Evidence of functional English: LIN 25/014

The Migration (Evidence of Functional English Language Proficiency) Instrument 2025 was signed on 5 August 2025 by the Assistant Minister for Immigration, Matt Thistlethwaite, under paragraph 5.17(a) of the Migration Regulations 1994. It commenced on 7 August 2025 (section 2) and repealed IMMI 15/004, the 2015 specification of evidence of functional English (Schedule 2). The current text is Compilation No. 0, the instrument as made.

The explanatory statement describes its purpose as specifying the qualifications or experience a person must have to meet the definition of functional English in paragraph 5(2)(b) of the Migration Act 1958, and the passports that establish it. It updates the tests and scores following the Department’s Request for Expression of Interest process that commenced in July 2022.

Where functional English is required

Section 4 defines a relevant application as any application, including a visa application or an application under section 140GB of the Act to approve a nomination, where a criterion or requirement calls for functional English. The instrument gives two examples: subregulation 2.72A(14), under which the Minister must be satisfied a nominee has functional English before approving a nomination, and clause 407.212, under which an applicant for a subclass 407 (Training) visa must have functional English.

The explanatory statement notes that regulation 5.17 also prescribes evidence of an award requiring at least 2 years of full-time study or training conducted in English (paragraph 5.17(c)) and, where the paragraph 5.17(a) evidence cannot be provided, a determination by the Minister after an interview (paragraph 5.17(d)).

The four kinds of evidence

Section 6 accepts any one of:

• (a) completion, at institutions where all instruction was in English, of all years of primary education and at least 3 years of secondary education, or at least 5 years of secondary education;
• (b) successful completion in Australia of at least 1 year of full-time study, or equivalent part-time study, towards a degree, higher degree, diploma or associate diploma, with all instruction in English;
• (c) a minimum score in Schedule 1 in a test based on all four components, taken in the 12 months before the application or on or after the day it is made; or
• (d) citizenship of, and a valid passport issued by, Canada, New Zealand, the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland or the United States of America.

Schedule 1 – minimum test scores

Test	Score type (Schedule 1 column)	Minimum
CELPIP General	Overall band score (column 3)	5
IELTS Academic	Average band score (column 2)	4.5
IELTS General Training	Average band score (column 2)	4.5
LANGUAGECERT Academic	Overall band score (column 3)	38
MET	Overall band score (column 3)	38
OET	Overall band score (column 3)	1020
PTE Academic	Overall band score (column 3)	24
TOEFL iBT	Total band score (column 4)	26

Schedule 1 sets one average, overall or total score for each test, with no separate minimum for any component.

Tests taken before 7 August 2025

Section 7 accepts four older tests for a relevant application made on or after 7 August 2025, where the test was taken before that day and in the 12 months immediately before the application:

Section 7 – tests undertaken before 7 August 2025

Test	Minimum score	Provision
IELTS	Average band score 4.5	Section 7(2)
TOEFL iBT	Total band score 32	Section 7(3)
PTE Academic	Overall band score 30	Section 7(4)
Cambridge English Advanced (CAE)	Overall score 147	Section 7(5)

Which applications it applies to

Section 8 applies the instrument to a relevant application made on or after 7 August 2025 and for other purposes under the Act and the Regulations relating to functional English from that day.