English Language Requirements, Berenguel “Reversed”
The 1 July 2011 - Points Test for Certain Skilled Migration Visas document, under the heading Better English levels, reads:
To claim points for proficient or superior English language, all applicants, including citizens of United Kingdom, Canada, New Zealand, the United States of America or the Republic of Ireland, will need to complete an English language test. The test must be completed before the visa application is lodged.
David Stewart, Program Director, General Skilled Migration, DIAC, has advised the MIA:
I have been advised there are Regulation changes on 1 July, which change the definition of Competent, Proficient, etc, English. This change effectively is a reversal of the position created by the Berenguel decision, as it is will be defined in the Regulation that the English test must have been conducted in the two years immediately preceding the date of the visa application:
(ii) the test was conducted in the 2 years immediately before the day on which the application was made;
This will mean that for applications lodged from 1 July the required International English Language Testing System (IELTS) / Occupational English Test (OET) results must be provided with the application; if not, the application must be refused. It is likely some applicants had been planning to lodge applications and provide test results later (although DIAC had not changed its view that Competent English was a Time of Application criterion).
Unfortunately this information was not included in the Roadshows. Information was posted on the web yesterday, advising tests must be completed prior to an application being made.
Changes to the time of provision of evidence of English language ability – 2010There are new arrangements for the provision of evidence for English language ability. Applicants for the following GSM subclasses have until the time of decision to provide evidence of their English language ability.
Skilled – Independent (Residence) visa (subclass 885)
Skilled – Sponsored (Residence) visa (subclass 886)
Skilled – Independent (Migrant) visa (subclass 175)
Skilled – Sponsored (Migrant) visa (subclass 176)
Skilled – Provisional (Regional Sponsored) visa (subclass 475)
Skilled – Provisional (Recognised Graduate) visa (subclass 476)
Skilled – Provisional (Graduate) visa (subclass 485)
Skilled – Provisional (Regional Sponsored) visa (subclass 487).
Applicants should not delay in providing their evidence of English language ability. The department will not delay finalising applications where English language test results have not been provided at time of application. （Applicants will have 28 days from the date of application to provide their English language results if they did not provide them at time of application）. At this point in time, if evidence has not been provided the application will be refused.
will have 28 days from the date of application to provide their English language results
是你将会有28天时间提交英文成绩(这里是of application,而不是before或after)
当然,也不是finalise,我只能承认DIAC在这里的表达很有艺术.
条件就是if they did not provide them at time of application
另外,别再讨论什么豪赌不豪赌的,无意义,或者别人觉得不是问题呢!
相反,我觉得你才是忽悠.你所有的信息都是听说回来的.
而我的信息是直接PLE移民局的回复.
居心不良的是你自己.真的不明白你是什么心态.
每个人都有自己的判断能力,如果有疑问,应该直接PLE移民局.
而不是根据你或我的言论去决定.
再次帖上之前PLE得到的回复,请你看清楚,别再道听途说了.
If you lodge your General Skilled Migration visa application without your IELTS test results, and subsequently fail to achieve the required results on your IELTS test, the decision maker assessing your application need only allow you that one opportunity (one examination) to demonstrate that you meet the required level of English language ability. Research indicates that scores are unlikely to improve dramatically without extensive English language tuition in the interim.
English Language Requirements, Berenguel “Reversed”
The 1 July 2011 - Points Test for Certain Skilled Migration Visas document, under the heading Better English levels, reads:
To claim points for proficient or superior English language, all applicants, including citizens of United Kingdom, Canada, New Zealand, the United States of America or the Republic of Ireland, will need to complete an English language test. The test must be completed before the visa application is lodged.
David Stewart, Program Director, General Skilled Migration, DIAC, has advised the MIA:
I have been advised there are Regulation changes on 1 July, which change the definition of Competent, Proficient, etc, English. This change effectively is a reversal of the position created by the Berenguel decision, as it is will be defined in the Regulation that the English test must have been conducted in the two years immediately preceding the date of the visa application:
(ii) the test was conducted in the 2 years immediately before the day on which the application was made;
This will mean that for applications lodged from 1 July the required International English Language Testing System (IELTS) / Occupational English Test (OET) results must be provided with the application; if not, the application must be refused. It is likely some applicants had been planning to lodge applications and provide test results later (although DIAC had not changed its view that Competent English was a Time of Application criterion).
Unfortunately this information was not included in the Roadshows. Information was posted on the web yesterday, advising tests must be completed prior to an application being made.
你看清楚吧
This will mean that for applications lodged from 1 July the required International English Language Testing System (IELTS) / Occupational English Test (OET) results must be provided with the application; if not, the application must be refused.
那个是指7.1之后的申请啊!
不知道这位同学注意到以下关键词没有
1 July 2011
Regulation changes on 1 July
applications lodged from 1 July
而大家一直在讨论的，是before 1 July，对吗？
其实我最想说的是，大家都别争了，这样的争论根本不会有结果，还伤感情，其实大家出发点是好的，意见不同而已，何必呢。
半年后，结果大概就清楚了，悲剧的话，自己的选择，自己承受，喜剧的话，大家一起庆祝。
最后说下我自己，我6月23号PLE移民局关于雅思可否后补的问题，得到的回复当然是一堆官话，复制粘贴网站上那些声明而已，
不过，里面的确有这样一段话：
If you lodge your General Skilled Migration visa application without your IELTS test results, and subsequently fail to achieve the required results on your IELTS test, the decision maker assessing your application need only allow you that one opportunity (one examination) to demonstrate that you meet the required level of English language ability. Research indicates that scores are unlikely to improve dramatically without extensive English language tuition in the interim.
For detailed information about planned system maintenance or current technical issues including known system errors.
See: Planned System Maintenance and Technical Issues
2011年6月30日之前的175submit申请，雅思有以下4种可能。
1. lodge之前有理想的雅思成绩，100％OK（这个就不用讨论了）。
2. lodge时没有理想的雅思成绩，28天内能提供的，100%OK。这个DIAC的Director的回信和官网的说明都很清楚。
3. lodge时没有理想的雅思成绩，29天以上至分CO之前的， 20%OK。
Applicants should not delay in providing their evidence of English language ability. The department will not delay finalising applications where English language test results have not been provided at time of application. Applicants will have 28 days from the date of application to provide their English language results if they did not provide them at time of application. At this point in time, if evidence has not been provided the application will be refused.
从上面DIAC官方说法来看，没有任何“强制”、“必须”的字样表明29天以上就不行。但可以看出，如果移民局的预审员（有可能有道手续来判断打分够不够）或CO碰到你的案子的时候，如果你没有雅思，DIAC有权refuse你的申请，但也没说一定refuse。
总结来说就是elodge后超过29天，DIAC可以处理你也可以拒绝你，主动权在DIAC。
如果自己有合理的理由，能够说服DIAC晚交雅思的原因的话，自己还有一定主动权——如果拒签可以打官司，但我实在是想不出有什么“合理的理由“。
4. lodge时没有雅思，分CO之后也没有雅思，OK的可能性5%。
Applicants for the following GSM subclasses have until the time of decision to provide evidence of their English language ability.
这里写的是”做出决定“或者说，就是CO宣判你的案子的时候。
这种情况下主动权完全在CO，他可以秒拒你的case，也可能让你N（N通常为28）天内补雅思。这个”the time of decision“完全取决于CO个人，他可以一看到你的案子就算你没雅思；他也可以给你个机会让你补上雅思。我认为准签的可能性是5%，甚至更小。