A number of questions still remain unanswered!!

Yesterday’s announcement with respect to the new Skilled Occupation List (SOL) was certainly a relief but this announcement still leaves a number of questions unanswered.

·         Enter ANZSCO exit ASCO – The new list introduces the long awaited ANZSCO coding, which is already in operation within NZ  migration.

·         Clarity as to how points will vary for each occupation, which is the current practice, is required?

·         There are some new occupations on the new SOL. Clarity is required which Australian body will be responsible for assessing these occupations.

·         Once the new points test regulations are introduced  further clarity may will questions, many of which stem from the fact that the new list of occupations is drawn from the ANZSCO as opposed to the ASCO.

·         Where will those applicants holding current positive skills assessments under the ASCO coding be left. Skills assessment bodies are expected to make announcements with respect to any transitional arrangements or possibly DIAC  will accept old skills assessments for a period of time. Engineers Australia sheds some light on this process stating the following at their web site:-

What does this mean for people applying for a Migration Skills Assessment by Engineers Australia?

 

1.       Up to and including 30 June 2010, assessment outcome letters will be issued in ASCO codes only

2.       From and including 1 July 2010, assessment outcome letters will be issued in ANZSCO codes only ... this will also apply to any reissued outcomes after that date

Please note - For applicants who hold, or are about to hold, an assessment outcome letter with an ASCO code issued by this office prior to 1 July 2010, and who lodge an application to DIAC within 12 months of the date of this letter:

 

DIAC have advised us that they will honour the ASCO code assessment for a period of 12 months after the introduction of the new SOL, or the expiry date of their 12-month validity of the assessment outcome letter, whichever is the sooner.

 

·         Moving to ANZSCO also introduces some different skill level requirements (i.e. the level of degree, trade certificate or years experience required). There may be instances were an applicant has a valid skills assessment under ASCO and ANZSCO requires slightly different skill level. This may be splitting hairs but requires clarity never the less.

·         And then there are the migration pathways that will hopefully become available again from 1 July 2010e when the State Migration Plans will be introduced. Where does this leave those individuals holding current sponsorships from the State/Territories? Will these convert or be valid under the State Migration Plans?

 

Lots of questions! So given that we are in a period of transition we advise you to engage a registered agent, who will be able to represent you in this ever evolving landscape. Please contact us regarding your application or future application but in the meantime though, we will continue to monitor the situation and provide updates as and when we receive these.

NEW Skilled Occupation List and how it impacts you!

Dear Client

 

On 17 May 2010, the Minister for Immigration and Citizenship announced a list of occupations that would form a new Skilled Occupations List (SOL) which is to reflect the Australian Government’s commitment to a labour market demand-driven skilled migration program.

 

The new list is specific to the general skilled migration (GSM) program and does not apply to employer-sponsored permanent or temporary visas. The new list is proposed to take effect from 1 July 2010 can be found here http://www.immi.gov.au/skilled/general-skilled-migration/pdf/new-list-of-occupations.pdf. It is intended that this list will be reviewed annually to ensure it continues to be targeted at those skills Australia needs in the medium to longer term.

 

It is anticipated the new list would apply to all new GSM applications lodged on or after implementation of the new SOL, with the exception of applicants who fall within the proposed transitional arrangements which essentially relate to you if you held a student visa on 8 February 2010.

 

What does this mean for me?

If your occupation IS ON THE NEW SOL you will need to meet all the criteria to lodge GSM. You will however not be able to lodge an application for an offshore GSM visa until the temporary suspension which was introduced on the 8 May 2010 is lifted - this is expected to be from 1 July 2010. We also anticipate the introduction of a NEW POINTS test to come into effect in the second half of 2010.

 

If your occupation is NOT ON THE NEW SOL and you do not meet the proposed new requirements for independent skilled migration you may wish to consider your eligibility for alternative migration pathways, such as through employer or state/territory sponsorship.

 

·         State/territory nomination - You may wish to consider your eligibility for state/territory nomination. It is intended that individual state/territory migration plans will be agreed to by the Minister for implementation in the second half of 2010. These plans may include occupations outside those specified on a new SOL.

·         Employer nomination scheme (ENS) - You may wish to consider applying for a temporary or permanent visa under the employer nomination scheme (ENS). The list of occupations that is available to employer sponsored applicants is broader than the SOL. You will, however, be required to have an employer willing to sponsor you.

·         Regional sponsored migration scheme (RSMS) - You may be eligible to apply for skilled migration under the regional sponsored migration scheme (RSMS). This scheme allows employers in regional or low population growth areas of Australia to sponsor employees who are foreign nationals for a permanent visa to work in regional Australia.

·         Business Skills - You may be eligible to apply for business skilled migration under the Business Skills program. This scheme aims to attract people with proven experience and skill in business, senior business management and investment. The aims are state development and wider economic benefit to Australia.

·         Student visa - You may wish to apply for a student visa to pursue further qualifications in Australia. The Department of Immigration and Citizenship does not recommend this option, as the SOL may change in line with the requirements of the Australian labour market.

 

We anticipate that these announcements will have a significant impact on many of your migration plans and strategies whether already commenced or yet still to commence.

 

We therefore urge you to contact us specifically with reference to your personal circumstances.

 

Yours faithfully

 

Andrew Heathcote  CA  MMIA

Registered Migration Agent 

MARN 0850840

 

Waiting for the new SOL!

This announcement by the Department of Immigration and Citizenship (DIAC) today (7 May 2010) regarding the suspension of accepting General Skilled Migration applications was certainly unexpected. Applications for Offshore General Skilled Visas will no longer be accepted from midnight tonight (AEST 7 May 2010), until the end of the current program year on 30th June, 2010.  This temporary suspension means that people will not be able to lodge a valid application for an affected GSM visa for the duration of the suspension. I am of the opinion that DIAC were clearly trying to avoid a similar spike in applications that occurred in September 2007 before regulations were changed back then. We sympathize with those who still need to apply as it now becomes one of waiting to see if you will be on the NEW Skilled Occupation List. http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-temporary-suspension.pdf

 

We are confident that for those professionals in occupations such as Engineering, Computing, Accountancy and Nursing amongst others will more than likely be on the NEW Skilled Occupation List. Although you may not be able to lodge an application until at least the 1 July 2010, one can continue in obtaining your skills assessments and completing your IELTS. Form the 1 July we also expect further information from a number of States/Territories regarding their State Migration Plans which will list many occupations that may not be on the NEW SOL enabling you still to apply for a visa; and one that will command a high priority  from a in processing point of view as well.

 

Andrew Heathcote  CA  MMIA

Registered Migration Agent  MARN 0850840

 

Suspension of Offshore General Skilled Migration

The Minister has today announced a temporary suspension of certain general skilled migration visas. The move hopes to ensure that all offshore general skilled applications made after today are in accordance with the occupations included on the new Skilled Occupation List (SOL), to be released later this month. The Minister has not indicated when the suspension will be lifted, however it will be no earlier than the announcement of the new SOL.

 

The Minister has announced that his Department will not accept applications for the following visa subclasses from 8 May 2010 until further notice:

•             Subclass 175 – Skilled Independent;

•             Subclass 176 – Skilled Sponsored; and

•             Subclass 475 – Skilled Regional Sponsored.

 

Therefore, any applications received by the Department after 8 May 2010 for one of the above visa subclasses will be returned and the visa application charge refunded.

 

Please note that this suspension does not affect onshore general skilled migration visas.

 

See here for the media release.