English Language Requirements at Time of Australian Visa Applications

Changes Effective from 1 July 2011

The Australian Department of Immigration & Citizenship has announced changes to Australian law to ensure people seeking to gain Australian permanent residence via the skilled migration pathways have at least competent English before they apply for the visa.

The changes are also intended to ensure that if you are seeking to gain additional points for proficient or superior English language skills under the Skilled Points Test, you must have at least sat your International English Language Test (IELTS) before you apply for your visa.

The goal of this change is to reverse effect of the High Court of Australia case of Berenguel v Minister for Immigration and Citizenship [2010] HCA 8 5 March 2010 (Berenguel) which meant that skilled visa applicants and temporary graduate, subclass 485 visa applicants, could provide IELTS results obtained after the date they lodged their visa and at any time before a decision was made on the application.

For up-to-date and accurate advice and assistance in relation to English language requirements required for Australian visa applications, contact Stewart or Ray at Turner Coulson Immigration Lawyers on + 61 (0)2 9264 4654  or email us at info@tcilawyers.com.au