Visas & Advice Detail
Change for skilled migration
Australia’s new Immigration Minister has announced significant changes to the General Skilled Migration programme, which are scheduled to happen from 1 September 2007
These changes derive from a report initiated by the Australian Government into the efficiency and effectiveness of the present structure of the General Skilled Migration programme, including the number and structures of visa classes, and the related points tests that apply to most skilled visa classes.
The following changes are scheduled to come into effect from the start of September. Skilled visa applications that have been submitted to the Skilled Processing Centre on or before 31st August, 2007 will not be affected by these changes.
Visa Classes and Subclasses
The present 15 subclasses of skilled visa will be reduced to nine as follows:
Skilled Independent (subclass number 175) replaces the present subclass numbers 136 and 861;
Skilled Sponsored (subclass number 176) replaces the present subclass numbers 137 – offshore, 138, and 862;
Skilled Regional Sponsored (subclass number 475-offshore) replaces the present subclass numbers 495 – offshore, 496, and 863;
Skilled – Recognised Graduate (subclass number 476), no present equivalent visa;
Skilled Graduate (subclass number 485) replaces the present subclass number 497;
Skilled Regional Sponsored (subclass number 487 – onshore) replaces the present subclass numbers 495 – onshore, and 882;
Skilled Independent – onshore (subclass number 885) replaces the present subclass number 880;
Skilled Sponsored – onshore (subclass number 886) replaces the present subclass number 881; and
Skilled Regional (subclass number 887) replaces the present subclass number 137 as the onshore skilled visa pathway for SIR visa holders.
The present Skills Matching visa (subclass number 134) appears to have been abandoned.
English Language Thresholds
The English language threshold for all general skilled migration visas will be increased to competent English, being a minimum score of 6.0 in each of the four components of an IELTS (International English Language Testing System) examination.
An exception to this increased threshold will be available to those who have:
i) Nominated a trade occupation; or
ii) Applied for a Skilled-Regional Provisional visa (subclass numbers 475 or 487), and have paid a fee to attend English language tuition in a participating state or territory.
Trade skills applicants will meet the English language threshold with vocational English IELTS scores of 5.0 in all four components.
Applicants for Skilled-Regional Sponsored visas will meet the English language threshold if they have:
A) Competent English (IELTS scores of 5.5); or
B) Vocational English (IELTS scores of 5.0) if they nominate a trade
occupation
Those who can demonstrate proficient English (an IELTS score of 7.0 in all four components) will be awarded 25 points – this is an increase in the maximum number of possible points available for English language competency from the present 20 points. Importantly for those from countries where English is considered to be the native language there will no longer be an assumption of competency allowing for the grant of maximum points for English language. In fact, the number of points automatically available to such persons will reduce from 20 to 15. Applicants who hold a passport from the UK, the USA, Canada, New Zealand, or the Republic of Ireland will be faced with the following regime from the 1st September, 2007:
Assumption of competent English (allowing the allocation of 15 points); and
Attaining at least proficient English (a score of 7.0) in all four elements of an IELTS test if 25 points wish to be claimed towards the points pass mark
Recent Work Experience
From 1st September 2007 the same recent work experience requirement will apply to offshore skilled visa applicants, irrespective of the visa subclass and the number of points claimed: applicants will be required to demonstrate skilled work experience for at least 12 months in the two years immediately preceding the lodgement of the visa application. As is the case presently, this work will need to be for at least 20 hours per week in a paid position. However, under the new regime applicants will not be considered to be employed during extended periods of leave without pay, such as when the applicant is on maternity leave.
MODL points
At present MODL (Migration Occupations in Demand List) points can be claimed where the applicant's nominated occupation is on the MODL at the time the visa application is lodged, or at the time the visa is granted.
Following the introduction of these changes MODL points will only be available when:
A skills assessment classification is obtained in an occupation that is on the MODL (as now); and
The applicant has worked in that occupation (or a closely related occupation) for a total of 12 months in the four years immediately preceding the submission of the visa application.
Australian Work Experience
At present applicants can claim five bonus points where they have completed six months of skilled work experience in Australia. The new points test will allow applicants to claim ten points where they have completed a total of at least 12 months of skilled work experience in the four years preceding the lodgement of the visa application. This work must have been in a paid position, and at a skilled level in the nominated occupation, or in a closely related occupation on the Skilled Occupations List (SOL).
Other Changes
The Immigration Minister is presently considering whether to continue allowing applicants to claim five bonus points where a capital investment of AUS$100,000 is made with a state or territory Treasury corporation. It will be possible to submit applications for all general skilled visas electronically from 1st September. However, it will still be possible to submit paper-based applications from this date – applications will be lodged on new Department of Immigration form 1276.
These are clearly significant changes to the structure of Australia's skilled migration programme. Our recommendation is that those who meet the requirements now for the grant of a permanent visa under the presently available skilled visa subclasses should be working towards the lodgement of a visa application before the end of August 2007. Those who are presently five points short of the points pass mark for a Skilled Independent visa (subclass number 136) and who may presently be considering applying for the grant of a Skilled Independent Regional (Provisional) visa (subclass number 495) – and who think they can attain a score of at least 7.0 in all elements of an IELTS test allowing 25 points to be claimed as against the maximum of 20 points that are available now on the basis of English language competency – should carefully consider whether they might defer the lodgement of their visa application until on or after 1st September. Assuming no increase in the points pass mark for the new Skilled Independent visa – this is not yet certain – such persons may be able to attain a permanent residency visa from the outset simply by deferring the submission of their skilled visa application by a few months. The above is necessarily a somewhat abbreviated version of what are clearly material changes to Australia's general skilled migration programme, and are likely to affect the plans of many intending skilled migrants as more details are announced in the coming months.
For further information:
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