{"id":"F2018L00713","name":"Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018","slug":"migration-immi-18-015-english-language-tests-and-evidence-exemptions-for-subclass-500-student-visa-i","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100092,"registerId":"commonwealth-F2018L00713-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Migration (IMMI 18/015: English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Instrument 2018.\n This instrument may be cited as IMMI 18/015.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subclause 500.213(3) of Schedule 2 to the Migration Regulations 1994.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in definitions section of the Regulations, including the following:\n\n Defence student has the meaning specified in regulation 1.04B;\n ELICOS has the meaning specified in regulation 1.03;\n Foreign Affairs student has the meaning specified in subregulation 1.04A(3); and\n Secondary exchange student has the meaning specified in regulation 1.03.\n\n In this instrument:\n Australian Qualifications Framework has the same meaning given by the Higher Education Support Act 2003.\n principal course means the main course of study to be undertaken by an overseas student.\n\n> Note: Principal course would normally be the final course of study where the overseas student arrives in Australia with a student visa that covers multiple courses.\n\n> Regulations means the Migration Regulations 1994.\n\n TOEFL-PBT means Test of English as a Foreign Language Paper-Based test.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n \n\nPart 2 – Requirements for Subclass 500 (Student) visa","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Primary Criteria","content":"#### 6 Primary Criteria\n\n For the purpose of subclause 500.213(1) of Schedule 2 to the Regulations, the following requirements are specified:\n\n the applicant must undertake one of the English language tests specified in Column 1 of Schedule 1;\n the applicant must achieve the English language test score specified for that English language test in Column 3 of Schedule 1; and\n the applicant must have completed the test within the following period:\n\n if evidence of the test is provided at the time the applicant makes an application for a Subclass 500 (Student) visa - 2 years immediately before the date of the visa application; or\n if evidence of the test is not provided at the time the visa application is made - 2 years immediately before a decision to grant or refuse the visa application is made.\n For the purpose of subclause 500.213(2) of Schedule 2 to the Regulations, subclause 500.213(1) of Schedule 2 to the Regulations does not apply to the following classes of applicants:\n\n an applicant who is a citizen of, and who holds a valid passport issued by:\n\n the United Kingdom;\n the United States of America;\n Canada;\n New Zealand; or\n the Republic of Ireland; or\n\n an applicant who is enrolled in a principal course of study that is:\n\n registered to be delivered in a language other than English;\n a registered ELICOS course, as defined in regulation 1.03 of the Regulations;\n a registered school course; or\n a registered post-graduate research course; or\n\n an applicant who is a:\n\n Foreign Affairs student;\n Defence Student; or\n Secondary exchange student; or\n\n an applicant, who, in the 2 years before applying for a Subclass 500 (Student) visa, has successfully completed:\n\n the requirements for a Senior Secondary Certificate of Education, in a course that was conducted in Australia and in English; or\n a substantial component of a course leading to a qualification from the Australian Qualifications Framework at the Certificate IV level or higher that was conducted in Australia and in English, while the applicant was holding a student visa; or\n\n an applicant who has successfully completed a minimum of 5 years of study in English undertaken in one or more of the following countries;\n\n Australia;\n Canada;\n New Zealand;\n South Africa;\n the Republic of Ireland;\n the United Kingdom;\n the United States of America.\n\n \n\nPart 3 – Application","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Application of this instrument","content":"#### 7 Application of this instrument\n\nThis instrument applies to an application for a Subclass 500 (Student) visa made on or after the commencement of this instrument.\n\nSchedule 1 — English language tests and minimum test scores\n\n```html\n

English language tests

Item

Column 1:

Test name

Column 2:

Acronym/ also known as

Column 3:

Minimum test score

1

International English Language Testing system

IELTS Test

  1. Overall band score 5.5; or
  2. Overall band score 5 if packaged with at least 10 weeks’ ELICOS; or
  3. Overall band score of 4.5 if packaged with at least 20 weeks’ ELICOS.

2

Test of English as a Foreign Language internet-based test

TOEFL iBT

  1. 46; or
  2. 35, if packaged with at least 10 weeks’ ELICOS ; or
  3. 32, if packaged with at least 20 weeks’ ELICOS.

3

Cambridge English: Advanced (CAE) test

Certificate in Advanced English

  1. 162; or
  2. 154, if packaged with at least 10 weeks’ ELICOS; or
  3. 147, if packaged with at least 20 weeks’ ELICOS.

4

Pearson Test of English Academic

PTE

  1. 42; or
  2. 36, if packaged with at least 10 weeks’ ELICOS; or
  3. 30, if packaged with at least 20 weeks’ ELICOS.

5

Occupational English Test

OET

a score of at least B for each test component of the OET.

\n```\n\n \n\nSchedule 2 — Repeals\n\nPart 1 – Repeals\n\nEnglish Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas 2016/019 (F2016L00629)\n\n1 The whole of the instrument\n\nRepeal the instrument.\n\n \n\nPart 2 – Application\n\n1 Application of repeal\n\nDespite the repeal of the English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas 2016/019 (IMMI 16/019) (the repealed instrument) by Part 1 of this Schedule, the repealed instrument, as in force immediately before the commencement of that Part, continues to apply in relation to an application for a Subclass 500 (Student) visa if that application is made before 6 June 2018 and is not finally determined on or before 6 June 2018.","sortOrder":5}],"analysis":{"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument specifies technical details and exemptions under existing visa criteria; it does not amend the Migration Regulations themselves."},"complexity_factors":["Contains multiple test score thresholds linked to ELICOS packaging","Lists several exemption categories with condition precedents (time limits, specific countries, qualification levels)"],"plain_english_summary":"This instrument sets the English-language test rules for Subclass 500 (Student) visa applications from commencement: which tests and minimum scores are accepted (with lower scores if packaged with required weeks of ELICOS), who is exempt, and that test results must be ≤2 years old. It affects prospective international student visa applicants and advises checking applicable tests/scores or exemptions and ELICOS requirements. It also repeals the prior IMMI 16/019, which remains effective for earlier, undecided applications."}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-18-015-english-language-tests-and-evidence-exemptions-for-subclass-500-student-visa-i","history":"/api/acts/migration-immi-18-015-english-language-tests-and-evidence-exemptions-for-subclass-500-student-visa-i/history","analysis":"/api/acts/migration-immi-18-015-english-language-tests-and-evidence-exemptions-for-subclass-500-student-visa-i/analysis","conflicts":"/api/acts/migration-immi-18-015-english-language-tests-and-evidence-exemptions-for-subclass-500-student-visa-i/conflicts","importantCases":"/api/acts/migration-immi-18-015-english-language-tests-and-evidence-exemptions-for-subclass-500-student-visa-i/important-cases","documents":"/api/acts/migration-immi-18-015-english-language-tests-and-evidence-exemptions-for-subclass-500-student-visa-i/documents"}}