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Skilled Migrant English-language evidence alternatives tightened

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryNew Zealand
Operative dateOctober 12, 2016
CategoryMigration policy
Affected groupSkilled migrant principal applicants and relevant accompanying partners and dependent children

Policy effect

From October 12, 2016, Skilled Migrant English-evidence alternatives were restricted to specified citizenship and qualification routes. Citizenship of Canada, Ireland, the UK or the US required at least five years of work or education in those countries, Australia or New Zealand. A recognised level-7 bachelor-equivalent qualification required at least two academic years of study in those six countries; a recognised level-8-or-higher qualification required at least one academic year. Officers could still require IELTS: at least 6.5 overall for principal applicants and 5 for relevant non-principal applicants, with results no more than two years old when the application was lodged. Relevant partners and dependent children aged 16 or older could instead pre-purchase ESOL, except where the higher partner-points requirements applied. Specified earlier evidence remained available case by case for applications invited on or before October 11. The Parent Category English standards were unchanged.

Conditions and exceptions

Validated condition or limit: Citizenship of Canada, Ireland, the UK or the US required at least five years of work or education in those countries, Australia or New Zealand.; A recognised level-7 bachelor-equivalent qualification required at least two academic years of study in those six countries; a recognised level-8-or-higher qualification required at least one academic year.; Officers could still require IELTS: at least 6.5 overall for principal applicants and 5 for relevant non-principal applicants, with results no more than two years old when the application was lodged.; Relevant partners and dependent children aged 16 or older could instead pre-purchase ESOL, except where the higher partner-points requirements applied.; Specified earlier evidence remained available case by case for applications invited on or before October 11.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… pal applicants invited to apply on or before 11 October 2016 SM5.10 English language requirements for non-principal applicants SM5.10.1 Transitional provisions for non-principal applicants included in applications for which the invitation to apply was issued on or before 11 October 2016 Instructions for SMC applicants at SM5.5 Minimum standard of English for principal applicants and SM5.10 English language requirements for non-principal applicants have been amended to give effect to new English language requirements. Under the new English language requirements, evidence of English language tha … t will be accepted in place of an English language test includes:  citizenship of Canada, the Republic of Ireland, the United Kingdom (U) or the United States of America (USA), provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand  a recognised qualification comparable to a New Zealand level 7 bachelor’s degree, gained in Australia, Canada, New Zealand, the Republic of Ireland, the UK or the USA as a result of study undertaken for at least two academic years in one or more of those countries, or  a recognised … qualification comparable to a New Zealand qualification at level 8 or above, gained in Australia, Canada, New Zealand, the Republic of Ireland, the UK or the USA as a result of study undertaken for at least one academic year in one or more of those countries. Instructions under which applicants can be considered to have an English-speaking background if they have been lawfully employed full-time in an occupation in New Zealand for a minimum of 12 months, that allow for a wide range of qualifications undertaken in English to be considered as evidence of meeting English language requirements, an … d that provide for immigration officers to otherwise be satisfied through other evidence that an applicant is a competent user of English have been removed. Transitional provisions have been inserted to allow applicants invited to apply on or before 11 October 2016 to also meet the minimum English language requirements in place at the time they were invited to apply. Cross references to SM5.5 have been amended in SM5.15 and SM17.5 as necessitated by these transitional provisions. F4.10 Expressions of interest and applications under the Parent Category F4.10.15 has been amended to state that, d … an IELTS certificate in terms of paragraph SM5.5 (b). In such cases, the IELTS certificate will be used to determine whether the principal applicant meets the minimum standard of English. 14 Note: Full consideration must be given to all evidence of English language ability provided before a decision to request an IELTS certificate under SM5.5.1(d) is made. If an IELTS certificate is requested the reason(s) behind the decision must be clearly documented and conveyed to the applicant. 15 SM5.10 English language requirements for non-principal applicants a. Unless SM5.15 applies, partners and dep … endent children aged 16 and older, who are included in Skilled Migrant Category applications, must: i. show that they meet a minimum standard of English to enable successful settlement in New Zealand; or ii. pre-purchase ESOL training. b. Non-principal applicants meet the minimum standard of English if they provide a Test Report Form (no more than 2 years old at the time the application is lodged) from IELTS, showing they achieved an overall band score of at least 5 in the IELTS General or Academic Module. c. Other evidence that a non-principal applicant meets the minimum standard of English i … 11 October 2016 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2016/06 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments in Appendix 1 and operate in accordance with the amended instructions on and after 12 October 2016. Note The amendments described in this circular will be published in the Immigration New Zealand Operational on 12 Octobe … r 2016. Any enquiries about these amendments should be directed to the Immigration Contact Centre on 0508 558 855 or 09 914 4100 (Auckland only). Changes to residence instructions effective on and after 12 October 2016 R6.1 New Zealand Residence Programme R6.5 Allocation of places within the New Zealand Residence Programme These provisions have been amended to give effect to the New Zealand Residence Programme (NZRP) for the 2016/17 to 2017/18 years. The planning range of the NZRP for this two-year period is 85,000 to 95,000 and includes a reduction in the cap for the Capped Family categories …
Immigration New ZealandAmendment Circular 2016/06; operative Appendix 1Open official source
Retrieved from https://www.immigration.govt.nz/assets/inz/documents/amendment-circulars/amendment-circular-2016-06.pdf

Review method

Two separate automated exact-claim source reviews

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