Changes to the Subclass 457 Visa Program – English Language Requirements

What are the English language requirements?

A new English language requirement was introduced to the Subclass 457 visa program on 1 July 2007.

Recent changes to the English language requirements

On 1 April 2009, the government announced an increase to the minimum English language requirement from IELTS 4.5 to IELTS 5 for all Subclass 457 visa applicants in the Australian Standard Classification of Occupations (ASCO) Major Groups 4 to 7 occupations and chefs and head chefs (ASCO 3322-11 and ASCO 3322-01), as one of the immediate measures to improve the integrity of the Subclass 457 visa program.

The measures were developed through 2008 following the commitment by the government in last year's Budget to implement a package of longer-term reforms to the Subclass 457 visa program in 2009 to improve both its integrity and ability to deliver the skills needed in the economy.
See: Government announces changes to 457 visa program

The change to the English language requirement from IELTS 4.5 to IELTS 5 is effective from 14 April 2009. This new requirement will apply to all Subclass 457 visa applicants who are nominated for an occupation in ASCO Major Groups 4-7 or chefs and head chefs (ASCO 3322-11 and ASCO 3322-01) who lodge their application on or after 14 April 2009.
Note: Applicants who lodged Subclass 457 visa applications before 14 April 2009 as chefs and head chefs (ASCO 3322-11 and ASCO 3322-01) that were not finalised, were previously advised to provide evidence that they had successfully been tested as having English proficiency at IELTS 4.5.

As at 2 June 2009, applicants in this situation no longer need to meet this requirement. Subclass 457 visa applicants in this position may wish to contact their relevant case officer for further information.

This change to the English language threshold was introduced to address concerns about the exploitation of workers from non-English speaking countries and to better align with the English language requirement of permanent skilled migration categories.

What is IELTS?

IELTS 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

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)

Why was the requirement introduced?

The English language 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.

Who must meet the requirement?

All primary applicants must meet the new English language requirement of IELTS 5 unless they have been nominated for a position that does not require English language for licensing or registration and any one of the following exempted person categories apply:

• they are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
• their 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 except chefs (ASCO 3322-11) and head chefs (ASCO 3322-01) – applicants for these two occupations must satisfy the English language requirement
• they are 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.
  See: Nomination eligibility
• they have completed at least five years of continuous full time secondary and/or tertiary education at an institution where instruction was conducted in English
• they:
• held a Subclass 457 visa on 14 April 2009
  and
• are seeking a subsequent Subclass 457 visa that has the same or an earlier end date than the end date of the visa they held on 14 April 2009.

This last exemption category means that Subclass 457 visa holders may transition between employers onshore without having to satisfy the English language requirement provided they are not seeking to extend their stay past the end date of the visa they held on 14 April 2009.

Important: If you completed study at an institution where instruction was in English, you should 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.

Do current Subclass 457 visa holders need to meet these requirements?

Current visa holders will not be required to demonstrate their English skills while on their current visa (unless required by licensing or registration).

Current visa holders who apply for a further Subclass 457–Business (Long Stay) visa after 14 April 2009 will need to meet the new English language requirement of IELTS 5, unless they are in an exempted person category described above.

Applicants that do not meet the English language requirement will not meet the criteria to be granted a further Subclass 457–Business (Long Stay) visa and will be required to make arrangements to depart Australia or apply for another visa that is appropriate to their continued stay in Australia.
See: Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa Notice 2009 (544KB PDF file)

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