移民申请时雅思成绩的要求

hanshuang

经常看到有朋友提到一个问题，就是能否在签证申请后再递交雅思成绩，我的答案是否定的。但是似乎很多人不相信，因为国内的中介信誓旦旦的说可以。下面我就给大家提供一个MRT上诉庭的案例，提醒大家目前雅思成绩是一个a time of application requirement而不是a time of decision requirement, 所以务必要注意这个问题，否则最终的结果是签证被拒。

Subclass 885 visa and English

0805292

16 January 2009, Sydney

Mr D O’Brien, Principal Member



SKILLED (RESIDENCE) (CLASS VB) – SUBCLASS 885 – CL.885.213(b) – R.1.15C – COMPETENT ENGLISH – TEST CONDUCTED NOT MORE THAN 2 YEARS BEFORE THE DAY ON WHICH THE APPLICATION WAS LODGED – A delegate of the Minister for Immigration and Citizenship refused the application for a Skilled (Residence) (Class VB) Subclass 885 Skilled Independent visa because the applicant had not demonstrated a competent level of English as required by cl.885.213(b) of Schedule 2 to the Migration Regulations (the Regulations). Relevantly, r.1.15C of the Regulations provided that a person had competent English if the person had achieved, in a test conducted not more than 2 years before the day on which the application was lodged, an IELTS test score of at least 6 for each of the 4 test components of speaking, reading, writing and listening. The applicant had completed an IELTS test prior to the application but had achieved a score of 5 for writing. He undertook further IELTS tests after the application was lodged and, in one more recent test, scored higher than 6 for each of the 4 components. The applicant’s representative submitted that the most recent IELTS test met the requirements of r.1.15C. It was submitted that r.1.15C was to be construed as permitting an IELTS test conducted later than the day on which the application was lodged. The submissions suggested that the Tribunal should take an expansive view of the provision given its ambiguity and the applicant’s circumstances.

Held: Decision under review affirmed.

The Tribunal found that, in the most recent IELTS test, the applicant obtained scores of at least 6 in each of the test components. However, the Tribunal was of the view that the applicant was unable to rely on these results to evidence competent English because the test was not conducted not more that 2 years before the day on which the application was lodged, rather it was conducted after the application was lodged. In the Tribunal’s view, the wording of the requirement was clear and required the test to be conducted within a specified period before the application was made. The fact that competent English was a time of application requirement also indicated that the test must have been conducted before the application was made. There was no evidence before the Tribunal that the applicant had achieved a score of at least 6 for each of the test components in a test that met the requirements. The Tribunal was not satisfied that the applicant met r.1.15C and the requirements of cl.885.213(b).

hanshuang

hanshuang

bobova

yohbros

上面提到是885，请问其他的国内的签证以及纸签的类似雅思要求呢？

ritz

2007年9月1日以后 提交的 175/176 都有这个要求
475好像也是，可以去官方网站上看看，写得很明确的

一切从头

是的，我没看到过拒签的案例，但是我是DIY的，比较清楚。在准备材料的时候有一个自我评估，上面有miminum requirements 还是threshold requirements： 上面包括语言要求的。
很多同学想先上车再补票，如果签证官手松一些也许就让你溜过去了，但是严格按条例办理的话完全可以据掉。这种情况下，申请人是不占理的，再去申诉就贻笑大方了。

春风吹又生

谢谢分享！

jlcgydzq

先上车再补票已经成为历史了

hanshuang

175、176、475都是需要递交申请的时候就要有雅思成绩的。

我的霍巴特

先买票再上车是硬道理。。

sotmaomao

hanshuang