Technology Pty Ltd	University of South Australia
112	081520E	Diploma of Information Technology	South Australian Institute of Business and Technology Pty Ltd	University of South Australia
113	0100203	International First Year Diploma - Business	UP Education	University of Tasmania
114	0100205	International First Year Diploma - Science	UP Education	University of Tasmania
115	112658D	Diploma of Animation Production (Extended)	UTS College Limited	University of Technology Sydney
116	080142A	Diploma of Business (Extended)	UTS College Limited	University of Technology Sydney
117	080143M	Diploma of Communication (Extended)	UTS College Limited	University of Technology Sydney
118	080144K	Diploma of Design and Architecture (Extended)	UTS College Limited	University of Technology Sydney
119	080145J	Diploma of Engineering (Extended)	UTS College Limited	University of Technology Sydney
120	080146G	Diploma of Information Technology (Extended)	UTS College Limited	University of Technology Sydney
121	080147G	Diploma of Science (Extended)	UTS College Limited	University of Technology Sydney
122	107425H	Diploma in Commerce – 12 Months	UWA College	University of Western Australia
123	111079J	Diploma in Computer and Data Science – 12 Months	UWA College	University of Western Australia
124	112405C	Diploma in Engineering – 14 Months	UWA College	University of Western Australia
125	112406B	Diploma in Engineering – 10 Months	UWA College	University of Western Australia
126	057234M	Diploma of Information Technology (3 Session)	UOW College Australia	University of Wollongong
127	0101925	Diploma of Engineering (3 Session)	UOW College Australia	University of Wollongong
128	057232B	Diploma of Business (3 Session)	UOW College Australia	University of Wollongong
129	108966D	Diploma in Arts	Western Sydney University International College	Western Sydney University
130	096800G	Diploma in Business	Western Sydney University International College	Western Sydney University
131	097252M	Diploma in Business - 2 Term Accelerated	Western Sydney University International College	Western Sydney University
132	096999J	Diploma in Design Extended Graphic Design (Pathway to Teaching Secondary)	Western Sydney University	Western Sydney University
133	096975F	Diploma in Arts	Western Sydney University	Western Sydney University
134	096993D	Diploma in Arts Extended Pathway to Teaching Secondary	Western Sydney University	Western Sydney University

ad = added or inserted	orig = original
am = amended	par = paragraph(s)/subparagraph(s)
amdt = amendment	/sub‑subparagraph(s)
c = clause(s)	pres = present
C[x] = Compilation No. x	prev = previous
Ch = Chapter(s)	(prev…) = previously
def = definition(s)	Pt = Part(s)
Dict = Dictionary	r = regulation(s)/rule(s)
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
F = Federal Register of Legislation	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LA = Legislation Act 2003	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	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
o = order(s)	commenced or to be commenced
Ord = Ordinance

Name	Registration	Commencement	Application, saving and transitional provisions
Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument (LIN 24/022) 2024	21 March 2024 (F2024L00366)	23 March 2024
Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Amendment (Pathway Programs) Specification 2024	19 April 2024 (F2024L00471)	20 April 2024

Provision affected	How affected
section 2	rep LA s 48D
section 4	am F2024L00471
section 8	rep LA s 48C
paragraph 5(3)(d)	rs F2024L00471
section 10	ad F2024L00471
Schedule 2	ad F2024L00471