George Lombard

Good Morning everyone,

Nice set of challenges to wake up to.

The critical points about the changes to General Skilled Migration are:

a) Current applicants who applied on or after 1 September 2007 aren't affected - their points and eligibility are locked in and in most cases their processing priority will remain the same until 30 June 2010 at least.

b) People who applied before 1 September 2007 are subject to "cap and kill" legislation, ie the Department is going to process a certain number (not yet announced as far as I know) and then terminate the rest, in which case all application fees paid to the Department of Immigration will be returned to those applicants (directly or through their agents).

c) Current onshore students will not be able to claim MODL points however they will benefit from a complex suite of measures designed to protect them (and the international student industry). The Department will announce the new skilled occupation list by 30 April 2010 (taking effect on 30 June 2010) and most graduates who have not yet applied for a general skilled migration visa will need to wait until then to determine which pathway they should pursue. The Department does not need to announce transitional measures for students whose visas are expiring on 15 March 2010 since those students are able to lodge a subclass 485 (temporary graduate) visa and then change their nominated occupation for their permanent visa application.

d) People planning to apply for General Skilled Migration as of 8 February should consult a migration agent - those who hold positive skills assessments but have not yet applied for their visas will be able to apply however should their nominated occupation not be on the new Skilled Occupation List then their application will most likely be refused.

e) The MODL is dead for new applicants - except for the continued operation of the Critical Skills List which will still give IT MODL skills priority until then.

f) There is still more information needed to clarify many of these points, in particular I would expect inputs from the Minister's speech later today, and also from the Migration Institute of Australia. In the meantime, the major links are all here: http://www.immi.gov.au/skilled/gener...df/faq-sol.pdf .

Cheers,

George Lombard
__________________
Migration Agent Registration Number 9601056
george[at]austimmigration[dot]com[dot]au
www.austimmigration.com.au
PO Box 257 Summer Hill NSW 2130

George Lombard

Further links:


Useful documents
More information on the changes announced by the
minister on 8 February 2010 is available on the following
information sheets:
• Revoking the Critical Skills List - http://www.immi.gov.au/skilled/gener...df/csl-gsm.pdf
• Changes to the current Skilled Occupation List - http://www.immi.gov.au/skilled/gener...df/faq-sol.pdf
• Changes to offshore General Skilled Migration visa
applications received before 1 September 2007 - http://www.immi.gov.au/skilled/gener...eseptember.pdf
• Outcomes of the Migration Occupation in Demand
List review—frequently asked questions - http://www.immi.gov.au/skilled/gener...f/faq-modl.pdf
• General Skilled Migration Points Test Review - http://www.immi.gov.au/skilled/gener...oints-test.pdf
• Onshore international students—frequently asked
questions - http://www.immi.gov.au/skilled/gener...re-student.pdf
• Changes to Priority Processing - http://www.immi.gov.au/skilled/gener...processing.pdf

Cheers,

George Lombard

George Lombard

More on the changes from the Australian press:

Australia rejects 20,000 migrants
MARK METHERELL
February 8, 2010

THE government will dump 20,000 applications from would-be migrants in a crackdown on low-skilled entrants.

In changes aimed at making skilled migration more responsive to Australia's needs, the government will tighten the list of target occupations and focus instead on healthcare, engineering and mining.

All general skilled migration applications lodged before September 1, 2007 - when English and work experience requirements were easier - will have their applications withdrawn and application fees totalling $14 million refunded.

The government will also abolish the current list of skills in demand, which contains 106 occupations, and review the points test used to assess migrants to improve selection.

The Immigration Minister, Chris Evans, said last year 170,000 people applied to live and work permanently in Australia as skilled migrants, but there were just 108,100 places available.

Australia needed a program that ''delivers the skills that are actually in demand in the economy, not just the skills that applicants present with'', he said.

''If hospitals are crying out for and willing to sponsor nurses then of course they should have priority over the 12,000 unsponsored cooks who have applied and who, if all were granted visas, would flood the domestic market,'' Senator Evans said.

