General skilled migration

1
General skilled migration

• MARA Item 30904

2
PRESENTER

• Kevin Lane
• MARN 0213954
• Professional Support Manager
• The Migration Institute of Australia Limited

3
Skilled Migration Program

• Skilled stream
• Employer Sponsored
• Business Skills
• Distinguished Talent
• General Skilled Migration
• GSM operates as the balancing component in the
  Skill Stream

4
GSM Visa options - OFFSHORE

• Offshore applicant must be offshore when visa
  is granted
• Onshore applicant must be onshore when visa is
  granted
• OFFSHORE GSM Visas
• Skilled Independent (Migrant) Visa (Class VE
  Subclass 175) 120 points
• Skilled Sponsored (Migrant) Visa (Class VE
  Subclass 176 100 points
• Skilled Regional Sponsored (Provisional) Visa
  Class VF Subclass 475
• - 3 years 100 points
• Skilled Recognised Graduate (Temporary) Visa
  Class VF Subclass 476
• - for graduates from certain overseas
  universities with certain occupations
• - 18 months no points

5
GSM Visa options - ONSHORE

• ONSHORE GSM Visas
• Skilled Independent (Residence) Visa Class VB
  Subclass 885 - 120 points
• Skilled Sponsored (Residence) Visa Class VB
  Subclass 886 - 100 points
• Skilled Regional (Residence( Visa Class VB
  Subclass 887 no points
• - for eligible provisional visa holders
• Skilled Regional Sponsored (Provisional) Visa
  Class VC Subclass 487 - 100
• - 3years
• Skilled Graduate (Temporary) Visa Class VC
  Subclass 485 no points
• - 18 months

6
How do these visas work?

• DIAC website information
• gt Visas, Immigration and Refugees
• gt Professionals and other Skilled Migrants
• gt Visa Options
• gt Topics of Interest
• Whats new?
• gt Visa options

7
DIAC website Subclass 885 visa

• 1. About this visa
• 2. How this visa works
• - Points Test
• - GSM definitions (eg, acceptable
  qualifications, designated area)
• 3. Eligibility
• - Main applicant
• Overseas Students Visa holders
• Graduate Skilled (497) Visa holders
• Skilled Recognised Graduate (476) Skilled
  Graduate (485) Visa holders
• Trade Skills Training Visa holders
• - Secondary applicant

8
DIAC website (continued)

• 4. Obligations
• 5. Applying for this visa
• - Complete applications
• - Document Checklist
• - How to apply
• - complete applications
• - Document Checklist
• - How to apply
• Adelaide Skilled Processing Centre (ASPC)
• - all paper applications
• - online OFFSHORE applications
• Brisbane Skilled Processing Centre (BSPC)
• - online ONSHORE applications

9
How to do it properly - LEGENDcom
CLICK
10
LEGENDcom

• LEGENDcom
• Migration
• 1/1/2010-
• A 1/1/2010- Act
• R 1/1/2010- Regulations
• P 1/1/2010 PAM3 (Policy)
• I 1/1/2020 Migration Series Instructions
  (MSIs)

11
LEGENDcom

• R 1/1/2010-
• Legend Reference Lists
• Index Subclasses
• Numerical list of subclass 3-digit codes with
  descriptors
• 885 Skilled Independent

12
LEGENDcom
CLICK
13
LEGENDcom
14
Subclass 885 Regulations in LEGENDcom

• Subclass 885 Skilled Independent
• Subclass 885 is a subclass of Skilled (Residence)
  (Class VB) Item 1136
• See PAM3
• GenGuideA (All visas) (generic policy guidance)
• - Sch6B General Points Test Qualifications
  and points
• - Sch2Visa885 Skilled Independent
• - Sch1 Item 1136 Skilled Residence (Class VB)

15
885 Schedule 1 Item 1136

• 8. Subclasses 885, 886 and 887
• 1. Forms 1276 and Internet 1276
• Check PAM3 Item1136

16
Forms

• PAM3 - Sch1 item 1136 - Skilled (Residence)(Class
  VB) - in effect from 15/02/2010
• 4 CLASS VB APPLICATION FORMS
• For regulation 2.07(1)(a), Schedule 1 item
  1136(1) prescribes form 1276 or form 1276
  (Internet) as the approved application form for
  this visa class. (The and in item 1136(1)
  should be read as an or.)
• Note As Class VB is excluded from the operation
  of regulation 2.08A - see regulation 2.08A(2A)(f)
  - this in effect means that secondary applicants
  must apply with the main applicant in order to
  make a valid application. They cannot apply
  separately for this visa.
• 2.08A allows for some additional applicants to
  be added to the main applicants application
  before the time of decision

