Australian Immigration Daily News

The Migration (International Trade Obligations Relating to Labour Market Testing) Amendment (CEPA) Determination 2025 updates Australia’s migration law to recognise the new Comprehensive Economic Partnership Agreement (CEPA) with the United Arab Emirates.

Normally, employers who want to sponsor overseas workers must show they tried to hire Australians first (labour market testing). But under trade agreements, Australia sometimes agrees not to apply this rule.

This amendment:

The Migration (English Language Requirements for Subclass 485 (Temporary Graduate) Visas) Instrument 2025 (LIN 25/089), made under clause 485.212 of Schedule 2 to the Migration Regulations 1994, specifies the English language proficiency requirements for applicants seeking a Subclass 485 visa in either the Post-Vocational Education Work or Post-Higher Education Work streams. The instrument repeals and replaces LIN 24/021, effective 7 August 2025.

The instrument outlines:

• Approved English Language Tests: Including IELTS, PTE, TOEFL iBT, OET, CELPIP, LANGUAGECERT, MET, and Cambridge Advanced.

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The Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025 (LIN 25/090) is a legislative instrument made under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994. It repeals and replaces the previous instrument (LIN 24/022) and commences on 7 August 2025.

The purpose of the instrument is to specify:

• Approved English language tests for Subclass 500 (Student) visa applicants.

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This legislative instrument, referenced as LIN 25/016, is issued under various provisions of the Migration Regulations 1994. It replaces the earlier instrument IMMI 15/005 and commences on 7 August 2025. The instrument specifies the English language proficiency requirements for visa applicants across four categories: vocational, competent, proficient, and superior English.

The instrument:

• Specifies approved English language tests and required minimum scores for each proficiency level.

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The Migration (Evidence of Functional English Language Proficiency) Instrument 2025 (LIN 25/014) defines what qualifies as “functional English” for visa purposes under the Migration Act 1958 and Migration Regulations 1994.

It takes effect from 7 August 2025 and replaces the previous instrument (IMMI 15/004). Functional English can be proven through certain education history (such as completing specific years of schooling in English), recent English language test scores (from tests like IELTS, TOEFL iBT, PTE Academic, OET, MET, CELPIP General, or LANGUAGECERT Academic), or by holding a valid passport from the UK, USA, Canada, Ireland, or New Zealand.

Tests taken between 5 August 2024 and 6 August 2025 under the previous instrument may still be used. The instrument underwent consultation with relevant stakeholders, is exempt from disallowance, and does not require a Human Rights compatibility statement.