(Copyright
2007)
Edition
Number 106
Monday 16th
April 2007
Hiya
everyone
Welcome to
yet another jammed pack edition on
Little on
footy this week given the Freo Dockers lost their
first couple of games in tight finishes and then on Saturday having won the
last 5 local derbies, lost in a very poor standard game to West Coast. I need a
strong drink ..
Has
been a big few weeks with DIAC announcing the proposed changes to the points
test categories that will commence from September 1st 2007. Information will continue to
trickle out of DIAC between now and 01/09/07 and we will try and bring you
everything we know.
The
changes reflected most of what we thought was going to happen and shows the
increased emphasis on English language skills, including for nationals of
countries who whom in the past testing was unnecessary (ie
UK, Ireland, USA, Canada, etc).
On to the news ..
1) What
work experience will count
DIAC have
been fairly generous in the past as to how they will interpret skilled work.. That is a visa applicant who does not have the required
qualifications or work experience (according to Australian standards) but can
still do the full duties of the work and be payed at that level, have had their
work experience accepted in the past.
This was a
sensible approach as many professionals acquire the skills before completing
the full period of training or work experience as determined by the relevant
Australian authority. Many of these authorities have standards which are
inflexible and serve other agendas other than DIAC requirements, so flexibility
made sense.
NOW however
it is clear that DIAC are going to make it almost impossible to claim work
before the accepted qualification or work experience has been accrued. So an
accounting student will not be able to count the work they do during their accounting
degree if they have not acquired those skills elsewhere. Same with trades
people who will not be able to count any of the up to 6/7 years work experience
they have used for their trades assessment in also meeting DIAC requirements.
As
foreshadowed in a previous newsletter, the Deeming Rule is back with
vengeance
2) What
work experience will be required
As
previously there will be a requirement to have a minimum period of skilled work
experience OR be an Australian graduate to apply for most of the skilled visa
categories. The amount of work experience has varied between 6 months and 2
years depending on which category you were applying under.
From the 1st
September if the visa category you are applying under does have a minimum
period of work experience, it will be a consistent (not need to be continuous) 12
of the last 24 months for ALL visa subclasses.
Further
points are still likely to be awarded for longer periods of work experience (ie 3 of the last 4 years).
3) MODL
(demand occupation) points
A new
change to this from 1st September ..
The points
for nominating an occupation that either at the time of application or time of
decision is on the Modified Occupation in Demand List (MODL) will only be
granted if
the visa applicant has been employed in that (or a closely
related) occupation for at least 12 months in the previous 4 years.
This will
affect both overseas applicants and applicants studying in
4)
English Language Requirements
The
following will be the requirements to be awarded points for English in the
points test for applications lodged after 1st September 2007 ..
25 Points
(Proficient English) A minimum score of 7.0 in each of the four components of
the IELTS test.
15 Points (Competent
English) One of following :
- Holds a
passport from
- A minimum
score of 6.0 in each of the four components of the IELTS test.
- A minimum
score of 5.0 in each of the four components of the IELTS test (only if
nominating a trade occupation ASCO code 4000s)
- An
average band score of at least 5.5, and pay English language charge and
applying for new subclasses 475 or 487), and intend to live in an approved
state
As you can
see there is no longer 20 points for English, the minimum for most applicants
will now be at least 6.0 in each band, and citizens of selected countries who
in the past did not have to do the test, will now need to in order to get more
than the basic 15 points.
Also trades
people will only have to achieve the current 5.0 band to get 15 points.
5)
Points for studying in
There are a
number of changes, in particular for students who are undertaking a doctorate, honours
or a masters (having completed a degree in
http://www.immi.gov.au/skilled/general-skilled-migration/changes/_pdf/GSMchange_points-test.pdf
6) Visa
subclass numbers all Changing
In order to
implement these changes, DIAC have decided to get rid of all the previous sklled visa categories and replace them with a new
numbering system. To see how the new subclasses will look here is the list ..
I
was looking at applying for
I
will now be applying after 01/09/07 for...