17
885 Schedule 1 Item 1136

• 2. Visa application charge (VAC)
• (a) First instalment (payable at time of
  application)
• (i) Class UX (SIR), Class UZ, 475, 487, BVA or
  BVB (for SIR or 487 application) 230
• (ii) in any other case 2,525
• (b) Second instalment (payable before grant of
  visa)
• (i) applicant 18 at time of application, not
  having functional English, has not paid 2nd VAC
  for applications the hold in (a) above) 3,510
• (ii) in any other case Nil

18
885 Sch1 continued

• 3. Other
• (a) Application must be made
• - on internet, or post or courier to specified
  address
• Post
• Adelaide Skilled Processing Centre
• Department of Immigration and Citizenship
• GPO Box 1638
• ADELAIDE SA 5001
• Courier
• Adelaide Skilled Processing Centre
• Department of Immigration and Citizenship
• 4th Floor
• 55 Currie Street
• ADELAIDE SA 5000

19
885 Sch1 continued

• Note internet application taken to have been
  made at Australian Eastern Standard Time or AEST
  (Daylight Saving time) in Australian Capital
  Territory (ACT)
• 3(b) Applicant must be in Australia, but not in
  immigration clearance
• (ba) application not for 887, and not nominated a
  specified occupation (trade), must have skills
  assessment for nominated occupation
• (bb) Application not for 887, and with nominated
  trade occupation, must have skills assessment
  which was done on or after 1 January 2010.
• (c) Application by member of family unit may be
  made at same time and place combined with main
  applicant.

20
Member of family unit

• Reg 1.12 Member of the family unit
• - A spouse or de facto partner (including
  same-sex) of the family head
• - A dependent child of the family head or of a
  spouse of de facto partner
• - A dependent child of a dependent child of the
  family head or spouse or de facto partner
• - A relative of the family head or spouse or de
  facto partner, who
• - does not have a spouse or partner
• - is usually resident in the family heads
  household
• - is dependent on the family head

21
885 Sch 1 continued

• 3(d) Must meet 4, 5, 6 or 7
• 4. (a) Must hold eligible student visa
• - not 560
• - not562, 563, 572, 573, 574 if paid for Aust or
  foreign government, or with AusAID or Defence
  scholarship
• - not 570, 571, 575, 576
• Or hold BVA or BVB not held on basis of
  applications for above visas
• Or be holder of a substantive visa other than
  above visas AND held eligible student visa at any
  time in the period of 6 months ending immediately
  before the day on which the 885 application is
  made.
• Or applicant has been notified under sections
  under 368C, 368D and 379C of the Act that MRT has
  set aside and substituted the Ministers decision
  not to revoke the cancellation of the applicants
  eligible student visa not more than 28 days
  before the day on which the application is made

22
885 Sch1 continued

• 4(b) primary applicant must
• (i) Be less than 45
• (ii) nominate a skilled occupation of at least 50
  points

23
Skilled occupation

• Skilled Occupation List (SOL) Form 11121i

24
Nominated occupation

• PAM3 Item 1136
• 16 NOMINATED SKILLED OCCUPATION CANNOT LATER BE
  CHANGED
• There is no legislative mechanism that allows an
  applicant to change their nominated occupation
  after making a valid application. If an applicant
  has skills in more than one occupation on the
  SOL, they must decide which one of those
  occupations will be their nominated skilled
  occupation.
•  
• This is important because the relevant English
  language threshold and the points available for
  the applicants occupation and where applicable,
  specific employment, Australian employment and
  occupation in demand, are tied to the applicants
  nominated skilled occupation.
•  
• It is not possible for an applicant to produce
  more than one skills assessment in an attempt,
  for example to claim points for being skilled in
  an occupation that has been added to the
  migration occupation in demand list while the
  visa application is being processed.

25
885 Sch1 continued

• 4
• OR
• 5. The applicant must hold 476, or 485, as the
  primary holder and must nominate a skilled
  occupation of at least 50 points
• OR
• 6. Each applicant must hold a 471 (Trade Skills
  Training Visa) for 2 years before application,
  be less than 45 and nominate a 50 point
  occupation.
• OR
• 7. The applicant must hold Class UX (SIR) or BVA
  or BVB for that, or Class UZ (496) or BVA or BVB
  for that, or 475 or 487 which has been held for 2
  years as primary applicant or partner.
• 8. Subclasses 885, 886 and 887

26
Now to Schedule 2 .
CLICK
27
885 Schedule 2

• Subclass 885 Skilled Independent
• 885.111 Interpretation
• definitions for degree, diploma, trade
  qualification, Australian study requirement,
  competent English, registered course, relevant
  assessing authority, skilled occupation
• 885.2      Primary criteria Main Applicant

28
Main applicant

• PAM3 Item 1136
• The Class VB main applicant
• is the Class VB applicant who is seeking to
  satisfy Schedule 2 primary criteria for any of
  the three Class VB subclasses
• will be the applicant who satisfies the key
  Schedule 1 and Schedule 2 skills-related
  criteria.
• Note On the application form 1276 this person is
  called the primary applicant. Where both
  partners in a combined application nominate a
  skilled occupation, the main applicant is the one
  who obtains the highest score under the points
  test.

