Spouse's proof of English for the 485 visa?

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Spouse's proof of English for the 485 visa?

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Old 12-27-2012, 07:03 AM
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Spouse's proof of English for the 485 visa?


I just lodged an online application for 485 and I would like to know if my spouse has to meet any language requirement. In the immigration website there is no english requirement for the spouse, but after I lodged my application there is a checklist of documents to be attached and one of them is evidence of english language for my spouse. I am confused because the immigration website is contradictory. I look it up further and found the following text:

Spouse's proof of English for the 485 visa?
It has come to our attention over a period of time that DIAC has been making
unlawful requests to 485 applicants who are including a dependent spouse in
their applications. DIAC is often requesting spouses to demonstrate they have
Functional English or pay the $3510 second installment fee.

All applicants should be aware that for the 485 visa your spouse does not
have to demonstrate any evidence of their English ability!!
If anyone reading this newsletter has paid the $3510 fee for their 485 visa they
should be requesting an immediate refund from DIAC as the request in the first
instance was unlawful.
If you also made a booking for an IELTS test for your spouse on the basis of the
case officer request for an IELTS result you also have the right to ask DIAC to pay for the IELTS test.
Our office raised this issue to the Minister and we received a quick reply
apologising for such requests being made. If any student out there has paid this
2nd installment for their spouse, please send us an e-mail.

Does anyone has any idea what to do about this? Does my spouse has to do an Ielts test? Does a diploma certificate level works as a evidence of english language?

Thank you

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Old 12-27-2012, 12:51 PM
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The newsletter is correct - according to the law, there is no minimum English requirement or English payment for secondary applicants (members of the family unit) of an applicant for either the subclass 485 Skilled Graduate Visa or the subclass 476 Recognised Skilled Graduate visa.

Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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Old 12-27-2012, 05:08 PM
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Thank you for your response

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Old 12-28-2012, 10:25 AM
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Please update your flag here .

How about skilled independent 189 visa? Does the spouse need to take ielts? I also read that if the graduation medium of instruction is English then ielts is not required.

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Old 12-28-2012, 11:55 PM
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Hi There,

The Skilled 189 Visa does not require secondary applicants to complete an IELTS exam.

Chris Evans
Migration Agent 1173793
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