Over the years the definition and interpretation of English proficiency has been changed. Today, we will discuss the various definitions of each level of English proficiency used in the GSM program.
This is set out in a historical timeframe for a quick reference depending when your application was lodged.
In July 2012
This is still the current format and has remained unchanged.
Competent English was defined as;
Reg 1.15C Competent English
(1) A person has competent English if:
(a) the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and
(b) the test was conducted in the 3 yearsimmediately before the day on which the application was made; and
(c) the person achieved a scorespecified in the instrument.
(2) A person has competent English if the person holds a passportof a type specified by the Minister in an instrument in writing for this subregulation.
Reg 1.15D Proficient English
A person has Proficient English if:
(a) the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and
(b) the test was conducted in the 3 yearsimmediately before the day on which the application was made; and
(c) the person achieved a scorespecified in the instrument.
The language tests are an International English Language System (IELTS test) and an Occupational English Test (OET).
For Competent English- If it is an IELTS test score, you will be required of at least 6 for each of the 4 test components of speaking, reading, writing and listening. If an OET test, then, a score of at least 'B' in each of the four components of an OET.
For Proficient English- If it is an IELTS test score, you will be required of at least 7 for each of the 4 test components of speaking, reading, writing and listening. If an OET test, then, a score of at least 'B' in each of the four components of an OET.
A valid passport for the competent English is issued by the United Kingdom, the United States of America, Canada, New Zealand or Republic of Ireland, to a citizen of that country.
Please be advised that the test has to be conducted in the 3 years immediately before the day of the application. Which means it will not be accepted if the test is conducted after the lodgement of the application.
01/07/2011 to 30/06/2012
If a person applies for a General Skilled Migration visa, the person has competent English if the person:
(a) satisfies the Minister that:
(i) the person undertook a language test, specified by the Minister in an instrument in writing for this subparagraph; and
(ii) the test was conducted in the 2 yearsimmediately before the day on which the application was made; and
(iii) the person achieved a score specified in the instrument; or
(b) satisfies the Minister that the person holds a passport of a type specified by the Minister in an instrument in writing for this paragraph.
Reg 1.15D Proficient English
If a person applies for a General Skilled Migration visa, the person has proficient English if the person satisfies the Minister that:
(a) the person undertook a language test, specified by the Minister in an instrument in writing for this paragraph; and
(b) the test was conducted in the 2 yearsimmediately before the day on which the application was made; and
(c) the person achieved a score specified in the instrument.
The test had to be conducted in the 2 years immediately before the day of the application if your application was applied between 01/07/2011 and 30/06/2013.
Before 01/07/2011
Reg 1.15C Competent English
If a person applies for a General Skilled Migration visa, the person has competent English if the person satisfies the Minister that the person:
(a) has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:
(i) an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening; or
(ii) a score:
(A) specified by the Minister in an instrument in writing for this sub-subparagraph; and
(B) in a language test specified by the Minister in the instrument; or
(b) holds a passport of a type specified by the Minister in an instrument in writing for this paragraph.
Reg 1.15D Proficient English
If a person applies for a General Skilled Migration visa, the person has proficient English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was lodged:
(a) an IELTS test score of at least 7 for each of the 4 test components of speaking, reading, writing and listening; or
(b) a score:
(i) specified by the Minister in an instrument in writing for this subparagraph; and
(ii) in a language test specified by the Minister in the instrument.
In March 2010, the High Court of Australia handed down a decision in relation to the provision of evidence for English language ability (Berenguel v Minister for Immigration and Citizenship). After this case was finalised DIAC was forced to accept a new IELTS result at the time of decision. This then changed on the 1st July 2011 when the new English definitions came into effect.
Example 1
Paul applied his 485 visa application on 30/06/2011 after completion of his 2 years study in Australia. When he lodged the application, he didn't have the competent level of IELTS score. In January 2012, his application was assessed by the case officer and he was requested to provide the evidence of having the competent level of English. Luckily, he was able to score the at least 6 for each of the reading, listening, writing and speaking on his IELTS test which was conducted in September 2011 and the case officer accepted this result as a competent level of English.
Example 2
Reena applied her 485 visa application on 01/07/2011 after completion of her 2 years study in Australia. When she lodged the application, she didn't have the competent level of IELTS score. In January 2012, her application was assessed by the case officer and she was requested to provide the evidence of having the competent level of English when she lodged the application on 01/07/2011. She achieved at least 6 for each of the reading, listening, writing and speaking on her IELTS test in September 2011 and provided to the case officer. However the officer didn't accept this result as the evidence of competent level of English because the test was conducted after her application was made.
Example 3
Gurpreet applied his 885 visa application on 30/06/2011 with the competent level of English. When he applied for the 885 visa application, he only could score 110 points out of 120 points for the point test. He wished to claim additional 10 points for having the proficient level of English. Unfortunately, the department refused his application in August 2012 and he applied for the review to the Migration Review Tribunal (MRT). While he was waiting for MRT processing, he was able to achieve at least 7.0 for each component of the IELTS test which he provided to the MRT. Subsequently his MRT application was successful and finally the Department was able to grant his 885 (PR) visa application.