29
885 Schedule 2

• Subclass 885 Skilled Independent
• 885.2      Primary criteria Main Applicant
• 885.21      Criteria to be satisfied at time of
  application
• 885.211
• 1. The applicant meets the requirement of 2, 3 or
  4.

30
885 Sch2 time of application (ToA)

• 2. Meets subitem 1136(4) of Sch1 student visa
  and
• - satisfies Australian study requirement in the
  period of 6 months ending immediately before the
  day on which the application was made
• - each degree, diploma or trade qualification
  used to satisfy Australian study requirement is
  closely related to the applicants nominated
  skilled occupation.
• 3. Meets subitem 1136(5) of Sch1 476, 485 and
• - if 476, the qualification used to obtain that
  visa is closely related to the applicants
  nominated occupation
• - if 485, each degree, diploma or trade
  qualification used to satisfy Australian study
  requirement is closely related to the applicants
  nominated skilled occupation

31
Closely related

• PAM3 Sch2 Visa 885
• 12 Study and nominated occupation must be closely
  related
• Under policy, the critical factor in determining
  whether a qualification is closely related to the
  nominated skilled occupation is whether the skill
  set/s underpinning the qualification/s are
  complementary and can be used in the nominated
  occupation, in terms of both subject matter and
  the level at which those skills were obtained.
• Unacceptable
• occupation registered nurse - Bachelor of
  Commerce.
• Occupation Cabinet Maker - Certificate III in
  Furniture Making Masters of Information
  Technology
• (level at which the skills were obtained is
  inconsistent with the level at which the
  applicant is skilled to work)

32
Closely related (continued)

• Acceptable combinations
• Pharmacist - Bachelor of Pharmacy in Australia.
• Electrical Engineer - Bachelor Masters of
  Engineering
• Pastry Cook - Certificate III in Patisserie
  Certificate IV in Commercial Cookery.
• Archivist - Graduate Diploma in Information
  Management Associate Diploma in Computer
  Science
• Graphic Designer - Advanced Diploma of Arts in
  Graphic Design Diploma of Business.
• WRITE A SUBMISSION !

33
885 Sch2 Time of Application (ToA)

• 4. Meets subitem 1136(6) of Sch1 471 Trades
  Skills Visa, and
• - has completed apprenticeship, and
• - apprenticeship is closely related to nominated
  occupation
• 885.213 - has Competent English IELTS 6 in each
  band
• 885.214 - evidence of application for Australian
  Federal Police check in 12 months before visa
  application main applicant and other applicant
  over 16

34
Evidence of AFP check

• DIAC website Professionals and other Skilled
  Migrants
• What's New? Recent Changes in General Skilled
  Migration
• Police checks for online lodged General Skilled
  Migration (GSM) visa applications
• If you are lodging an online onshore GSM visa,
  you do not need to provide the transaction ID for
  your Australian Federal Police (AFP) check with
  your GSM visa application.
• The AFP has advised that the transaction ID can
  only be provided when the check is completed. It
  is not necessary to contact the AFP to obtain the
  transaction ID in order for you to lodge your GSM
  visa application. Note You must have already
  submitted the request for an AFP check before you
  lodge your GSM visa application.
• When you have received your police check, it
  should be forwarded to the department.

35
885 Sch2 Time of Application (ToA)

• 885.215 - evidence that each person has made
  arrangements to undergo medical examination

36
Health Services Australia

• Is now Medibank Health Solutions
  http//www.medibankhealth.com.au/
• Appointments by phone [phone] or online
• Online bookings cannot be made for
• - carer visa applications.
• - appointments in Tasmania, Queensland
• - appointments for families.
• - if you had a Chest X-Ray as part of a visa
  medical appointment with Medibank Health
  Solutions (or Health Services Australia) in the
  past 12 months.
• - if you are studying to become a health worker -
  that is, a doctor, dentist, paramedic or nurse.
• Only Parramatta has changed location
• Level 4, 1 Wentworth Street PO Box
  410Parramatta NSW 2124

