Changes to English Language Requirements [s/c 457]
Why has an English language requirement been introduced?
The English language requirement will help to ensure overseas workers are able to respond to occupational health and safety risks, raise any concerns about their welfare with appropriate authorities and benefit Australia by sharing their skills with other workers.
What is the new English language requirement?
From 1 July 2007, certain primary Subclass 457 Visa applicants will need to have English language skills equivalent to an average band score of 4.5 across the four test components in the International English Language Testing System (IELTS) test. Applicants must have higher English language skills where this is required for licensing, registration, or membership of a professional association in their nominated occupation.
What is IELTS?
IELTS is a test designed to assess an applicant’s English language ability. Its has an academic test and a general training test – you only need to take the general training test unless advised otherwise by a registration or licensing body.
IELTS examinations are available worldwide. Information on fees, available test dates and application forms are available on the IELTS website.
See: www.ielts.org
What level of English is required?
Applicants who are required to demonstrate their English language ability will need to score an average of at least 4.5 across the four “bands” (speaking, listening, reading and writing) of the IELTS test.
The IELTS organisation can provide examples of candidates with English language skills at the IELTS 4.5 level. A CD can be ordered through their website at www.ielts.org
Who does the new English language requirement apply to?
The English language requirement applies to all primary applicants who apply for a 457 visa on or after 1 July 2007 unless the visa applicant is in an exempted category. Exempted categories of applicants are those: whose first language is English and they are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America; or
whose nominated occupation is within the highly skilled major groups 1-3 of the Australian Standard Classification of Occupations (ASCO), comprising managers, administrators, professionals and associate professionals; or
who are to be paid at least a salary specified in a legislative instrument (initially $75,000 excluding all deductions) and where the grant of the visa is in the interests of Australia; or
who have completed at least five years of continuous secondary and/or tertiary education at an institution where at least 80% of instruction was conducted in English.
These exemptions will not apply to applicants who have been nominated for a position that requires English language for licensing or registration.
What does “in Australia’s interests” mean?
Given Australia is experiencing strong economic growth and there is a tight labour market for skilled workers, at present all occupations on the gazetted list with a base salary of at least $75,000 will be considered to be in Australia’s interests.
I am a current Subclass 457 visa holder, do the changes affect me?
While you remain on your present Subclass 457 visa you will not be affected. But if you apply for a further Subclass 457 visa, you will have to meet the new English language requirement along with all other relevant requirements for grant of a 457 visa.
If you apply for a further 457 visa and do not meet the English language requirement, you will need to make arrangements to leave Australia (or apply for a different visa that is appropriate to your continued stay in Australia.)
Do accompanying dependants have to meet the English language requirement?
Secondary applicants (spouse, dependant children, etc.) will not have to meet the English requirement
I am a sponsor (current or prospective) of a 457 visa applicant, do the changes affect me?
It is important for employers to ensure that all employees have sufficient English language skills to complete the tasks of the occupation and to meet their obligations under workplace health safety and industrial relations laws . To avoid delays in recruiting overseas workers, you may wish to check their English language skills before you nominate them for a subclass 457 visa. Where this is done through an IELTS test, it will contribute to faster processing.
Sponsors are required to ensure that their employees meet the skill and English language requirements for licensing and registration and professional association membership in relevant occupations. This is an existing requirement and has not changed.