This chapter examines the notion of the critical language testing (CLT), which raises questions about the validity of tests, especially on the level of construct validity. It argues that when it comes to assessment of English, the construct used is still that of the native variety and standard English and overlooks the construct and research of English language franca (ELF) and of translanguaging. The chapter argues that test makers need to create tests and other assessment tools which reflect those constructs which characterise most learners of English (and other languages) as L-2s so the assessment should become more inclusive, more valid and hence more just. The chapter concludes with some current initiatives in that direction whereby revised rating scales of the Common European Framework of Reference (CEFR) are being constructed based on language transfers, interpretations and translations, and calls for more work on ELF assessment in that direction (Jenkins and Leung 2018; Shohamy 2018).