37
885 Sch2 Time of Decision (ToD)

• 885.22      Criteria to be satisfied at time of
  decision
• 885.221 applicant has qualifying score (Points
  Test)

38
Points Test Regs Schedule 6B

• Occupational qualifications 40, 50 or 60
• Age qualifications at time of application
• 18 to under 30 30
• 30 to under 35 25
• 35 to under 40 20
• 40 to under 45 15
• English Language qualifications
• Proficient English IELTS 7 in each 25
• Competent English IELTS 6 in each 15
• Concessional Competent English IELTS average 6
  over 4 15
• - ONLY for 475 and 487 applicants

39
Points test continued

• Specific Employment qualifications
• Worked in nominated 60 point occupation 10
• (or closely related occupation)
• for a total of 3 years in the 4 years
• immediately before application
• Worked in a skilled occupation (SOL) 5
• for a total of 3 years in the 4 years
• immediately before application
• employed

40
Employed

• employed has the meaning given by subregulation
  2.26A(7).
• Employed means engaged in an occupation for
  remuneration for at least 20 hours weekly

41
Points test continued

• Australian employment qualifications
• Employed in nominated occupation 10
• (or closely related occupation)
• for a total of 1 years in the 4 years
• immediately before application
• Completed a professional year 10
• in Australia
• in nominated occupation
• (or closely related occupation)
• for a total of 1 year in the 4 years
• immediately before application

42
Professional Year

• Computing Science Australian Computer Society
• Accounting - CPA Australia
• - Institute of Chartered Accountants of
  Australia
• - National Institute of Accountants
• Engineering - Engineers Australia

43
Points test continued

• Australian educational qualifications
• PhD after 2 years study in Australia in
  English 25 points
• Masters degree or Honours degree (II.I or
  above) 15 points
• - at least 1 year study
• And Bachelor degree after 1 year study
• - at least 1 year
• - least 3 years study all together
• Met Australian study requirement 5 points
• 1 or more degrees, diplomas or trade
  qualifications
• CRICOS registered courses
• At least 16 months
• At least 2 academic years study (92 weeks)

44
CRICOS

• Commonwealth Register of Institutions and Courses
  for Overseas Students
• http//cricos.deewr.gov.au/?RedirectY

45
CEP Country Education Profiles

• Country Education Profiles
• http//www.aei.gov.au/AEI/CEP/Default.htm

46
Points test continued

• Occupation in Demand qualifications (MODL)
• Occupation on MODL and
• worked in that occupation for last 12/48 months
• and has job offer from Australian employer
• with 10 full time employees for 2 years 20
  points
• Occupation on MODL and
• worked in that occupation for last 12/48
  months 15 points

47
Removal of Migration Occupation in Demand List
(MODL)

• This had to happen.
• - the MODL with its points led to a distortion
  in the GSM program, with huge numbers of people
  studying MODL courses.
• - the Minister says that its disappearance will
  give a wider mix of professions and trades
  coming through as independent skilled migrants
• The MODL has been revoked by Legislative
  Instrument IMMI 10/001
• This will not affect those who at 8 February
  2010
• hold a SkilledGraduate (subclass 485) visa, or
• have a pending subclass 485 visa application and
  are yet to apply for a permanent or provisional
  General Skilled Migration (GSM) visa, or
• have a pending GSM visa application.

48
Removal of Migration Occupation in Demand List
(MODL)

• The legislative instrument does specify a new
  MODL for applicants for
• Subclass 885 Skilled Independent
• Subclass 886 Skilled Sponsored
• Subclass 487 Skilled Regional Sponsored visas
  who
• held a Subclass 485 Skilled Graduate visa at
  the date of commencement of this instrument or
• had made an application for a Subclass 485
  Skilled Graduate visa that is not finally
  determined at the date of commencement of this
  instrument
• and who made their application on or before 31
  December 2012.
•  
• This new MODL has the same occupations listed as
  the previous MODL.
•  
• It is, of course, still possible to lodge a GSM
  application now, but MODL points are not now
  available for new applications.
• DIAC information sheet Outcomes of the Migration
  Occupation in Demand List reviewfrequently asked
  questions

49
Points test continued

• Designated language qualifications
• Holds qualification (equivalent to Australian
  degree) 5 points
• taught in a designated language
• OR
• Accredited NAATI interpreter or translator
• Level 3, in a designated language

50
Points test continued

• Study in regional Australia or low growth
  metropolitan area 5 points
• NSW except Sydney, Newcastle, Central Coast,
  Wollongong
• QLD except Brisbane and Gold Coast
• VIC except Melbourne
• WA except Perth
• SA
• WA
• NT

