From 1st July 2013 the following occupations have been removed from the SOL Schedule 1:

• Hospital Pharmacist    ANZSCO 251511
• Retail Pharmacist    ANZSCO 251513
• Aircraft Maintenance Engineer (Avionics) ANZSCO 323111
• Aircraft Maintenance Engineer (Mechanical)  ANZSCO 323112
• Aircraft Maintenance Engineer (Structures) ANZSCO 323113

DIAC update the SOL at least annually on the basis of advice from the Australian Workforce Productivity Agency (previously known as Skills Australia).

The proposed SOL Schedule 1 from July 1st 2013 can be found here:

http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupation-list.htm

New General Skilled Migration (GSM) Points Test Pass Mark of 60 Points from July 1st 2012

From July 1st 2012 the Pass Mark for points tested skilled migrants who complete an Expression of Interest (EOI) through the new SkillSelect portal will be lowered from 65 points to 60 points.

SkillSelect is the online administrative basis for managing the GSM program. Prospective applicants who do not have an employer sponsor will need to complete an EOI. Based on claimed skills and attributes (which will need to be substantiated to avoid fraud) applicants will be allocated a score against the Points Test. SkillSelect will automatically rank intending migrant’s scores against other EOIs. In essence the EOI process will become a competition between applicants.

The highest ranking migrants across a broad range of occupations may be invited to apply for a  GSM skilled visa.

Changes to General Skilled Migration, Employer Sponsored, Business Skills Visas and Introduction of SkillSelect

The following is article source is from notes taken by the author whilst attending the DIAC Melbourne Skilled Migration Seminar scheduled on 29^th May 2012. All copyright, along with all other content on this website, is reserved by Neo Phoenix Pty Ltd and no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of the author.

DIAC has released a once in a generation legislative changes that will affect General Skilled Migration (GSM), the former Business Skills Program and Employer Sponsored visas.

Broadly speaking, the legislative amendments include:

• Amends Migration Regulations 1994 to support SkillSelect electronic expression of interest (EOI) portal;
• Introduction of an Invitation requirement for some key visas;
• Repealing 19 visa Subclasses and associated legislation; and
• Introducing 7 new visas in a revised "streamed" structure.
• Introducing a streamlined Business (Long Stay) Subclass 457 to permanent residency (PR) pathway;
• Introducing a Points Test for provisional Business Skills visas;
• Establishing a visa type for venture capital entrepreneurs; and
• Removing some onshore and offshore distinctions.
• Introduction of a CSOL (Consolidated Skilled Occupation List       - comprising an amalgamation of the ENSOL, StatSOL and Instrument of occupations for Business (Long Stay) Subclass 457 and Occupational Trainee Subclass 442 Visas)

General Skilled Migration (GSM) and SkillSelect

DIAC are moving from “Passive Acceptance” model to one of “Active Selection” of the best of the best applicants with skills and experience in occupations in demand.

Whereas in the past DIAC were obliged to process valid visa applications regardless of nominated occupation and points score(provided the Pass Mark was met) etc, DIAC will hold exclusive power to select the applicants that will best meet Australia’s skill shortages. Thus, under the current regime, where approximately 40% of GSM applicants have nominated Accounting occupations, under the new SkillSelect model DIAC will have published occupation caps. Nominated occupation will no longer be allowed to artificially skew the program objectives.

General Skilled Migration (GSM) and former Business Skills Program, renamed Business Innovation and Investment program, will mandatorily require an Expression of Interest (EOI) and be an exclusively online application via eVisa. Paper based applications are being phased out. There will be a transitional period where paper based applications can be made.

The introduction of SkillSelect is a web based interface allowing prospective visa applicants to lodge a free EOI. SkillSelect is an administrative basis not a legislative basis.

An Expression of Interest (EOI) can be updated at any stage prior to acceptance. It is generally valid for 2 years but can be suspended where the applicant’s circumstances have changed such as travel, death in the family, change of address or location and work commitments.

