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Major Overhaul to Australia's Skilled Migration Program is Announced
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| Author: |
Alan Collett |
| Date: |
Friday, April 06, 2007 |
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Australia's new Immigration Minister has announced significant changes to the skilled migration program, which are scheduled to come into effect from the 1st of 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 program, 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 1st of September, 2007. Skilled visa applications that have been submitted to the Skilled Processing Centre on or before the 31st of August, 2007 are not affected by these changes.
Visa Classes and Subclasses
The present 15 subclasses of skilled visa will be reduced to 9:
- 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
- Skilled Regional (subclass number 887) replaces the present subclass number 137 - as the onshore skilled visa pathway for SIR visaholders
The present Skills Matching visa (subclass number 134) appears to have been abandoned.
English Language Thresholds and Point Allocations
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 examination.
An exception to this increased threshold will be available to those who have:
- Nominated a trade occupation, or
- 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 4 components.
Applicants for Skilled - Regional Sponsored visas will meet the English language threshold if they have:
- Competent English (IELTS scores of 5.5), or
- 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 4 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 of September, 2007:
- Assumption of competent English (allowing the allocation of 15 points)
- Attaining at least proficient English (a score of 7.0) in all 4 elements of an IELTS test if 25 points wish to be claimed towards the points pass mark
Recent Work Experience
From the 1st of 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 2 years immediately preceding the lodgement of the visa application.
As now, 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 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 4 years immediately preceding the submission of the visa application.
Australian Work Experience
At present applicants can claim 5 bonus points where they have completed 6 months of skilled work experience in Australia.
The new points test will allow applicants to claim 10 points where they have completed a total of at least 12 months of skilled work experience in the 4 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.
Other Changes to the Points Test
Points available for periods of study leading to Australian educational qualifications are also being amended.
Details are available at the weblink below.
The points allocated on the basis of the applicant's age and occupation are not changing.
The Immigration Minister is presently considering whether to continue allowing applicants to claim 5 bonus points where a capital investment of A$100,000 is made with a State or Territory Treasury Corporation.
Electronic Lodgement of Visa Applications
It will be possible to submit applications for all general skilled visas electronically from the 1st of September, 2007.
It will still be possible to submit paper based applications from this date - applications will be lodged on new Department of Immigration form 1276.
Commentary
These are clearly significant changes to the structure of Australia's skilled migration program. 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 5 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 the 1st of September, 2007. 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 program, and are likely to affect the plans of many intending skilled migrants in the coming weeks and months.
If you are an intending skilled migrant and would like a free initial consultation to discuss your visa strategy and how we might help please contact us.
Errors and Ommissions Excepted
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| Weblink: |
http://www.immi.gov.au/skilled/general-skilled-migration/changes/index.htm |
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