51
Points test continued

• Partner skills 5 points
• Meets threshold requirements
• Not and Aust citizen or PR
• - under 45
• Nominated occupation
• Has successful skills assessment
• - has competent English (concessional competent
  for 475 and 487)
• - met Australia study requirement
• OR employed in skilled occupation for 12 of last
  24 months

52
Points test continued

• State of Territory nomination 10 points

53
Points test continued

• Designated area sponsorship by relative 25
  points
• 475 and 487 only
• NSW except Sydney, Newcastle, Wollongong
• QLD except Brisbane
• WA except Perth
• VIC
• SA
• NT
• ACT

54
885 Sch2 Time of Decision (ToD)

• 885.22      Criteria to be satisfied at time of
  decision (continued)
• 885.222
• 1. skills assessed as suitable for nominated
  occupation
• 2. If skills assessment based on Australian
  qualifications while holding student visa,
  qualification came from studying a registered
  course CRICOS
• 885.223 no evidence that since visa application
  information to meet item 1136, 885.21, or 885.221
  or for skills assessment was false or misleading
  in a material particular (significant detail).

55
885 Sch2 Time of Decision (ToD)

• 885.224 applicant satisfies public interest
  criteria (PIC)
• 4001 passes character test police checks, etc
• 4002 not security risk (ASIO) From 80, Form
  1221
• 4003 not contrary to Australias interests or
  associated with the proliferation of weapons of
  mass destruction (Foreign Minister)
• 4004 no outstanding debts to the Commonwealth
• 4005 satisfies health requirements
• 4010 likely to settle in Australia without
  undue difficulties and costs
• 4019 (if over 18 at ToA) signed Values Statement

56
Police checks

• Form ?

57
885 Sch2 Time of Decision (ToD)

• 885.225 - applicant satisfies special return
  criteria
• 5001 not previously deported or had visa
  cancelled (for on character grounds) under
  certain sections of the Act
• 5002 if previously removed from Australia
  either
• - It was more that 12 months before visa
  application, or
• There are compelling circumstances which affect
  Australia or Aust citizen, permanent resident or
  eligible NZ citizen
• 5010 AusAID/foreign government sponsored
  student visa holders

58
885 Sch2 Time of Decision (ToD)

• 885.226 family members also to satisfy PIC and
  special return criteria
• 885.227 family members not in application to
  satisfy
• 4001 passes character test
• 4002 not security risk (ASIO)
• 4003 not contrary to Australias interests or
  associated with the proliferation of weapons of
  mass destruction (Foreign Minister)
• 4004 no outstanding debts to the Commonwealth
• 4005 satisfies health requirements unless
  unreasonable to require this
• 85.228 family member in application under 18
  must satisfy
• 4015 satisfies child custody arrangements
• 4016 Minister has no reason to believe that
  grant of visa would not be in additional
  applicants best interest.

59
885 Sch2 Time of Decision (ToD)

• 885.229 grant of visa would not result in
  either
• - number of 885 visas granted would not exceed
  Ministers determined number for financial year,
  or
• - number of visas of particular classes granted
  would not exceed Ministers determined number for
  financial year
• 885.230 Minister is satisfied that
• Applicant holds a valid passport, or
• It would be unreasonable for the applicant to be
  the holder of a passport

60
885 Sch2 Secondary applicant(s)

• 885.3 Secondary criteria (members of family unit)
• 885.32      Criteria to be satisfied at time of
  decision
• 885.311 is member of family unit of primary
  applicant
• 885.32      Criteria to be satisfied at time of
  decision
• 885.321 continues to be member of family unit
• 885.322 satisfies 4001, 4002, 4003, 4004, 4005,
  4010 4019
• 885.323 satisfies 5001, 5002 5010

61
885 Sch2 Secondary applicant(s)

• 885.324 if less than 18
• 4017 The Minister is satisfied of 1 of the
  following
• (a) the law of the applicants home country
  permits the removal of the applicant
• (b) each person who can lawfully determine where
  the applicant is to live consents to the grant of
  the visa
• (c) the grant of the visa would be consistent
  with any Australian child order in force in
  relation to the applicant.
• 4018 - Minister has no reason to believe that
  grant of visa would not be in applicants best
  interest.