Skilled
- Independent (subclass 136)
Skilled
Independent (subclass 175)
Skilled
- State/Territory Nominated Independent (subclass 137)
Skilled
Sponsored (subclass 176)
Skilled
- State/Territory Nominated Independent (subclass 137) as permanent visa
pathway from SIR
Skilled
Regional (subclass 887)
Skilled
- Australian-sponsored (subclass 138)
Skilled
Sponsored (subclass 176)
Skilled
Independent Regional Skilled OFFSHORE (subclass 495)
Skilled
Regional Sponsored (subclass
475)
Skilled
Independent Regional (subclass 495)
ONSHORE
Skilled Regional
Sponsored (subclass 487)
Graduate
- Skilled (subclass 497)
Skilled
Graduate (subclass 485)
Skilled
Designated Area-sponsored (subclass 496)
Skilled
Regional Sponsored (subclass 475)
Skilled
Onshore Independent New Zealand Citizen (subclass 861)
Skilled
Independent (subclass 175)
Skilled
Onshore Australian-sponsored New Zealand Citizen (subclass 862)
Skilled
Sponsored (subclass 176)
Skilled
Onshore Designated Area-sponsored
Skilled
Regional Sponsored (subclass 475)
Skilled
Independent Overseas Student (subclass 880)
Skilled
Independent (subclass 885)
Skilled
Australian-sponsored Overseas Student (subclass 881)
Skilled
Sponsored (subclass 886)
Skilled
Designated Area-sponsored Overseas Student (subclass 882)
Skilled
Regional Sponsored (subclass 487)
There will
also be a new subclass for applicants who have studied overseas at a recognised
institution and who have skills in high demand in Australia Skilled
Recognised Graduate (subclass 476).
7) What
will be the new passmark
The
minister has indicated that he has not yet decided on the new passmark. Currently it stands at 120 for the skilled visa
and 110 visa for the sponsored visas. That indicates
that some thought will be given to changing it.
Any higher
than 120 will mean a conflict with the majority of student graduates in
Australia who from 01/09/07 will only get 110 and will be applying for an 18
month visa to try and attain 10 extra points. That will only get them to 120
anyhow so a rise above 120 would not make sense. We will wait and see ..
8) What will
happen to Student Graduates
Student
graduates who can meet the new points test can still apply for a permanent visa
straight away. This would normally be through them being able to achieve a 7
band in their IELTS test.
A student
who has completed in July 2007 would have the option of applying for the
existing visas 880, 881, 882, 495 etc before 1st September 2007. Or alternatively applying for a 497 and then one of the new visas
after this date.
So if you
are going to meet the current points test, better to apply for the existing
permanent visa now, if you are not, but you think the new changes will help
you, then apply for the 497 followed by one of the new categories after 1st
September 2007.
Many
students will be short of the new requirements due to only receiving 15 points
for English and not being eligible for MODL due to not having skilled enough
recent work experience. For those students a non points tested 18 month
temporary visa has been established to try and improve English, work for 12 months
in highly skilled work, study a professional year or just holiday. Doing the
first 3 of these (better English, work or study) will gain 10 extra points and
hopefully reach the passmark.
Students
who nominate a 50 point occupation will be able to lodge their application and
stay in
In short
many students will be concentrating very much on trying to improve their
English. If you cannot reach these marks you cannot be granted the new skilled
visas.
9) Other
changes
- Highly
skilled work in
- All
applications will be able to be lodged electronically (as well as existing
option of hardcopy)
10) New
STNI List for
Stand by
for a significant number of additions to the list of occupations for which you
only need 70 points to migrate to
11)
As of 10th April 2007 the ASPC is receipting onshore applications received
on 2 April 2007 and offshore applications received on 27 February 2007.
Applications lodged on or before the dates shown below have been allocated
to case officers for further processing.
ONSHORE APPLICATIONS
Student/Graduate
Paper based applications: 13
December 2006 (subclass 880), 31 October
2006 (subclass 881) and 24 November 2006 (subclass 882)
E-lodged (online) applications: 22 December 2006 (subclass 880) and 27
September 2006 (subclass 881) and 27 September 2006 (subclass 882)
Skilled Independent Regional (Provisional) (SIR VISA)
Paper based applications: 1 November 2006
E-lodged (online) applications: 18 December 2006
OFFSHORE APPLICATIONS
Applications for Classes BN, BQ, BR and UZ (subclasses 134, 136, 137, 138,
139 and 496)
Priority Applications: 10 July 2006
Non-Priority Applications: 26 June 2006
Skilled Independent Regional (Provisional) (SIR VISA)
Paper based applications: 30 August 2006
E-lodged (online) applications: 01 February 2007
Windup
There is a
link to the full fact sheets on these changes on the DIAC website
..
http://www.immi.gov.au/skilled/general-skilled-migration/changes/qa.htm
There is
obviously a need for much more detail about these changes. As DIAC release any
information we will publish it and provide comment on what it all means.
If anyone
has any questions related to these changes you are welcome to drop us a line (migration@iscah.com)
and we will be happy to try and answer it for you.
Have a good
month and see you on Monday 18th May.
Cheers
Steven
ONeil
Iscah
Migration