''In recent years, the skilled migration program has been skewed as the pool of applicants has become dominated by a handful of occupations.''

The current points system puts an overseas student with a short-term vocational qualification gained in Australia ahead of a Harvard-educated environmental scientist.

The bar was being raised for applicants without an Australian employer prepared to sponsor them. There were many occupations where the supply of qualified young Australians was adequate. But there were some jobs where there was a high demand for skills such as for hospital nurses, country doctors and resource sector employees.

Yesterday the Finance Minister, Lindsay Tanner, warned against a dramatic migration drop. The need for doctors, nurses, mining engineers, and IT specialists from overseas was ''crucial to our economy'', he told Channel Ten's Meet the Press.

The Opposition Leader, Tony Abbott, warned yesterday he would take a tough line on asylum seekers.

Asked on ABC television what he would do to counter strains on the Christmas Island detention centre, he said: ''We will try to stop it becoming overcrowded by making it absolutely crystal clear that people who get here illegally can't expect to stay here.

http://www.smh.com.au/national/austr...0207-nkxh.html

George Lombard

... and from the Australian:

SKILLED migrants who line up a job will be given priority to come to Australia, while those who don't will find it harder to gain a visa, under a revamp of the nation's immigration program to be unveiled today.

The current occupations-in-demand list will be scrapped immediately and replaced with a new list of highly skilled professions and trades to be introduced mid-year.

Immigration Minister Chris Evans will also announce that the "points test" used to assess migrants on their qualifications, English language skills and experience will be overhauled.

The new test could better reward qualifications from ivy-league universities, English skills and certain occupations.

The government will also consider a new system in which businesses and federal, state and territory governments could review applications and prioritise certain candidates.

In a speech to the Australian National University, Senator Evans will declare that aspects of the current scheme are "rusty".

Start of sidebar. Skip to end of sidebar.

End of sidebar. Return to start of sidebar.

The changes are likely to hurt overseas students in Australia who are training in areas scrapped from the skilled occupation list.

Those students will have until the end of 2012 to apply for a temporary skilled graduate visa, with the hope of acquiring work experience and sponsorship from an employer.

In addition, the government will deny skilled migration visas to about 20,000 people who applied from overseas before September 2007, when less stringent rules applied.

Under the changes, state and territory governments will develop their own migration plans and the Immigration Minister will gain new powers to limit the number of visas for any one occupation.


http://www.theaustralian.com.au/news...-1225827628185

George Lombard

Further information concerning the abolition of the MODL:

... the only applicants who will still have access to MODL occupations will be Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas applicants, who:

(i) held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or
(ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument.

There will no longer be any skilled occupations on the MODL for all other GSM applications. This will mean that most GSM applicants will not be able to obtain extra points under the GSM points test because of the MODL. This change will impact all new GSM applications from the effective date of the instrument except those specified above. It will also impact on potential applicants who intended to apply for a GSM visa based on their occupation which was (before the changes) listed on MODL.



Cheers,

George Lombard

George Lombard

Text of Minister's speech yesterday:


Migration reforms to deliver Australia's skills needs

Monday, 8 February 2010

The Rudd Government is reforming the permanent skilled migration program to ensure it is more responsive to the needs of industry and employers and better addresses the nation’s future skill needs.

The reforms will deliver a demand rather than a supply driven skilled migration program that meets the needs of the economy in sectors and regions where there are shortages of highly skilled workers, such as healthcare, engineering and mining. The major reforms to the skilled migration program are:
20 000 would-be migrants will have their applications cancelled and receive a refund.

All offshore General Skilled Migration applications lodged before 1 September 2007 will have their applications withdrawn. These are people who applied overseas under easier standards, including lower English language skills and a less rigorous work experience requirement. It is expected about 20 000 people fall into this category. The department will refund their visa application charge at an estimated cost of $14 million. Average applications cost between $1500 and $2000 and most contain more than one person.

The list of occupations in demand will be tightened so only highly skilled migrants will be eligible to apply for independent skilled migration visas.