62
885 Sch2

• 885.4 Circumstances applicable to grant
• 885.411 applicant must be in Australian when
  visa is granted
• 885.5      When visa is in effect
• 885.511 - Permanent visa permitting the holder to
  travel to and enter Australia for 5 years from
  the date of grant.
• 885.6 Conditions nil
• 885.7 Way of giving evidence
• 885.711 no evidence need be given
• 885.712 if evidence given, to be a label fixed
  to a valid passport

63
Changes to Priority Processing from 8 February
2010

• The new priorities groups are
•  
• 1 ENS and RSMS applications (highest priority)
• 2. State/territory nominated with occupation
  under a state migration plan
• 3. State/territory nominated with occupation on
  the CSL
• 4. Applications not sponsored or state/territory
  nominated, with occupation on the CSL
• 5. State/territory nominated and occupation not
  on the CSL
• 6. (i) Applications with nominated occupation on
  the MODL
• (ii) Applications sponsored by a relative
• 7. All other applications processed in the order
  they are received

64
Changes to Priority Processing

• Priority processing applies to the following visa
  sub-classes
• 134, 136, 137, 138, 139, 175, 176, 475, 487,
  495, 496, 497, 861, 862, 863, 880, 881, 882, 885,
  886.
•  
• These changers apply to all applications in the
  pipeline and to applications lodged after 8
  February 2010.
• Priority processing does NOT apply to 476, 485,
  883, 887
•  
• Applications with the MRT are not subject to
  priority processing if they are remitted to DIAC
•  
• New processing priorities are in new Ministerial
  Direction 45 - Order of consideration certain
  skilled migration visas
• DIAC Information sheet Changes to Priority
  Processing

65
Critical Skills List (CSL) and Priority Processing

• CSL will be abolished when new SOL comes into
  place in mid-2010.
•  
• Priority processing arrangements using CSL will
  continue for permanent skilled migration until
  they are reviewed in mid - 2010.
•  
• DIAC information sheet Revoking the Critical
  Skills List

66
That was 885 what about the others?

• Check Schedule 1 and PAM3
• Check Schedule 2 and PAM
• Check State/Territory nomination guidelines and
  lists
• Make your own summary
• Make your own document checklist
• CAREFUL! they can quickly become out-of-date

67
Keep up to date

• Continuing Professional Development
• - MARA re-registration requirements have a
  purpose!
• MIA Notices
• DIAC website Whats New
• ComLaw
• AustLII for cases, MRT reviews

68
Get adviceet advice

• MIA Forum
• MIA
• MIA Migration Agents Reference Manual
• The Immigration Companion
• The Immigration Kit
• Networks

69
What to get from your client

• Client Checklist
• Personal and family details
• Passport with all visas including current
• Check any health or character problems
• Work experience exact dates and duties
• Work experience evidence
• Qualifications exact dates and subjects studied
• Fake documents?
• Money (your fees) how to charge especially
  difficult because of current and future changes
  charge per item of work?

70
How to advise clients

• Increasingly difficult there will be big
  changes
• New Skilled Occupation List (announced 30 April
  2010 in effect mid 2010
• Probably ANZSCO at same time
• New and quite different points test
• State Migration Plans
• Capping of visa grants by class AND occupation?
• Expressions of interest in GSM and then some
  invited to apply
• The GSM Program will be reduced only for very
  high calibre applicants
• you may need better English, qualifications
• you will almost definitely need work experience
• May have to consider employer nomination

71

• Questions?

72
(No Transcript)
73
New Skilled Occupation List second half of 2010

• will be announced 30 April 2010
• will come into effect mid 2010 1 July 2010?
• For all applications lodged after that mid-2010
  date,
• Except for
• GSM applicants who at the date of announcement (
  8 February 2010)
• hold a SkilledGraduate (subclass 485) visa, or
• had a pending subclass 485 visa application and
  had not yet lodged an application for a
  provisional or permanent GSM visa and who make an
  application by 31 December 2012, or
• have a pending GSM visa application.

74
New Skilled Occupation List

• The new SOL will not apply to people applying for
  a SkilledGraduate (subclass 485) visa who at 8
  February 2010 held a
• Vocational Education and Training Sector
  (subclass 572) visa
• Higher Education Sector (subclass 573) visa
• Postgraduate Research Sector (subclass 574)
  visa.
• However these student visa holders will be
  required to have an occupation on the new SOL to
  apply for a permanent GSM visa.