Any claims made in an EOI must be substantiated and fraud will be detected if pre populated fields in the electronic visa application form are edited raising an integrity flag. There is the possibility of refusal under Public Interest Criterion 4020 and under Schedule 2 criteria.

The selection of EOI for invitation to lodge an application is completely automated by Skillselect and does not involve human intervention from any DIAC officer.

There are no attachments to an EOI.

There is a maximum of 2 invitations per EOI. Scheduled invitations will likely occur on a monthly basis. If two invitations to lodge are refused the applicant will need to lodge a new EOI.

There will be occupation ceilings and DIAC will publish statistics on occupation data including at what Pass Mark invitations have been sent. DIAC will also publish any “lever changes” for example lowering the Pass Mark.

For employer sponsored permanent residency visas it will be optional to lodge an EOI.

There is no longer any onshore or offshore distinction – DIAC are not so much concerned about where you are at the time you apply provided you have the profile they are looking for. How this will affect Bridging Visa rights and Schedule 3 criteria remains to be seen.

Further details will be released regarding applicants who hold a visa with a No Further Stay Condition or who are affected Section 48 of the Migration Act 1958.

Corporations with an AusKey can access the database and search for prospective candidates. Businesses will not be able to trawl through the database to solicit clients. The Australian Taxation Office (ATO) can monitor for abuse of user terms and users can be barred.

In other changes, IELTS test results will now be valid for a period of 3 years, unlike the current 2 year validity period.

Recent Work Experience will no longer be a threshold criteria. Presently for most “off shore” GSM subclass applicants require 12 months out of the last 24 months recent work experience in the nominated occupation or a closely related occupation (depending on what occupation nominating).

It is only possible to select one or all states to show interest in Nomination.

An EOI is linked to a single nominated occupation. We understand that if an applicant has multiple Pre Application Skills Assessments in different nominated occupations they can lodge two separate EOIs.

DIAC will review the current Skilled Occupation List (Schedule 1) on or before July 1^st 2012. Details on the new list can be found here http://www.immi.gov.au/skilled/_pdf/updated-sol.pdf

There are still approximately 98,000 skilled visa applications in the pipeline awaiting processing. The SkillSelect model, with its staggered invitation system will ensure that we are unlikely to ever experience similar backlogs again.

Employer Sponsored Visas

DIAC Reforms have been made to the:

 Employer Nomination Scheme (ENS)

 Regional Sponsored Migration Scheme (RSMS)

 Labour Agreements program

As mentioned above in relation to skilled visas DIAC are removing the existing distinctions between onshore and offshore applications

 DIAC are replacing the permanent labour agreement visa with streams in the ENS and RSMS two new visas:

• Employer Nomination (Class EN) Employer Nomination Scheme (subclass 186) and the Regional Employer Nomination (Class RN) Regional Sponsored Migration Scheme (subclass 187).

Applicants will be able to apply for the new permanent employer sponsored visas online.

Within each of these visa subclasses there will be 3 Streams:

 Temporary Residence Transition stream is for subclass 457 visa holders who have worked for their employer for at least the last two years and the employer wants to offer them a permanent position in that same occupation. For this stream applicants will need to have at least Vocational English, which requires a minimum IELTS score of 5 in each component of the test.

 Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 for at least the last two years or are applying directly from outside Australia. the job or position being nominated for permanent residence is consistent with the position the person held while on their subclass 457 visa. The position will continue to be available to the prospective migrant for at least two years and the terms and conditions of employment are the same as any that would apply to an Australian citizen. The prospective migrant will be paid the ‘market rate’. That is, the nominee will be paid at least as much as an Australian employed in the same position in the same location. The employer has met the subclass 457 training requirement. Direct Entry stream applicants will need to have at least competent English, which requires a minimum IELTS score of 6 in each component of the test.

Visa applicants who are eligible to apply through this stream will need to meet.

