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Lamont Migration Agency will keep you informed on the latest changes affecting migration to Australia.
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Lamont Migration Agency will keep you informed on the latest changes affecting migration to Australia.
Please subscribe to our free email newsletter so you can automatically receive our news updates.
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.
Skills Assessment for Onshore GSM applications: subclasses 885, 886 & 487
From 1 January 2010, applicants for Subclasses 487, 885 and 886 must have obtained a suitable skill assessment from the relevant skills assessing authority prior to making their visa application.
If the suitable skills assessment is not provided with the application, the application will not be valid.
JobReady Test (JRT) for onshore GSM applicants
From 1 January 2010, applicants for Subclasses 487, 885 and 886 nominating a trade occupation will be required to undertake a JobReady Test as part of their skills assessment.
From 1 January 2010, these applicants must have obtained a suitable skill assessment dated on or after 1 January 2010.
Work experience requirements for offshore GSM Subclass 475, 175 & 176 applicants. From 1 January 2010, offshore GSM visa applicants nominating a trade occupation will not be able to apply for a GSM visa based on meeting the Australian study requirement. They will have to satisfy the recent work experience requirement (12 months relevant work experience in the last 24 months).
English language requirements
From 1 January 2010, the English language requirement for all GSM applicants who nominate a trade occupation will be a minimum of 6 in each of the four components of the IELTS test (Competent English)
For Skilled – Regional Sponsored GSM visa subclasses 475 and 487, the threshold English language requirement will be an average of 6 in the IELTS test.
Vetassess Skills Assessment changesThe new assessment procedures mean that the qualifications must be in a field of study highly relevant to the nominated occupation, at least one year of employment in a field closely related to the nominated occupation, there is some allowance for extra work experience to make up for shortfalls in qualifications. All Vetassess occupations are classified as group al B , C or D, and these reflect different qualification and employment requirements.
For subclass 485 applicants, the Vetassess skills assessment requires a qualification in a field of study highly relevant to the nominated occupation, but does not require work experience. The work experience will be required when they apply for another GSM visa after they have gained work experience.
New South Wales and Victoria had the most skilled migrant arrivals in 2008-09, according to new figures released today by the Department of Immigration and Citizenship (DIAC).
Of the 69 456 skilled migrants who came to Australia, approximately 55 per cent moved to the two states, with a total of the 19, 071 settling in New South Wales and 18, 630 in Victoria.
Overall, arrivals in 2008-09-show New Zealand and the United Kingdom are the greatest source countries by birth for all settler arrivals, accounting for almost 30 per cent of the 158, 021 permanent arrivals in 2008-09.
The next largest source countries were India (17 283 up from 15 338), China (15 803 up from 12 959) and South Africa (7201 up from 5166).
The Minister has set priority processing arrangements, which apply to the following visas from 23 September 2009:
Employer Nomination Scheme (ENS)
Regional Sponsored Migration Scheme (RSMS)
General Skilled Migration (GSM) visas except for:
Skilled – Recognised Graduate Subclass 476
Skilled – Designated Area – Sponsored (Residence) Subclass 883
Skilled – Regional Subclass 887.
The following General Skilled Migration visas are affected by priority processing:
Skill Matching Subclass 134
•
Skilled – Independent Subclass 136
•
Skilled – State/Territory-nominated Independent Subclass 137
•
Skilled – Australian-sponsored Subclass 138
•
Skilled – Designated Area-sponsored Subclass 139
•
Skilled – Independent Subclass 175
•
Skilled – Independent Subclass 176
•
Skilled – Regional Sponsored Subclass 475
•
Skilled – Graduate Subclass 485
•
Skilled – Regional Sponsored Subclass 487
•
Skilled – Independent Regional Subclass 495
•
Skilled – Designated Area-sponsored (Provisional) Subclass 496
•
Graduate – Skilled Subclass 497
•
Skilled – Onshore Independent New Zealand Citizen Subclass 861
•
Skilled – Onshore Australian-sponsored New Zealand Citizen Subclass 862
•
Skilled – Onshore Designated Area-sponsored New Zealand Citizen Subclass 863
•
Skilled – Independent Overseas Student Subclass 880
•
Skilled – Australian-sponsored Subclass 881
•
Skilled – Designated Area-sponsored Overseas Student Subclass 882
•
Skilled – Independent Subclass 885
•
Skilled – Sponsored Subclass 886
Under the Ministerial Direction, the following processing priorities (with highest priority listed first) apply:
1. applications from people who are employer sponsored under the ENS and the RSMS
2. applications from people who are nominated by a State/Territory government and whose nominated occupation is listed on the Critical Skills List (CSL)
3. applications from people who are sponsored by family and whose nominated occupation is listed on the CSL
4. applications from people who are neither nominated nor sponsored but whose nominated occupation is listed on the CSL
5. applications from people who are nominated by a State/Territory government whose nominated occupation is not listed on the CSL
6. (i) applications from people whose occupations are listed on the Migration Occupations in Demand List (MODL) and
(ii) applications from people who are sponsored by family and whose nominated occupation is not listed on the CSL.