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New Skilled Occupation List

• applications lodged between 8 February 2010 and
  mid-2010 will be assessed on the SOL in place at
  the time the application was lodged.
• State and Territory governments may be able to
  offer nomination to GSM applicants with
  occupations not on the SOL if it is in accordance
  with a state migration plan approved by the
  Minister.
• The new Skilled Occupation List will be
  determined by Skills Australia http//www.skillsau
  stralia.gov.au/skilled_migration_occupation_list.s
  html , an independent statutory body,
  providing advice to the Minister for Education,
  Employment and Workplace Relations on Australias
  current, emerging and future workforce skills
  needs and workforce development needs.
• DIAC Information sheet Changes to the current
  Skilled Occupation List

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State migration plans

• to be developed by state and territory
  governments
• will included occupations that are in demand for
  each state or territory
• have to be approved by the Minister
• None have yet been approved.
• Minister These plans will form bilateral
• compacts to frame the level and type of skilled
  migration sought
• over a rolling four-year period. The best plans
  are likely to be those that
• are framed within an economic development
  perspective. 
•  
• Minister speaks of skilled migration being
  brought into the fold of national skills planning
  and said the Government established Skills
  Australia for the express purpose of thinking
  through the skills we need as a nation.

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. Review of GSM Points Test

• in the first half of 2010
• discussion paper on DIAC website from 12 February
  2010
• comments can be made until 12 March 2012
• please send us your comments to info_at_mia.org.au
• Ministers questions
• should some occupations warrant more points than
  others?
• are the points for age properly calibrated?
• should points be awarded for qualifications
  acquired overseas from prestigious universities?
• are sufficient points awarded for experience?
• should more points be awarded for excellence in
  English?

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Review of GSM Points Test

• Example of whats wrong with Points Test 
• Hairdresser Environmental Scientist
• Occupation 60 points Occupation 50 points
• Age 30 points Age 30 points
• English 15 points English 15 Points
• Australian Certificate III 5 points Overseas
  PhD 0 points
• 12 months Aust work exp 10 points Overseas work
  experience (3 years) 5 points
• MODL 15 points MODL 0 points
• Total points 135pass Total points 100fail

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Review of GSM Points Test

• DIAC says it is not known if or when the Points
  Test will change
• Minister says The announcements I have made
  today a set of reforms to occupational
  targeting, to be followed by a second set later
  this year around the points test will deliver
  Australia the skills it needs.
• DIAC information sheet General Skilled Migration
  (GSM) Points Test Review

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In the future

• Minister will amend Migration Act to give him
  powers to set maximum number of visas that may be
  granted to applicants in any one occupation-
  capping by visa class and occupation
• Minister has asked DIAC to explore the
  feasibility of introducing a new system where
  applicants initially put forward their claim for
  skilled migration, and are then selected as
  candidates by employers, State and Territory
  governments, or by the Commonwealth.
• Top priority will continue to be given to
  employer sponsored migration. As there is a fixed
  number of places for all skilled migration, as
  the number of employer sponsored migrants
  increases, the number of independent skilled
  migrants will decrease.

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Advice for onshore international students

• How to advise your clients in the midst of rumour
  and shonky agents scaring people to get their
  business
• Minister The changes will in no way impact on
  international students coming to Australia to
  gain a legitimate qualification and then return
  home.
•  
• Given the current and future changes to the GSM
  program, many international students will have
  concerns and questions about their future
  options. DIAC has provided some advice in the
  Information Sheet Onshore international students

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DIAC advice

• If you lodge your application for a subclass 485
  visa before the new SOL commences in mid-2010
  your application will not be affected. Your
  application will be processed under the
  arrangements and legislation in place at the time
  you applied.
• If you apply for a subclass 485 visa after the
  new SOL commences in mid-2010 and you were not
  holding a student visa subclass 572, 573 or 574
  on 8 February 2010, your application will be
  subject to the new SOL.
• If you can apply for a permanent General Skilled
  Migration (GSM) visa and nominate an occupation
  which is on the SOL at 8 February 2010 you will
  not be subject to the new SOL provided you apply
  for a permanent GSM visa prior to 31 December
  2012.

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DIAC advice

• Q 3 I applied for subclass 485 visa on or after 8
  February 2010. When it is granted, can I apply
  for a permanent General Skilled Migration Visa.
• Yes. If, however, you apply for a permanent GSM
  visa after mid-2010 you will need to nominate an
  occupation that is included on the new Skills
  Occupation List (SOL).
• If your nominated occupation is not on the SOL
  then you may wish to seek sponsorship from an
  employer and apply under the Employer Nomination
  Scheme (ENS) or Regional Sponsored Migration
  Scheme (RSMS) visa categories.

84
DIAC advice

• Q 5 Do I have to leave Australia when my
  subclass 485 visa expires?
• Yes, unless you hold another visa to remain in
  Australia. Information about all visas is
  available on the departments website at
  www.immi.gov.au.You may wish to use the Visa
  Wizard to determine which visa meets your
  specific circumstances enabling you to extend
  your stay in Australia. The Visa Wizard is
  available at www.immi.gov.au/visawizard/

85
DIAC advice

• Q 7 When applying for a permanent GSM visa, can
  I change the nominated occupation stated on my
  current subclass 485 visa as this occupation is
  not on the new SOL?
• Yes, however, your qualifications obtained in
  Australia must be closely related to your new
  nominated occupation.
• You can nominate a different occupation in your
  permanent GSM application from your subclass 485
  visa. You must also ensure that you meet all
  other requirements for the visa class for which
  you made an application. It is important to note
  that your qualifications obtained in Australia
  must be closely related to your new nominated
  occupation and you obtain a skills assessment in
  your new nominated occupation.

