2017-Jan 13: Expressions of Interest – English language requirements

Visa Pak 292: Advice for staff about English language requirements for the Skilled Migrant category, and when the test results need to be valid until.

Visa Paks

13 January 2017

Expressions of Interest – English language requirements

Recently there have been a number of queries regarding applicants meeting the English language requirements when submitting an Expression of Interest (EOI) to apply for residence under the Skilled Migrant Category (SMC).

If a potential SMC applicant has completed their EOI stating that they ‘otherwise meet the minimum requirement’ and then, in the notes field indicate that they are planning to do an English language test, we should not be issuing Invitations to Apply (ITA) for residence because their claim to meet the minimum standard is not credible and this is contrary to immigration instructions.

At the time a principal applicant submits their EOI, they must confirm that they:
•meet the minimum standard because they have completed an approved English language test and obtained the required score; OR
•meet the other requirements relating to country of citizenship and residence or qualifications obtained in specified countries.

If the principal applicant is claiming points for their partner’s skilled employment or qualifications, the partner must also meet the minimum standard at the time an EOI is submitted, as these bonus points are pertinent to the principal applicant’s ability to be selected from the EOI pool and issued an ITA.

All other secondary applicants (this includes partners of the principal applicant in cases where the above bonus points are not claimed) do not need to show they meet the minimum standard of English at the time an EOI is submitted. As secondary applicants are able to pre-purchase English for Speakers of Other Languages tuition if they do not meet the minimum standard of English, it is not critical to the selection or invitation process whether or not the partner can meet the minimum English requirement at the point an EOI is submitted. If a secondary applicant does sit and pass an approved English test prior to an application being decided, this will be taken into account in the decision-making process.