‘No English, no permanent residency’: New rules for Australian partner visas from late 2021

Acting Immigration Minister Alan Tudge has said migrants and their permanent resident sponsors applying for a partner visa will be required to have functional-level English or will have to demonstrate that they have made reasonable efforts to learn the language from the middle of next year.

Alan Tudge

New rules for Australian partner visas from late 2021. Source: AAP, Getty

Highlights
  • Australian partner visa applicants and their permanent resident sponsors will be required to have functional-level English as per new rules
  • New policy to come into effect in late 2021, says Immigration Minister Alan Tudge
  • The opposition says government must focus on clearing the partner visa application backlog
The Morrison Government has revived its push for migrants to demonstrate English language skills as they seek to maximise employment opportunities for new arrivals in a post-pandemic Australia.

Revealing more details about thethat was announced as part of the Budget on Tuesday, Minister Tudge has said the new policy is critical for social cohesion and boosting job prospects for migrants.
English is our national language and is critical to getting a job, fully participating in our democracy and for social cohesion - Alan Tudge
Minister Tudge said the English language skills will empower migrants and protect them against family violence and exploitation at work once they start to live in Australia permanently.

“We also know that without sufficient English language skills, migrants are particularly vulnerable to family violence and other exploitation and are less likely to know how and where to seek assistance,” Minister Tudge said in a press release on Thursday.
'Is the Morrison Government trying to force Australians to choose who they fall in love with?'
Shadow Minister for Immigration and Citizenship Kristina Keneally speaks to the media.
Shadow Minister for Immigration and Citizenship Kristina Keneally speaks to the media. Source: AAP
The new policy has caught the ire of the Opposition.

Questioning how the new language requirements will impact processing times for partner visas which have already blown out to two years, Labor's Shadow Home Affairs Minister Kristina Keneally said the Morrison Government "actually needs to deliver for Australians and the people they love."

"Is the Morrison Government trying to force Australians to choose who they fall in love with or marry based on their English language skills?" she questioned.

In the Budget, the government has also announced that it will allocate an additional 30,000 places to the partner visa category on a one-off basis for this financial year.

Calling it just another "empty announcement," Senator Keneally said the promise to increase allocation means nothing unless the government proves they can clear the growing application backlog. 
 
"Until the Morrison Government proves they are speeding up processing times and clearing the partner visa application backlog, this Budget announcement is just another attempt to get a headline that won’t help people," Ms Keneally said in a press release.
When will this new requirement come into effect?

The test which applies to both the applicant and their sponsor if they are a permanent resident rather than an Australian citizen will come into effect in late 2021.

Minister Tudge said both the prospective applicants and their sponsors will be required to have "functional-level English" or to demonstrate that they have made "reasonable efforts to learn English".

“People will be able to demonstrate this through, for example, the completion of 500 hours of free English language classes through the Adult Migration English Program (AMEP),” he said.

Earlier this year, the government had , enabling migrants’ access to an uncapped number of English language classes free of charge.
partner visa
Representational image. Source: Supplied
'No English, no permanent residency'

Explaining the new policy requirement, Melbourne-based migration agent Ranbir Singh said the applicants and their sponsors will have to demonstrate English language skills at the time of the permanent visa grant.

“Partner visa is a two-stage process – you first get a provisional visa for two years after which you are eligible to get a permanent visa grant.

“It is important to point out that as per the new policy, applicants and sponsors will NOT be required to demonstrate their English language competency at the time of lodgement of a provisional visa (309/820) but will have to demonstrate it at the time of applying for a permanent visa (100/801),” he clarified.
What is a ‘functional level’ of English?

While the government has not yet revealed the criteria for the English language requirement for partner visas, here’s what ‘functional’ English language means as per the Department of Home Affairs website.

In terms of language tests, a person’s English can be assessed as functional if they have scored an average band score of at least 4.5 based on the 4 test components in IELTS, an overall band score of at least 30 for each component in PTE, a total band score of at least 32 if they take TOEFL and an overall band score of at least 147 for each of the 4 components if they sit for CAE.
Mr Singh said if the Department sticks to the general definition of functional English, it should not be hard for applicants from source countries like India where most people largely have “above-average” vocational skills.

"Well largely it should not be hard for applicants from India to demonstrate functional levels of English, however, this is an absolutely unjust requirement that should not have been brought in in the first place because there will always be some people who would find it hard to qualify," he said.

Visit the Home Affairs for more details.

Disclaimer: This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors.

People in Australia must stay at least 1.5 metres away from others. Check your state’s restrictions on gathering limits.

If you are experiencing cold or flu symptoms, stay home and arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080.

News and information is available in 63 languages at 

Listen to  Monday to Friday at 9 pm. Follow us on  and 
 


Share
5 min read
Published 8 October 2020 1:01pm
Updated 8 October 2020 1:10pm
By Avneet Arora

Share this with family and friends