Immigrants applying for a partner visa and their sponsors will be tested for 'functional levels' of English in order to migrate to Australia, in a move to improve social cohesion.
Functional English requirement
Functional English simply means you have good enough knowledge of basic English to perform everyday tasks.
To prove that your English is “functional”, you may need to achieve the following scores on one of the five English language tests recognised by the Department of Home Affairs.
• 4.5 for IELTS
• 32 for TOEFL iBT
• 30 for Pearson
• 147 for CAE
Your test must have been completed within 12 months of visa application lodgement or can be completed during visa application processing.
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Other proof of functional English competency:
- You are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland
- You must have a positive assessment from the Adult Migrant English Program (AMEP)
- The appropriate education criteria such as completed degree, a higher degree, a diploma or a trade certificate in an institution in or outside Australia that require at least two years of full-time study and all instructions were in English.
You can also provide evidence that you undertook your education at:
- a primary school and secondary school where all instruction was in English in or outside Australia AND have evidence covering all years of primary and at least 3 years of secondary study
- a secondary school in or outside Australia where all instruction was in English which was at least 5 years of study
- an institution in Australia where all instruction was in English where at least 1 year of full-time study towards a degree, higher degree, diploma, or associate diploma
- an institution in Australia where all instruction was in English where the part-time equivalent of 1 year of full-time study towards a degree, higher degree, diploma, or associate diploma
National Cabinet has been postponed after Scott Morrison reported 'technical problems' getting to Sydney. Source: AAP
Additional burden vs social cohesion
Prime Minister Scott Morrison is hopeful raising English language expectations for migrants will help them recognise their rights while living in Australia
“English unifies the country and it enables us to all connect both economically and socially and so that's why we believe that is an important step that needs to be taken.
I don't want to see people who come to Australia be vulnerable. If you're English language skills are not strong or even non-existent then you will be more vulnerable in Australia from a negative point of view”
Acting Immigration Minister Alan Tudge revealed new details of the English language requirements for people applying for partner visas.
Acting Immigration Minister Alan Tudge announces English language program overhaul and changes to citizenship tests. Source: AAP, Getty
Mr Tudge said there were about one million partners living in Australia with poor or no English skills, which he argued limited their work and social skills.
He said the new changes would also help protect vulnerable immigrants from controlling partners.
“In some cases the husband will not his partner or wife to learn English. And in part, that's for control reasons. And we want to encourage everybody to be able to learn English, so they can fully engage in Australian life”
The government may require immigrants who do not speak English to have 500 hours of free class through the Adult Migration English Program.
While it’s a shocking announcement for everyone in the migration industry, Registered Migration Agent Johanna Nonato welcomes this as a positive change for some of her clients who are vulnerable to family and domestic violence.
New English language requirements announced for Australian partner visas Source: Getty Images
"I see the purpose. I’m also taking up Law and I am doing an internship in family law. I have witnessed the devastating effects on family violence victims if they don't know how to communicate in English."
"That’s one of the reasons. Also for the economic benefits and to ensure that visa holders can effectively engage with the community and access services meant for them. So I buy that.”
Nonato understands that people will have different perspectives.
It's a massive extra load for someone who is navigating this lengthy process of partner visa application.
Some couples have called the change as an “additional burden”, critics call it “discrimination” but the government says it will build "social cohesion".
The new requirements introduced by the federal government will kick in from the middle of 2021 and specify that the Australian spouse will also need to pass the test, if they are a permanent resident not a citizen.
What the changes mean for Partner Visa applicants
Close-Up Of Couple Holding Hands Source: Getty Images
According to Ms Nonato, the new measures are likely to cause delays in the process to lodge a Partner Visa application. Delays could have different impacts on partner visa applicants based on whether they are applying onshore or from overseas.
Those lodging a partner visa application from overseas could face a longer waiting period before being reunited with their partner in Australia due to border restrictions.
The good news is that the English language requirements will need to be fulfilled at the second stage of the application process when the partner wants to become a permanent resident.
“Most likely, partners are already here in Australia by that stage and it will give them about two years of preparation before lodging the English level requirement.”
One way to demonstrate a committed attempt to learn the language would be to complete 500 hours of free English classes. For non-English speakers, it could be a nightmare.
“People intending to take English exams should also consider the validity of their test result and make sure it will cover the processing time.“
Currently there is a two-year waiting period for permanent partner visas, and applications start from $7,715. If the partner has zero English knowledge, the sponsor may have to consider paying extra for the partner’s English training.
The current time for offshore Partner Visa applications is 12 to 17 months.
About 40,000 visas were granted in 2017-2018 according to the most recent figures, and there were double that number in pending applications.
The cap on partner visas has been increased to 72,300 for the 2020-21 financial year with priority given to onshore applicants or their partners who live in designated regional areas.
Mr Tudge said further details about changes to partner visas would be announced over the next few months.
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