The wide-ranging Migration Occupations in Demand List (MODL) will be revoked immediately. The list is outdated and contains 106 occupations, many of which are less-skilled and no longer in demand. A new and more targeted Skilled Occupations List (SOL) will be developed by the independent body, Skills Australia, and reviewed annually. It will be introduced mid-year and focus on high value professions and trades. The Critical Skills List introduced at the beginning of 2009 which identified occupations in critical demand at the height of the global financial crisis will also be phased out.

The points test used to assess migrants will be reviewed to ensure it selects the best and brightest.

Potential migrants gain points based on their qualifications, skills and experience, and proficiency in English. The current points test puts an overseas student with a short-term vocational qualification gained in Australia ahead of a Harvard-educated environmental scientist. A review of the points test used to assess General Skilled Migration applicants will consider issues including whether some occupations should warrant more points than others, whether sufficient points are awarded for work experience and excellence in English, and whether there should be points for qualifications obtained from overseas universities. The review will report to Government later this year.

Certain occupations may be capped to ensure skill needs are met across the board.

Amendments to the Migration Act will be introduced this year to give the Minister the power to set the maximum number of visas that may be granted to applicants in any one occupation if need be. This will ensure that the Skilled Migration Program is not dominated by a handful of occupations.

Development of state and territory-specific migration plans.

Individual state and territory migration plans will be developed so they can prioritise skilled migrants of their own choosing. This recognises that each state and territory has different skills requirements. For example, Western Australia may have a shortage of mining engineers while Victoria may have a requirement for more architects. Under the new priority processing arrangements, migrants nominated by a state and territory government under their State Migration Plan will be processed ahead of applications for independent skilled migration.

The Minister for Immigration and Citizenship, Senator Chris Evans, said the new arrangements will give first priority to skilled migrants who have a job to go to with an Australian employer. For those who don’t have an Australian employer willing to sponsor them, the bar is being raised.

‘There are plenty of occupations where there is an adequate supply of young Australians coming through our schools, TAFE colleges and universities to take up new job opportunities. They must be given the opportunity to fill these vacancies first,’ Senator Evans said.

‘But there are some occupations where there will be high demand for skills. Hospitals can’t go without nurses, country towns can’t do without a local GP and the resources sector increasingly needs skills.

‘These latest changes will continue reforms already implemented by the government and result in a more demand-driven skilled migration program that attracts highly skilled migrants to Australia to work in areas of critical need.’

The government recognises that the changes will affect some overseas students currently in Australia intending to apply for permanent residence.

Those international students who hold a vocational, higher education or postgraduate student visa will still be able to apply for a permanent visa if their occupation is on the new Skilled Occupations List. If their occupation is not on the new SOL, they will have until 31 December 2012 to apply for a temporary skilled graduate visa on completion of their studies which will enable them to spend up to 18 months in Australia to acquire work experience and seek sponsorship from an employer.

The changes will in no way impact on international students coming to Australia to gain a legitimate qualification and then return home.

The speech by Senator Evans explaining the changes to the skilled migration program delivered at the Australian National University.
See: Changes to Australia's skilled migration program

George Lombard

See http://www.immi.gov.au/skilled/gener...discussion.pdf .

The core part of the discussion paper is produced below.

The advance publicity for this announcement has indicated that many trades occupations were overvalued as against knowledge industry skills - the following discussion from the discussion paper shows a clear policy direction in that respect. More surprising is the suggestion that points from Australian institutions will be downgraded:


Factors for Consideration

This section examines two major factors for consideration for any future Points Test which have attracted the most comment during the initial discussion with key stakeholders, before outlining a comprehensive set of selection criteria as a basis for a new Points Test.
Points for Occupation
The following table details the points currently awarded for various occupations as well as a description of how the occupation comes to be awarded points:


60 points
Most occupations where training is specific to the occupation. In most cases, an applicant must have a qualification and experience which meets the relevant Australian standards and is specifically related to their nominated occupation and be able to meet any registration requirements in Australia. 60 point occupations must also have a specialised assessing authority assessing the applicant’s skills in the nominated occupation.

