The changes to student visas keep coming with an announcement by the Minister of Home Affairs confirming the increased English language testing requirements effective from 23 March 2024, and the increase to the English requirements for temporary graduate visa applications that will also commence from tomorrow.

New English language thresholds for student visas

The legislative instrument for English language requirements for subclass 500 – Student visa has been registered and will come into effect the same day the genuine temporary entrant (GTE) requirement changes to a genuine student requirement.

The required test scores start at the minimum of an International English Language Test System (IELTS) overall band score of 5.0 if the applicant’s principal course is accompanied by at least 20 weeks of an ELICOS.

It increases to an IELTS overall band score of 5.5 if the applicant’s principal course is accompanied by at least 10 weeks of an ELICOS; or if they are enrolled in a standard or extended foundation program, which is a nationally recognised preparatory course for students who have not met the academic entry requirements for their intended Australian undergraduate university degree; or an eligible pathway program, which is a course when completed will provide academic entry to the second year of an Australian undergraduate degree.

For all others, the minimum test score is an IELTS overall band score of 6.0, unless otherwise exempt.

There are, of course, equivalent scores for the other approved English language tests:

• Cambridge English Advanced test (CAE)

• Occupational English Test (OET)

• Pearson Test of English Academic (PTE)

• Test of English as a Foreign Language internet‑based test (TOEFL iBT)

There are two interesting observations with the required scores. The first is that only IELTS and OET list the exact requirements: an overall band score for IELTS and each test component for OET. It is unclear for the others whether the minimum scores are component scores (reading, writing, listening, speaking) such as with OET, or overall band scores as with IELTS. Assuming the definition of required English language test score is singular, it has to be assumed it is an overall band score.

The second is that the English language test certificates are valid for two years, which is the same as the instrument it replaces. For skilled visas, the English language test scores are valid for three years regardless of what the certificate may say about its validity. Test scores are also flexible in that they are valid for two years from the date of application or decision. This accounts for when a decision-maker requests evidence.

There are, however, exemptions. These include applicants who:

• are citizens and passport holders of Canada, New Zealand, the Republic of Ireland, the United Kingdom, and the United States of America,

• are enrolled only in either a course not delivered in English, an ELICOS, a registered school course, or a registered post-graduate research course,

• are either a Foreign Affairs student, a Defence student, or a secondary exchange student,

• completed in the last 2 years before lodging their application, a senior secondary certificate of education conducted in Australia and in English,

• completed in the last 2 years before lodging their application a substantial component of a course leading to at least an Australian Qualifications Framework Certificate IV or higher qualification that was conducted in Australia and in English and while the applicant was holding a student visa,

• has successfully completed a minimum of 5 years of study in English in one or more of Australia, Canada, New Zealand, South Africa, the Republic of Ireland, the United Kingdom, or the United States of America.

Of course, the other major exemption is whether it is requested by the decision-maker or required “by use of a computer program available online”. The latter refers to the Document Checklist Tool, which weighs the country of passport, education provider, and type of visa applicant to determine what evidence is necessary. Education providers have recently been very mindful of wanting to keep or enhance their ranking and have reportedly cancelled some enrolments for students from higher-risk countries as visa refusals can affect their ranking.

The new English requirement will only apply to new student visa applications from 23 March 2024.

New Minister Direction for the Genuine Student requirement and updated student visa application form

The minister also stated in her announcement that there will be two ministerial directions for student visas in force. As expected, a new ministerial direction will guide decision-makers on how to assess the genuine student requirement with another used for existing caseloads where the genuine temporary entrant requirement applies.

Additionally, ImmiAccount, the platform used to lodge many visa applications, will be down for maintenance overnight from 22 March 2024 to amend application forms, including for student visas. More “targeted” questions will be asked of student visa applicants according to the Department of Home Affairs’ fact sheet.

Increased English language requirements for subclass 485 – Temporary Graduate visas

While the minister only specified the overall band score, a replacing instrument that will also be in effect on 23 March 2024 provides the exact minimum test scores necessary for subclass 485 – Temporary Graduate visas and technically also subclass 476 – Skilled – Recognised Graduate visas if they are ever available again. Subclass 476 visas were capped and ceased at the end of last year. For Hong Kong and British National (Overseas) passport holders, the scores have not changed.

For all others, and unless they a citizens and passport holders of Canada, New Zealand, the Republic of Ireland, the United Kingdom, or the United States of America, who do not need to sit a test, the minimum scores are:

• CAE: at least 162 for each test component, overall band score of at least 176

• IELTS: at least 5.5 for each test component, overall band score of at least 6.5

• OET: at least B for each test component,

• PTE: at least 43 for listening, at least 48 for reading, at least 42 for speaking, at least 51 for writing, overall band score of at least 57,

• TOEFL iBT: at least 7 for listening, at least 8 for reading, at least 16 for speaking, at least 18 for writing, overall band score of at least 83.

The new requirements will only apply to applications lodged from 23 March 2024.

Aside from the OET, passing test scores must be achieved in one sitting.

It is highly unfortunate that the instrument was registered only two days before it comes into effect. This is because, unlike for student visas, English language test scores are required at the time of applying and they now must have been achieved within one year before the day of applying. In the previous instrument, they were valid for three years.

While test scores are only valid for one year for this visa, they may be re-used for other visas in the future.