Changes to the time of provision of evidence of English language ability

[surhythms]

IMPORTANT NEWS: Changes to the time of provision of evidence of English language ability

 

There are new arrangements for the provision of evidence for English language ability. Applicants for the following GSM subclasses have until the time of decision to provide evidence of their English language ability.

 

* Skilled – Independent (Residence) visa (subclass 885)

* Skilled – Sponsored (Residence) visa (subclass 886)

* Skilled – Independent (Migrant) visa (subclass 175)

* Skilled – Sponsored (Migrant) visa (subclass 176)

* Skilled – Provisional (Regional Sponsored) visa (subclass 475)

* Skilled – Provisional (Recognised Graduate) visa (subclass 476)

* Skilled – Provisional (Graduate) visa (subclass 485) (where the application was made on or after 27 October 2008).

 

Applicants should not delay in providing their evidence of English language ability. The department will not delay finalising applications where English language test results have not been provided at time of application. Applicants will have 28 days from the date of application to provide their English language results if they did not provide them at time of application. At this point in time, if evidence has not been provided the application will be refused.

 

There is no change in the requirements for Skilled – Provisional (Graduate) visa (subclass 485) where the application was made before 27 October 2008 or the Skilled Provisional (Regional Sponsored) visa (subclass 487). The applicant must either provide evidence of English language ability at time of application or provide evidence that they have made a booking to undertake an English language test.

 

Source: What's New? Recent Changes in General Skilled Migration

 

Does anybody know if this applies to you if you are from an English speaking country. We didnt have to take IELT's because we have enough points but we havent lodged our app yet as we are still waiting for SS from the ACT

 

Cheers

 

Suzanne

[lavender776]

It's not very clear, is it? I was wondering the same thing. My application is already in, so I assume it doesn't apply to me (from an English speaking country). The again, when is anything ever clear with DIAC?

[Jag Khairra]

Suzanne,

 

If you are claiming 6 each (Competent) English, then you don't need to provide IELTS.

 

If you are claiming 7 each (Proficient) English, then you would need an IELTS results. However, from the above announcement of DIAC, you can now lodge an application by having an IELTS booking confirmation and can provide the result before the decision is made. You can have multiple attempts at the test too.

[Guest Gollywobbler]

It's not very clear, is it? I was wondering the same thing. My application is already in, so I assume it doesn't apply to me (from an English speaking country). The again, when is anything ever clear with DIAC?

 

Hi Lavender

 

Then again, when is anything ever clear with DIAC?

I quite agree. Their website is not clear in my view. In their various announcements and FAQ sheets about all the changes on 8th February 2010, a lot of what they say was plainly just thrown together in a hurry and nobody bothered to send the words off for a sanity check, to make sure that the public would understand them in the same ways that the Minister and his acolytes understand them.

 

On the sticky, "Agents only" thread, George Lombard explained that the new announcement from DIAC is the result of the decsion in the recent Berenguel case. It is perfectly simple to shove a phrase into any draft legislation in which one says that the headings are part & parcel of the guts of the document, but it seems that this was not done so the Court chucked out the obvious iniquity that DIAC's wishful interpretation of the legislation had heaped upon the visa applicant. George provided the link below:

 

The Lamp Post: Berenguel v MIC

 

As I understand it, the Berenguel decision does not really affect visa applicants who are native English speakers (as proven by their passports and I think 5 countries are involved.) All the native English speakers are deemed to have Competent English anyway, which is all that DIAC require for the visa application. The decision really only affects all the applicants who are not native English speakers (ie the majority of visa applicants.)

 

For example, a guy from Brazil wishes to apply for an sc 175 visa. He has to hurry to submit his visa application because he is about to turn 45. He needs an IELTS but it is not possible for him to take the test in Brazil before he turns 45. So he books the test before he submits his visa application but he does not take the test or get the results until sometime after the visa application has been submitted. Prior to Berenguel, DIAC would have refused the guy's visa application. The Court saw no reason for DIAC to be so arbitrary & bureaucratic about it.

 

It must be a bitter pill for DIAC to swallow because they have refused huge numbers of applications for GSM visas, relying on nothing except when the IELTS test was taken. The recent decision removes one of DIAC's tools via which to cut the backlog of GSM visa applications, especially from the ex International Students in Oz. Who are being treated particularly badly by the present Minister for Immi, so good luck to them when they take a point of principle to the Court and defeat the Minister with it, imho.

 

You and Suzanne are both fine as far as I can see. I don't think that your own situations depend on Berenguel anyway.

 

Cheers

 

Gill

[surhythms]

Suzanne,

 

If you are claiming 6 each (Competent) English, then you don't need to provide IELTS.

 

If you are claiming 7 each (Proficient) English, then you would need an IELTS results. However, from the above announcement of DIAC, you can now lodge an application by having an IELTS booking confirmation and can provide the result before the decision is made. You can have multiple attempts at the test too.

 

 

Ok thanks jagkhairra

 

We are claiming 7 as the occupation is Manager/Professional. We have already applied for our ACT SS and we didnt need to do IELT's as we had over 100 points (105) I think it was.

 

So does this mean that when we lodge our visa application we need to have booked and IELT test? We are english speaking so we automatically get a score of 5 but am I correct in saying that because of the occupation we are applying under we need to take the IELT's?

[surhythms]

Hi Lavender

 

 

 

You and Suzanne are both fine as far as I can see. I don't think that your own situations depend on Berenguel anyway.

 

Cheers

 

Gill

 

 

Hi Gill

 

You think that we will be fine and wont have to do the IELT? As above we are band 7.

 

Cheers

Suzanne

[Guest Bambino]

Hi Everyone,

this is very confusing, from the original post:

"Applicants will have 28 days from the date of application to provide their English language results if they did not provide them at time of application."

 

We have lodged an application on the last day before the suspension, 7th May. Our exam was on that day 7th May, We have now got the results and it's 6/5.5/5.5/6. ( we need 6 on each item)

After reading posts above and the:

Skilled – Sponsored (Migrant) Visa (Subclass 176)

 

It says that we need to provide results before the decision is made. So what is the best option for us, should be attached the low results, and make a note that: " yes we are planning to sit as many as needed to reach the desired 6". Or do not attach anything, but then why do they mention 28 days? Also the standard acknowledgment letter is asking for IELTs...

please help:(