Q 1 Is my application for a Skilled—Graduate (subclass 485) visa affected by the changes to the Skilled Occupation List (SOL) announced by the government?
No. 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.
Yes. 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.
Q 2 I applied for a subclass 485 visa before 8 February 2010. When it is granted, can I apply for a permanent General Skilled Migration visa? Yes 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.
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.
Q 4 When will I know if my occupation is on the new SOL?
The new SOL will be announced by 30 April 2010 and
will take effect in mid-2010.
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 department’s 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/
Q 6 Can I get a new skill assessment in a different occupation from the occupation I nominated in my subclass 485 visa so I can lodge my permanent GSM
application?
Yes. 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.
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.
Q 8 I’ve 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 Skilled—Graduate (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.
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.
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.
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.
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.
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.
Removal of the MODL
On 8 February 2010, the Minister for Immigration and Citizenship, Senator Chris Evans, announced the outcomes of a review of the Migration Occupations in Demand List (MODL).
The review found that the existing MODL needed to be revoked and replaced by a more targeted skilled occupations list to better meet the demands of Australia’s labour market.
The revocation of the current MODL will not affect those who at the date of announcement:
• hold a Skilled—Graduate (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.
New Skilled Occupation List from mid-2010
On 8 February 2010, the minister also announced the replacement of the current Skilled Occupation List (SOL) in the second half of 2010, with a new list of targeted occupations determined by the independent body, ‘Skills Australia’. As the new SOL will be a comprehensive, targeted list, the current Critical Skills List will be revoked.
The new SOL will come into effect from mid-2010 and will apply to all applicants lodging visa applications made on or after this date, except to GSM applicants who at the date of announcement ( 8 February 2010):
• hold a Skilled—Graduate (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.
In addition, the new SOL will not apply to people applying for a Skilled—Graduate (subclass 485) visa who at 8 February 2010 hold 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.
GSM applications lodged before 1 September 2007
Under section 39 of the Migration Act 1958, the Minister for Immigration and Citizenship has the power to set a maximum number of visas of a class that may be granted in a particular financial year.
On 8 February 2010, the minister announced he would set a maximum number of offshore GSM visa applications made before 1 September 2007 that could be granted. Once this number is reached, any applications awaiting a decision will not be considered and the application returned to the applicant or their authorised recipient. These applications will be taken not to have been made.
Refunds of the visa application charge (VAC) will be made to the payer of these charges for affected visa applicants.
This article appeared in the Age newspaper this morning.
Skilled migration shake-up
YUKO NARUSHIMA
February 6, 2010
THE federal government is set to overhaul Australia’s skilled migration program, but industry bodies fear it will throw the flagging international education sector into further disarray.
The changes, due to be announced by Immigration Minister Chris Evans on Monday, will include amendments to the ”migration occupations in demand” list, which sets out areas where skilled workers are needed and awards ”points” to migrants applying to work in these areas.
The changes, which are aimed at meeting the country’s long-term skill needs, are being heralded as ‘’significant policy reforms” by Immigration Department secretary Andrew Metcalfe.
Senator Evans will detail the changes in a speech to industry and union representatives, including the Australian Chamber of Commerce and Industry, AiGroup, the Minerals Council of Australia and the Construction, Forestry, Mining and Energy Union.
The government is also expected to reconsider January 1 changes to the temporary ”457” category of visa, which businesses have criticised for impeding the ability of Australian employers to recruit desperately needed workers from overseas.
In private discussions, immigration officials have said the government would support changes that place a greater focus on employer-sponsored visas, and give state governments power to import workers under state sponsorship visas.
Though points migrants earn for working jobs on the demand list are small, they can tip the balance between being eligible to live in Australia and not being admitted. An industry source said skilled migrants under 30 most frequently used the points system.
The changes are expected to break the link between permanent residency and trade occupations, such as hairdressing and cookery, currently on the demand list and attractive to overseas students wishing to stay on in Australia.
”It’s a very sensitive area,” the industry source said. ”The problem is, we can’t compel students to work in the job for which they train.”
The implications for Australia’s $17 billion education sector are significant.
The changes could dash the permanent residency hopes of foreign students enrolled in a sector already battling college foreclosures and bad publicity for attacks on Indian students.
”In the short term, registered training organisations could face closure and bigger providers like TAFE could take a big financial hit,” the source said.
The Skilled Migration Consultative Panel was due to complete its review of the migration occupations in demand list in late 2009. It last met on January 21 to discuss imminent changes.
At the meeting, immigration officials told interest groups the current points test for migrants would be revised as it was inefficient in responding to employers’ immediate skills needs.
The changes are expected to take effect from midnight the day of the announcement, with industry warned of a surge in applications from people wishing to take advantage of the current system before it changes.
The chief executive of the Australian Council of Private Education and Training, Andrew Smith, said he hoped the review factored in the value of the education sector to the economy and looked after students.
”We’d be concerned to ensure that changes have appropriate transition arrangements so students have certainty and disruptions to this vital sector are minimised,” Mr Smith said.
"Thank you so much for turning my application around so quickly. You made the whole process incredibly straightforward and stress-free and to have my visa granted within 24hours was simply unbelievable!"
Claire
Lamont Migration Agency (LMA) is a full service migration law agency based in Melbourne, Australia. We specialise in all migration issues including; Student, Family, skilled and permanent migration and Australian Citizenship.
Lamont Migration Agency
279 Canterbury Road
Heathmont, Victoria
Australia 3135
Phone in Australia: (03) 8802-0290
International: +61 3 8802-0290
Fax: (03) 8802-0290
E-mail: enquires@lamontmigration.com.au
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Principal member of the Migration Institute of Australia
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