Changes to the Subclass 457 Visa Program – English Language Requirements

English language proficiency requirements

The English language proficiency requirements were introduced to the Subclass 457 visa program on 1 July 2007.  They require applicants for Subclass 457 visas to demonstrate certain levels of English language proficiency before the visa may be granted.

Why was the requirement introduced?

The English language proficiency requirement will help to ensure overseas workers are able to respond to occupational health and safety risks, raise any concerns about their welfare with appropriate authorities and benefit Australia by sharing their skills with other workers.

What is IELTS?

IELTS, which stands for International English Language Testing System, is a test designed to assess an applicant’s English language ability. It has an academic test and a general training test – applicants only need to take the general training test unless advised otherwise by a registration or licensing body.

IELTS examinations are available worldwide. Information on fees, available test dates and application forms are available on the IELTS website.
See: International English Language Testing System

14 September 2009 - changes to the English language proficiency requirements

There are some changes to the English language proficiency requirements for Subclass 457 visa which came into effect on 14 September 2009.

All primary Subclass 457 visa applicants who are sponsored by a Standard Business Sponsor must demonstrate that they have English language proficiency that is equivalent to an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening.  Prior to 14 September2009, applicants required an average test score of at least 5 across the four test components.

Where the nominated occupation requires a higher level of English (equivalent to IELTS test score of more than 5 in each of the four test components) because it forms part of that occupation’s registration, licensing or membership requirement, the visa applicant must have at least the standard of English language proficiency required for the grant of that registration, licence or membership.

This requirement affects all new subclass 457 visa applications from 14 September 2009, as well as visa applications which were made before but not decided by 14 September 2009.

English for Registration/Licensing/Membership

A higher level of English is required for certain occupations where it forms part of registration/licensing or membership. You can find out if your occupation requires a higher level of English by contacting the assessing authority for your nominated occupation. Contact details for assessing bodies and skills recognition are available on the Department’s website.
See: Australian skills recognition information (ASRI)

If your nominated occupation requires a higher level of English (equivalent to IELTS test score of more than 5 in each of the four test components) because it forms part of that occupation’s registration, licensing or membership requirement, the visa applicant must have at least the standard of English language proficiency required for the grant of that registration, licence or membership.

Who must meet the requirement?

All primary applicants must meet the English language requirement for visa grant unless they fall into one of the categories of exempted persons:

• the applicant is a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
• the nominated occupation does not require a level of English language proficiency for grant of registration, licence or membership, and the applicant’s nominated occupation is within the highly skilled major groups 1-3 of the Australian Standard Classification of Occupations (ASCO), comprising managers, administrators, professionals and associate professionals, excluding chefs (ASCO 3322-11) and head chefs (ASCO 3322-01) – applicants for these two occupations must satisfy the English language proficiency requirement.
  • From 2 June to 13 September 2009, visa applicants nominated for chef and head chef positions were required to obtain an average score of IELTS 5 across all four test components.

• From 14 September 2009, visa applicants nominated for chef and head chef positions are required to obtain an IELTS test score of at least 5 in each of the four test components.
• the applicant is to be paid at least a salary specified in a legislative instrument (initially a gross base salary of $81 040 excluding all deductions and based on a 38 hour week) and the grant of the visa is in the interests of Australia. This salary is the minimum required to be paid for the duration of the visa.
  Note: The introduction of market salary rates for Subclass 457 visa holders on 14 September 2009 does not change this exemption.  The salary for the English language exemption is still set at a gross base salary of $81 040 excluding all deductions and based on a 38 hour week.
  See: Nomination eligibility
• the applicant’s nominated occupation does not require a level of English language proficiency for grant of registration, licence or membership, and they have completed at least five years of continuous full time study in a secondary and/or higher education institution where instruction was conducted in English.
• the applicant is nominated for an occupation which will be performed at a diplomatic or consular mission of another country or an office of the authorities of Taiwan located in Australia.

If you are seeking an exemption from the English language proficiency requirement on the basis of completion of five continuous years of study at a secondary and/or higher institution where the instruction was in English, you should also provide the following information with your application:

• name and location of the institution
• level of qualification
• official transcript from the secondary and/or tertiary institution
• number of contact hours of instruction per week delivered in English
• number of years of continuous study.

Frequently asked questions (FAQ) about the English language changes

Answers to commonly asked questions about the new English language requirements.
See: Frequently Asked Questions About English Language Requirements