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Migration (English Language Requirements for Subclass 192 (Pacific Engagement) Visa) Instrument (LIN 24/023) 2024

The "Migration (English Language Requirements for Subclass 192 (Pacific Engagement) Visa) Instrument (LIN 24/023) 2024" provides a comprehensive overview of the English language test requirements for applicants of the Subclass 192 (Pacific Engagement) Visa, effective from the day after its registration.

Key Points of the Instrument:

  1. Purpose: The instrument, under the authority of clause 192.214 of the Migration Regulations 1994, specifies English language test requirements for applicants or their spouses/de facto partners if making a combined application. This is integral to ensuring at least one applicant demonstrates sufficient English proficiency or potential to acquire it, enhancing their ability to engage effectively in the Australian community.

  2. Background: Introduced as part of the new permanent Subclass 192 Visa, this regulation aims to facilitate permanent residence in Australia for eligible citizens from Pacific island countries and Timor-Leste. Applicants selected through a pre-application process must meet several criteria, including these English language requirements.

  3. Details of Requirements: The instrument outlines acceptable English language tests and the corresponding required scores. These include the Cambridge English: Advanced, IELTS, Occupational English Test, Pearson Test of English Academic, and the TOEFL iBT. Notably, the tests focus on speaking and listening components, reflecting the visa's emphasis on basic communication skills rather than higher-level academic or professional language skills.

  4. Consultation and Impact Analysis: The policy was developed in consultation with various Australian government departments and was reviewed by the Office of Impact Analysis, which determined that further regulatory impact analysis was unnecessary.

  5. Legislative and Human Rights Consideration: As a legislative instrument under the Legislation Act 2003, it is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, simplifying its legislative process.

The instrument is a critical component of the broader Pacific Engagement visa program, emphasizing practical integration into the Australian community through basic language skills, supporting positive immigration experiences.

Source: LIN24023.pdf and LIN24023-Explanatory-Statement.pdf

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