English test exemptions for Australian visas: what each one covers

The passport route

The five countries are the same in every instrument: Canada, New Zealand, the Republic of Ireland, the United Kingdom and the United States. The test is citizenship plus a valid passport issued by that country. It works because:

• regulation 1.15C(2) says a person holding a passport of a type the Minister specifies has competent English, and regulation 1.15B(2) does the same for vocational English (LIN 25/016, Schedule 3 lists the five);
• LIN 25/082 treats these citizens as exempt applicants for the 482;
• LIN 25/089, section 9, names the same passports for the 485, which meets clause 485.212;
• LIN 25/090, section 7, exempts them for the 500;
• LIN 25/014 accepts the passport as evidence of functional English.

Home Affairs' student visa page notes that it may still ask a British National (Overseas) passport holder for test evidence.

A passport earns no points

Points come from Schedule 6D: 10 for proficient English and 20 for superior English, held at the time of invitation. Regulations 1.15D and 1.15EA define those levels only by test score; neither has a passport route. So a citizen with a UK passport meets the competent English floor for the 189, 190 and 491 without a test, but needs one, taken within 3 years before the invitation, to claim 10 or 20 points.

The 186 and 494: the passport still counts

These visas need competent English when you apply (clauses 186.222, 186.232 and 494.226), and the passport is competent English by definition. What they don't have is an exemption for people who can't show competent English: LIN 19/216 gives an English exemption only for the 187. Home Affairs' 186 Temporary Residence Transition page says: "From 16 November 2019, there is no exemption to the English language requirement for this stream of the visa." That statement is about people without competent English; it doesn't take the passport route away. The Labour Agreement streams follow the labour agreement.

Other 482 exemptions

Besides passport holders, LIN 25/082 exempts:

1. applicants with at least 5 years of full-time study at a secondary or higher education institution where instruction was in English;
2. applicants nominated to work at a foreign diplomatic or consular mission, or an Office of the Authorities of Taiwan in Australia;
3. applicants in an occupation that needs a licence, registration or membership, who hold it and had to show English at least equal to the 482 test score to get it;
4. employees of an established overseas business, nominated by that business or an associated entity, with annual earnings of at least AUD 96,400.

For the study route, Home Affairs' 482 English page asks for the name and location of each institution, the qualification level, an official transcript, the number of contact hours per week in English and the number of years of study.

Student visa exemptions

The 500 asks for English evidence only if Home Affairs requires it (clause 500.213), and section 7 of LIN 25/090 lists who never has to give it:

• citizens holding a valid passport from the five countries above;
• students whose only course is taught in a language other than English, or is an ELICOS course, a registered school course or a registered postgraduate research course;
• Foreign Affairs students, Defence students and secondary exchange students;
• applicants who, in the 2 years before applying, completed a Senior Secondary Certificate of Education, or a substantial part of a Certificate IV or higher course, in Australia and in English (Home Affairs' page adds: while holding a student visa);
• applicants with at least 5 years of study in English in Australia, Canada, New Zealand, South Africa, the Republic of Ireland, the UK or the US.

Functional English without a test

Functional English decides whether an adult family member pays the second instalment of the visa application charge, and it's a criterion for the 407 and 462 visas. LIN 25/014 and regulation 5.17 accept these instead of a test:

1. all years of primary education and at least 3 years of secondary education, or at least 5 years of secondary education, all taught in English;
2. at least 1 year of full-time study in Australia (or the part-time equivalent) towards a degree, higher degree, diploma or associate diploma, taught in English;
3. a degree, higher degree, diploma or trade certificate that needed at least 2 years of full-time study or training, all taught in English;
4. citizenship and a valid passport from one of the five countries.

What isn't an exemption

• A passport from another English-speaking country. South Africa, India, Singapore and others aren't on any passport list. South Africa appears only in the 500's list of countries where 5 years of English-language study counts.
• A Hong Kong or BNO passport. For the 485 these holders have a lower score table, not an exemption.
• Working in English. No instrument treats years of work in English as an exemption for the visa levels. AHPRA's registration standard has its own rules on this, separate from the visa.
• Study in Australia, for the skilled visas. It can earn 5 points for the Australian study requirement, but it isn't evidence of competent English.

If I'm exempt from the English test, do I get the 10 or 20 points?

No. Points need proficient or superior English, which can only be shown with a test taken within 3 years before the invitation.

I hold a US passport and want 20 points for superior English. Do I need a test?

Yes. Superior English is a test score only: for example IELTS 8 in each skill or PTE Academic 69/70/85/88, from a test taken within 3 years before the invitation.

Does the passport exemption apply to the 485?

Yes. Section 9 of LIN 25/089 names Canadian, New Zealand, Irish, UK and US passports held by a citizen of that country, and clause 485.212 accepts the passport instead of a test score.

I have a UK passport and I'm applying for the 186 Temporary Residence Transition stream. Is that enough?

The criterion is competent English (clause 186.222), and regulation 1.15C(2) with LIN 25/016 gives a citizen holding a valid UK passport competent English. Home Affairs' statement that the stream has no English exemption is about people who can't show competent English.

Does a South African passport exempt me from the English test?

No. South Africa isn't one of the five passport countries in any instrument. It does appear in the student visa list of countries where 5 years of study in English counts.

Does the passport exemption apply to student visas?

Yes. Citizens holding a valid passport from the five countries don't need to give English test evidence for the 500, although Home Affairs says it may still ask a BNO passport holder for a test score.

Can Australian study exempt me from the test for a 189?

No. Completing the Australian study requirement earns 5 points, but competent English for the 189 has to come from a test score or one of the five passports.