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Skilled Nominated English criteria anomaly

An anomaly has been identified in the SC 190 regulations. Reg 190.213 requires the applicant to have Competent English at the time of INVITATION. However, the definition of Competent English at Reg 1.15C requires the applicant to also have a valid English language test result at time of APPLICATION.

If the validity of an applicant’s test result expires between the time of invitation and the time of application lodgement, they will not meet the requirement for Competent English and the visa will be refused.

The Department is aware of the anomaly and are moving to rectify it, but this will take some time.

In the meantime, please be aware of the problem and check the validity of any test results used for SC 190 applications.


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