86
DIAC advice

• Q 8 Ive just started studying in Australia, will
  I still be able to apply for a GSM visa when I
  finish my studies?
• You will be able to lodge a SkilledGraduate
  (subclass 485) visa application when you complete
  your studies if your nominated occupation is on
  the SOL that existed before mid-2010, provided
  you satisfy other visa criteria and you hold a
• Vocational Education and Training Sector
  (subclass 572) visa
• Higher Education Sector (subclass 573) visa,
  or
• Postgraduate Research Sector (subclass 574)
  visa, and
• apply before 31 December 2012.
• If you wish to apply for a permanent or
  provisional GSM visa after you complete your
  studies you must meet the criteria applicable at
  the time you apply. Requirements for particular
  visa classes change from time to time and it is
  important that you ensure you meet all criteria
  before you lodge your application.

87
DIAC advice

• Q 9 After completing my studies in Australia, can
  I go offshore and get work experience and then
  apply for an offshore GSM visa?
• Yes, if your nominated occupation is on the new
  SOL you can apply for an offshore GSM visa
  however, you will need to satisfy all other
  criteria to be granted a GSM visa. All applicants
  are encouraged to carefully consider whether or
  not they meet the criteria for a visa prior to
  making an application. More information on visa
  criteria is available at www.immi.gov.au.

88
DIAC advice

• Q 10 Can I change my course of study as the
  occupation I intended to nominate is not on the
  new SOL?
• Students are encouraged to undertake study in a
  field they intend to work in once they graduate.
  It is strongly advised that you do not undertake
  studies with the sole purpose of obtaining a
  migration outcome. The student visa process is an
  entirely separate process to skilled migration
  and there is no guarantee that a student will be
  eligible for skilled migration purely on the
  basis of having undertaken a course related to an
  occupation on the SOL. The SOL can, and does,
  change in light of labour market needs in
  Australia. There is no guarantee, therefore, that
  if a student switches courses now, their new
  nominated occupation will remain on the SOL at
  the time they complete their studies.
• The Australian Government wants a targeted,
  high-value, demand-driven, skilled migration
  program that is responsive to the needs of the
  Australian labour market. As these needs change
  rapidly, the skilled migration program will be
  adjusted accordingly.
• Students who wish to change their course of
  study before they have completed six months of
  study of their principal course may need to
  obtain a letter of release from their education
  provider. Students are therefore advised to
  discuss any plans to transfer courses with their
  education provider in the first instance.

89
DIAC advice

• Q 11 I was planning to study in Australia, what
  do these changes mean for me?
• The changes to the GSM program announced by the
  Australian Government do not affect the
  requirements a student must meet to study in
  Australia.
• On completion of your study in Australia you may
  wish to apply for a visa to enable you to remain
  in Australia and work. This is an entirely
  separate process from your student visa
  arrangements. If you wish to remain in Australia
  after you complete your studies you will need to
  be granted another visa. Please be aware that you
  must satisfy the criteria for this latter visa
  that exists when you make your application.
• More information on obtaining a student visa to
  study in Australia is available at
  http//www.immi.gov.au/ students/

90
DIAC advice

• Q 12 I applied for an onshore GSM visa prior to
  1 September 2007. Will my application be subject
  to the capping and ceasing arrangements announced
  by the minister on 8 February 2010?
• No. If you lodged an application for a GSM visa
  prior to 1 September 2007 your current
  application will not be affected. Your
  application will be processed under the
  arrangements and legislation in place at the time
  you applied, however, it will still be subject to
  the current priority processing arrangements

91
DIAC advice

• May have to try ENS or State/Terr if not on new
  SOL
• Minister In recognition of the impact of this
  change, those international students who
  currently hold a vocational, higher education or
  postgraduate student visa will still be able to
  apply under existing arrangements for a temporary
  skilled graduate visa on completion of their
  studies.
• However, students must also be advised that until
  details of a new SOL or any changes to the Points
  Test are announced, there can be no certainty.

92
ANZSCO

• New SOL based on ANZSCO?
• - some occupations may change or disappear
• eg, Business Information Professional
  (nec)?

93
Any questions?