The former Immigration Minister announced on 1 May 2006 that further improvements would be made regarding English language to ensure temporary skilled workers under 457 visas have at least functional levels of English, subject to consultation with industry. The former Minister noted that this would help to protect both foreign and Australian workers, particularly in situations where a lack of English language skills can pose an occupational health and safety risk.

On 26 April 2007, the Minister for Immigration and Citizenship, the Hon Kevin Andrews MP, announced that an English language requirement would commence from 1 July 2007.

From 1 July 2007, employers who seek to sponsor must ensure that overseas workers they employ have functional English language skills equivalent to an overall band score of 4.5 in an International English Language Testing System (IELTS) test OR where a higher level is required for licensing/registration, that level of English language skills.

From 1 July 2007, Subclass 457 primary visa applicants will be required to provide evidence of their English language skills. The department may seek formal demonstration of the applicant’s English language skills through an International English Language Testing System (IELTS) test, based on information provided in the application and other risk factors. The methodology to establish when formal IELTS testing will and will not be required is yet to be determined.

The English language requirement applies to all sponsorship applications lodged but not decided before 1 July 2007 and all sponsorship applications lodged on or after 1 July 2007. It also applies to all Subclass 457 primary visa applications lodged but not decided before 1 July 2007 and all Subclass 457 primary visa applications lodged on or after 1 July 2007.

The changes do not impact existing visa holders while they remain on their present Subclass 457 visa. Should a Subclass 457 visa holder seek to apply for a further Subclass 457 visa, they would be required to meet the new English language requirement along with all other relevant regulatory criteria.

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