7. all other applications are to be processed in the order in which they are received.
Critical Skills List
ASCO Number Occupation Shortages – Professional
2312-11 Anaesthetist
2381-11 Dentist
4315-11 Electronic Equipment Trades
2312-15 Emergency Medicine Specialist
2129-17 Engineer – Chemical
2124-11 Engineer – Civil
2125-11 Engineer – Electrical
2125-13 Engineer – Electronics
2126-11 Engineer – Mechanical
2127-11 Engineer – Mining
2126-13 Engineer – Production or Plant Engineer
4114-15 Aircraft Maintenance Engineer – Avionics
4114-11 Aircraft Maintenance Engineer – Mechanical
4431-13 Gasfitter
2311-11 General Medical Practitioner
2391-11 Medical Diagnostic Radiographer
2312-17 Obstetrician & Gynaecologist
2383-11 Occupational Therapist
2382-11 Pharmacist (Hospital)
2382-15 Pharmacist (Retail)
2385-11 Physiotherapist
2388-11 Podiatrist
2312-27 Psychiatrist
2122-11 Quantity Surveyor
2325-11 Registered Mental Health Nurse
2324-11 Registered Midwife
2323-11 Registered Nurse
2413-11 Secondary School Teacher
2312-79 Specialist Medical Practitioners NEC
2312-25 Specialist Physician
2312-31 Surgeon
2123-13 Surveyor
2523-11 Urban & Regional Planner
4416-11 Wall and Floor Tiler
2386-11 Speech Pathologist
2391-17 Sonographer
2312-19 Ophthalmologist
2312-21 Paediatrician
2312-23 Pathologist
2312-29 Radiologist
2211-11 Accountant — where the applicant has achieved a score of at least IELTS 7 in each of the four competencies, and/or has completed The Professional Year – Skilled Migration Internship Program Accounting (SMIPA).
Computing Professionals — where the applicant’s specialisation is listed on the Migration Occupations in Demand List (MODL).
Critical Skills list as of March 2009. Provided by the Department of Immigration
Registered migration agents are the only professionals in Australia registered by the commonwealth to provide migration advice and assistance. Always make sure to use a registered agent. See the article from today’s Melbourne Age newspaper on what happens to unregistered agents and those who use them:
AN UNREGISTERED migration agent was arrested in a raid at her suburban home yesterday and is set to be charged with multiple migration fraud and identity crime offences over Melbourne’s biggest international student cash-for-certificates scam.
The Chinese-born woman was taken from her Carnegie home by members of the Australian Federal Police Identity Security Strike Team and federal immigration officers. The office of her ”migration and legal service” in Queen Street in the city was then raided and computers and documents seized.
An Immigration Department spokesman said an ”unlawful non-citizen” was also arrested at the Queen Street office.
The spokesman said: ”It is alleged that, for a fee, those involved have been providing clients with fraudulent education qualifications and bogus documentation to support their permanent residency applications.”
It will be alleged that more than 250 Chinese and Indian students in Melbourne were involved and that the paperwork was from education providers and also workplaces.
The Age has learnt that a CBD trades school allegedly supplying the woman with education certificates was recently deregistered after being investigated by state regulators.
In separate cases, students have been charged up to $20,000 for fake certificates from colleges and workplaces they never attend. The students in the latest scam face deportation or detention under migration fraud regulations because they may have used false documents to gain residency.
The arrest yesterday is linked to a series of raids last December in which nine businesses were searched but no arrests made. It was alleged then the central business raided, Hong Yun International in Little Collins Street, was an unregistered migration agency.
New Citizenship Test Launched Monday 19 October
The Australian government has instituted a new citizenship test.
The new test includes questions on Australia’s democratic beliefs, laws and government as well as the responsibilities and privileges of citizenship.
The test includes 20 multiple-choice questions and will be conducted in English only. All test questions are from the test section of the revised citizenship test resource book, Australian Citizenship: Our Common Bond.
The new test was developed after an independent review of the old citizenship test last year found that it could be improved by focusing on the pledge of commitment.
People will now need to answer 75 % correct or 15 of the 20 questions correctly to pass – up from 60 per cent under the old test. The mandatory questions have been removed. A person can no longer answer 19 out of 20 questions correctly and still fail the test because they answered one of the three mandatory questions incorrectly.
A citizenship course is also under development to help disadvantaged people, who are likely to struggle when preparing for and sitting a formal computer-based test.
Lamont Migration now offers you another domain name to access free assessments for all your visa needs including work visas, permanent residency and student visas. Visit LMA at www.lamontaustralianimmigration.com.au
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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
MARA registration #0959437
Principal member of the Migration Institute of Australia
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