Australian Immigration Daily News

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.

The Department of Home Affairs is remaking the legislative instrument that lists acceptable courses for qualification as a registered migration agent in Australia. The Department is seeking submissions for inclusion in this new legislative instrument from higher education providers offering courses for qualification as a registered migration agent. 

On 1 April 2026, Migration (IMMI 18/003: Specified courses and exams for registration as a migration agent) Instrument 2018 (IMMI 18/003) will sunset. The Department is remaking the instrument so it aligns with the contemporary knowledge requirements expected of the industry. 

The Department must assess all courses before they can be included in the new instrument. The Department must also reassess and approve courses listed in IMMI 18/003 before they can be included in the new instrument. 

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