English language

Initial Registration Applicants

English language proficiency

All first time applicants for registration as a migration agent must demonstrate they meet the English language requirement.  The Minister has specified four ways to satisfy this requirement in Legislative Instrument IMMI 18/003.  There are no exemptions to this requirement.

Under legislation, you must demonstrate you meet the prescribed English language requirement at the time you lodge your application for registration as a migration agent. If you have not met the requirement prior to lodgement, a decision may be made to refuse your application. If a decision is made to refuse your registration application, under legislation you will not be able to lodge another application within 12 months of the date of the refusal decision.

If you do not clearly meet Education Option 1 or 2 or do not hold a current Australian legal practising certificate, please consider sitting an English language exam (number 3 below) prior to enrolling in the prescribed course (Graduate Diploma from 1 January 2018). There have been a number of instances of applicants having paid for, and completed the prescribed course who have been unable to achieve the minimum specified scores in the English language tests.

1. Education Option 1

You have successfully completed:

• secondary school studies to the equivalent of Australian Year 12, with a minimum of four years' study at secondary school or equivalent; and
• a Bachelor degree or higher degree, with a minimum of three years' equivalent full-time study; where
  
• your secondary school and degree studies were completed at educational institutions in Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom and/or the United States; and
• English was the language of instruction at these educational institutions; and
• your study was undertaken while you were living in the country where your degree was awarded and your schooling was completed.

2. Education Option 2

You have successfully completed:

• secondary school studies either to the equivalent of Australian Year 10 or Year 12; and
• at least 10 years of primary and/or secondary schooling; where
  
  • English was the language of instruction at your school or schools; and
  • your schooling was undertaken and  completed in Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom and/or the United States; and
  • you were living in either Australia, Canada, Ireland, New Zealand, South Africa, the United Kingdom and/or the United States throughout your period of schooling.

3. IELTS (Academic) or TOEFL IBT

You have achieved, no more than two years before making your application:

1. A minimum overall test score of 7 in the International English Language Testing System (IELTS) in the Academic module, with a minimum score of 6.5 in each subtest (speaking, listening, reading, writing); or
2. A minimum overall test score of 94 in the Internet Based Test of English as a Foreign Language (TOEFL) (IBT), with a minimum score of:
   - 20 in speaking
   - 20 in listening
   - 19 in reading
   - 24 in writing

Note:  IELTS and TOEFL are currently the only specified tests of English proficiency.

4. Legal Practising Certificate

You are the holder of a current Australian legal practising certificate.

What if I do not meet any of the above requirements?

You should be aware that if you are unable to meet the English language proficiency requirements, the OMARA will not be able to approve your application for registration.

You should also be aware that there is no refund of the application fee if you decide to withdraw your application or if your application is refused.

What is the legislative basis for this requirement?

• Section 289A of the Migration Act 1958
• Regulation 5 of the Migration Agents Regulations 1998
• Legislative Instrument IMMI18/003

Evidence requirements

The table below summarises minimum evidence requirements.

Repeat Registration Applicants 

There are no requirements to provide evidence of English language proficiency when applying for repeat registration.