50 points
General professional occupations. Applicants must have a qualification equivalent to an Australian bachelor degree or higher qualification.

40 points
Other skilled occupations. Applicants must have a qualification equivalent to an Australian diploma or advanced diploma.
This classification system has a number of anomalies:

• the existence or otherwise of a specialised assessing body (required for a 60 point occupation) is often a matter of chance rather than a reflection of the worth of the occupation; and
• occupations with significantly different training requirements are awarded equal points;

o many 50 point occupations require training specific to the occupation, but are deemed to be 50 point occupations because a generalist assessment is undertaken. Examples of such occupations include town planners, biochemists and actuaries;
o occupations which require a diploma or advanced diploma are only awarded 40 points under this system, eg Ship’s Engineer, Dental Therapist, Ambulance Officer compared to other occupations where an associate diploma or work experience are considered sufficient to earn higher points.

If there are to be point gradations for occupations, then it is proposed that they should be allocated on the basis of the value of that occupation to the Australian economy. Alternatively, given the decision to move to a more targeted SOL, no points could be awarded for an occupation (ie all eligible occupations are weighted equally).

Your views: Should there be differentiation in points awarded for occupations under the revised Points Test or should no points be awarded for occupation?
Page 9 of 16


Points for Overseas qualifications

The current Points Test provides additional points to applicants with Australian qualifications, ranging from 5 points for meeting the Australian study requirement of 2 years study in Australia up to 25 points for a PhD completed in Australia. The points for Australian qualifications are in recognition of the general quality of Australian education, the fact that studies are conducted in English and that there is a significant period of acculturation and exposure to the Australian labour market and society.

Applicants with overseas qualifications do not accrue points for these qualifications even if the overseas education institution is recognised internationally as being of a very high standard. It could be argued that this may act as a disincentive for graduates from overseas institutions of a very high standard to apply for GSM.

Points for overseas qualifications could be considered commensurate with the current points for Australian qualifications or at a lower level, for example 5 points could be allocated for this factor per the points currently awarded for regional study.

It is recognised there may be challenges in extending the allocation of points to include certain overseas qualifications. Options to address these concerns could include:
• confining points for higher degree qualifications to a specific list of higher education institutions (for example those within the world’s top 200 or top 500 as ranked3) and courses which are directly linked to the SOL occupation of the applicant;
• giving applicants with Australian qualifications additional points to reflect the labour market and social advantages of an Australian education;
• some combination of the above (eg all qualifications from the selected 200 or 500 universities are given the same points as an Australian educational institution, possibly while also giving Australian universities on the select list additional points); and/or
• requiring skills assessing authorities and/or professional bodies to attest to the standard of overseas qualifications (which may already be established through Accords or Agreements with international bodies).

If it is accepted that Australia’s interests are best served through maximising human capital in our economy, then the Points Test should be structured to attract migrants of the highest skill, including those with qualifications from internationally respected overseas institutions.

Your views: Should the Points Test differentiate between Australian and overseas qualifications? Should prospective applicants be awarded points for overseas and/or Australian qualifications? On what basis could ‘eligible’ overseas institutions and qualifications be determined?


Cheers,

George Lombard

George Lombard

Latest news from the Migration Institute of Australia confirms several important issues for new General Skilled Migration applicants. The news has been issued with an injunction forbidding electronic copying without consent, but these are the headlines for offshore applicants:
1. All General Skilled Migration applications lodged between 8 February and the planned introduction of the new Skilled Occupation List (SOL) on 1 July will be assessed according to the current SOL.


2. DIAC and the Minister will most likely undertake the capping and ceasing of Pre 1 September 2007 Offshore Applications in March; DIAC is able to extend some clemency to people in this category who are actually in Australia, for example as holders of student visas or subclass 457 visas and have well established links in the Australia community. Anyone likely to be in this situation should be contacting DIAC immediately.