 Agreement stream is for applicants who are being sponsored by an employer through a highly scrutinised and negotiated labour agreement or regional migration agreement.

DIAC have also made the following changes in relation to employer sponsored visas:

 raising the upper age limit to less than 50 years of age

 changes to key visa criteria including English language and skill level and skill assessment requirements

 introducing one Consolidated Sponsored Occupation List (CSOL) to replace the 457 occupation list, the Employer Nomination Skilled Occupation List (ENSOL) and the State and Territory Sponsored Occupation List (StatSOL)

 strategically refocussing the regional certifying body (RCB) network to work exclusively on the Direct Entry stream of RSMS

 integrating the new ENS and RSMS visas with the skilled migrant selection model—SkillSelect, which will be launched on 1 July 2012. SkillSelect will be optional for permanent employer sponsored visa applicants.

 replacing the subjective Exceptional Circumstances provisions with clear and objective Exemptions.

RSMS has been opened up for applicants in a broader range of occupations provided they have relevant skills and qualifications. Minimum qualification levels will be determined by the ANZSCO. Trade occupations at skill level 3 will require a positive skills assessment by the relevant assessing authority if they do not hold an Australian qualification (Certificate III minimum for most occupations).

Business Innovation and Investment Visas (Replaces the former Business Skills Program)

The former Business Skills Program has been renamed the Business Innovation and Investment visa and will be integrated into the SkillSelect Model from 1 July.

DIAC have reduced the number of visa subclasses from 13 to 3:

 Business Talent (Permanent) Subclass 132 (which will include a Significant business history stream and a Venture capital entrepreneur stream)

 Business Innovation and Investment (Provisional) Subclass 188 (which will include a Business innovation stream and an Investor stream).

 Business Innovation and Investment (Permanent) Subclass 888 (which will also include a Business innovation stream and an Investor stream).

The former Business Owner and Investor subclasses have merged into a single visa subclass.

There is no longer any provisional pathway for Senior Executives.

There will no longer be any independent visa categories. State or Territory government sponsorship will be required except for perhaps the former immediate permanent residency categories. It is unknown what will happen with the existing permanent residency Established Business in Australia (subclass 845) and Regional Business in Australia (subclass 846) subclasses.

DIAC will be creating a visa pathway to provide for significant migrant investment into Australia. This initiative is expected to be implemented in the 2012-13 program year.

These changes are part of a comprehensive review designed to:

•              recognise and encourage business innovation by introducing a business innovation points test as part of a new Business Innovation stream in the Business Skills (Provisional) (Class EB) visa class;

•              reward entrepreneurial talent and diverse business expertise by introducing a Venture Capital Entrepreneur stream in the Business Skills – Business Talent (Migrant) (Class EA) visa class;

•              increase the asset thresholds which must be met by applicants for Business Skills visas;

•              align key skill standards across the General Skilled Migration, Employer Nomination and Business Skills visas to improve the integrity of the skilled visa program;

•              introduce a new requirement for applicants to be invited by the Minister to apply for a General Skilled Migration or Business Skills visa;

•              introducing an innovation points test for provisional visa applicants

There are far greater integrity measures in relation to transitioning from the temporary residency to permanent residency visas.

We will update our Website when we have further details.

From 26 March 2012, the Visa Conditions 8104 and 8105 were amended to provide:

• Student work entitlements are measured as 40 hours a fortnight instead of 20 hours a week.

• Unlimited work rights for Subclass 574 (Postgraduate Research Sector) visa holders if they have commenced their masters degree by research or doctoral degree.

The new definition of 'fortnight' refers to the period of 14 days commencing on a Monday.

The amendments apply to visas that are subject to condition 8104 or 8105 in Schedule 8 to the Regulations and which are in effect on 26 March 2012.

The amendments also apply to applications for relevant visas:

• made on or after 26 March 2012
  or
• made, but not finally determined before 26 March 2012.