This instrument is the Migration (Language Test Requirements for Subclass 482 Visa) Instrument 2024.

This instrument commences on 7 December 2024.

This instrument is made under subclauses 482.222(1) and 482.232(1) of Schedule 2 to the Migration Regulations 1994.

Note: A number of expressions used in this instrument are defined in the Migration Regulations 1994, including the following:

(a) AUD;

(b) standard business sponsor.

In this instrument:

approved English language test: see subsection 6(3).

exempt applicant means:

(a) an applicant who is a citizen of, and who holds a valid passport issued by, one of the following countries:

(i) Canada;

(ii) New Zealand;

(iii) the Republic of Ireland;

(iv) the United Kingdom;

(v) the United States of America; or

(b) an applicant who has completed at least 5 years of full‑time study in a secondary education institution or higher education institution where the instruction was delivered in English; or

(c) an applicant who has been nominated by a standard business sponsor in relation to an occupation that will be performed at:

(i) a diplomatic or consular mission of another country; or

(ii) an Office of the Authorities of Taiwan located in Australia; or

(d) an applicant:

(i) who has been nominated in relation to an occupation that requires the applicant to hold a licence, registration or membership to perform the occupation; and

(ii) who has been granted that license, registration or membership; and

(iii) who, for the purposes of the grant of that license, registration or membership, was required to demonstrate a level of English language proficiency that is equivalent to, or better than, the level of English language proficiency that is required to achieve the required test scores for an approved English language test that the applicant would have been required to achieve but for this paragraph; or

(e) an applicant who:

(i) is employed by a company operating an established business overseas; and

(ii) is nominated by a standard business sponsor who is that company or an associated entity of that company; and

(iii) will receive annual earnings of at least AUD96,400.

full‑time study means:

(a) in relation to a secondary education institution in a particular country—the standard number of contact hours that a student would undertake in that country; or

(b) in relation to a higher education institution—the completion of at least 3 subjects in each semester or trimester of study.

Regulations means the Migration Regulations 1994.

required test scores for an approved English language test: see subsection 6(4).

test component: each of the following is a test component of an approved English language test:

(a) listening;

(b) reading;

(d) writing.

5 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6 Language test requirements

(1) This section specifies language test requirements for the purposes of subclauses 482.222(1) and 482.232(1) of Schedule 2 to the Regulations.

(2) The language test requirements for an applicant for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream (other than an exempt applicant) are:

(a) the applicant took an approved English language test on a particular day (the test day); and

(b) the applicant achieved the required test scores for the approved English language test taken by the applicant on the test day in a single attempt at that test; and

(c) the test day is not more than 3 years before the day on which the applicant provided evidence of the matter mentioned in paragraph (b).

(3) Each of the following is an approved English language test:

(a) the International English Language Testing System (the IELTS);

(b) the Occupational English Test (the OET);

(d) the Pearson Test of English Academic (the PTE);

(e) the Cambridge English: Advanced test (the CAE).

(4) The required test scores for an approved English language test are to be worked out using the following table.

Required test scores
Item	If the approved English language test is …	the required test scores for that test are …
1	the IELTS	(a) an overall band score of at least 5.0; and (b) a score of at least 5.0 for each test component of the IELTS.
2	the OET	a score of at least B for each test component of the OET.
3	the TOEFL	(a) an overall band score of at least 35; and (b) for the listening and reading test components of the TOEFL—a score of at least 4; and (c) for the speaking and writing test components of the TOEFL—a score of at least 14.
4	the PTE	(a) an overall band score of at least 36; and (b) a score of at least 36 for each test component of the PTE.
5	the CAE	(a) an overall band score of at least 154; and (b) a score of at least 154 for each test component of the CAE.

7 Application of this instrument

This instrument applies in relation to an application for a visa that is made on or after the commencement of this instrument.

8 Continued application of IMMI 18/032

Despite the repeal of Migration (IMMI 18/032: Language Test Requirements—Subclass 482 Visa) Instrument 2018 (IMMI 18/032) by this instrument, IMMI 18/032, as in force immediately before the day this instrument commences, continues to apply in relation to an application for a visa made before the commencement of this instrument.

Schedule 1—Repeals

Migration (IMMI 18/032: Language Test Requirements —Subclass 482 Visa) Instrument 2018

1 The whole of the instrument

Repeal the instrument.