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Skilled Migration: Making Sense of the Changes and Managing the Risk
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| Author: |
Alan Collett |
| Date: |
Thursday, February 18, 2010 |
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Australia's Immigration Minister announced more changes to the skilled migration program last week, but the releases on the DIAC website have raised questions that are only now starting to be answered.
In this article we specifically consider the consequences of the Australian Government's announcement that the Skilled Occupations List, or SOL, is to be reviewed by Skills Australia, purportedly to “… deliver a General Skilled Migration (GSM) Program more focussed on high-value skills across the professions and trades.”
The SOL is what we call a "threshold" skills issue, in that all applicants for a general skilled visa must obtain a migration skills assessment in an occupation on the SOL if they are to lodge a valid application for a general skilled visa.
The current SOL is available via the weblink below.
In the context of the points test which attaches to all general skilled visa applications, the Australian Government has commented that: “The purpose of the review is to evaluate the effectiveness of the current Points Test. It is being undertaken to ensure that the Points Test is selecting high calibre applicants with skills the nation needs for the future.”
The Department of Immigration has published guidance such that those who have an occupation on the present SOL will be in a position to apply for a general skilled visa, so long as the application is lodged before the new SOL comes into effect in "mid-2010", presently understood to mean on the 1st of July, 2010.
Some time after a skilled visa application is lodged it is formally assessed by the Department of Immigration. This includes an assessment of the points score, which is carried out with reference to a Schedule which sets out the prescribed points for each component of the points test, including the nominated skilled occupation.
There has been uncertainty as to whether visa applications will be formally assessed against the present Schedule of skilled occupations and the existing points test, or whether the assessment will be carried out with reference to an as yet unannounced Schedule and points threshold.
The Government’s response on one of their Frequently Asked Questions schedules, reads as follows:
“Q 12 If I apply for a GSM visa in April 2010, will I be subject to the new SOL?
=> No, as the new SOL does not commence until mid- 2010.”
This has been confirmed by the representative body for Australia's Registered Migration Agents, the Migration Institute of Australia, following meetings in Canberra with the Immigration Minister's Senior Advisor and senior Department of Immigration officials.
More specifically, the MIA has issued a release to members dated 17th February, 2010 which advises that any skilled migration application that is lodged prior to the introduction of the new Skilled Occupation List in mid-2010 will be assessed with reference to requirements current at the time the application is lodged with the Department of Immigration.
On this basis we anticipate that suitable transitional measures will be included in the amending migration legislation in due course, so that those who apply for a general skilled visa before the introduction of the new SOL and Points Test are not disadvantaged.
Comments and Thoughts on Strategy for Intending Skilled Visa Applicants
As a general rule, Go Matilda recommends that those who are intending to migrate to Australia do so while a visa pathway exists. The numbers of individuals who wish to move to Australia show no sign of declining, and indeed the reverse is true: the number of visa applications is comfortably exceeding the number of available visas.
Further, both of the Australia's main political parties at Federal level have indicated a desire to manage the migration program at a "sustainable level", which is highly unlikely to mean that the number of visas will be increased to meet the demand from applicants.
We therefore do not foresee visa requirements relaxing - amendments to requirements can therefore be expected to be made in the context of reducing the number of visa applications by raising qualifying criteria.
We therefore recommend that those who are contemplating the lodgment of a general skilled visa should factor into their considerations the likelihood that from the middle of 2010 the barriers will be higher than they are presently - possibly meaning that they will not be able to apply once the new Skilled Occupations List is introduced.
In short, Go Matilda recommends that intending skilled migrants to Australia do not delay progressing their visa application, particularly where the pre migration application skills assessment process has yet to be commenced.
Hesitation may be fatal to an ability to migrate to Australia.
At times of change and uncertainty it makes sense to be in the hands of a trusted, experienced, and professional migration consultancy that is able to progress matters quickly.
Go Matilda's consultants have many years of experience, and have helped thousands of families move to Australia. If you are an intending skilled migrant and are minded to engage a firm such as Go Matilda contact us for a free initial discussion.
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| Weblink: |
http://www.immi.gov.au/allforms/booklets/1121i.pdf |
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