ISCAH Migration Newsletter

 

 

(Copyright 2007)

Edition Number 106

Monday 16th April 2007

 

 

 

 

Hiya everyone

 

Welcome to yet another jammed pack edition on Australia’s migration and visa requirements.

 

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 Australia, although the major affect will be on Australian graduates. This is because most will not have worked this period of time as they would have been studying fulltime. And if they had been working, chances are that it will not be considered at a high enough skill level (see paragraph #1 above).

 

 

 

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 UK, USA, Canada, NZ or Republic of Ireland

- 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 Australia

 

There are a number of changes, in particular for students who are undertaking a doctorate, honours or a masters (having completed a degree in Australia). For students doing only a degree or masters in Australia, there has been no change. Rather than bore you with a long table on that, the new points for Australian study is here ..

 

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 New Zealand citizen (subclass 863)

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 Australia during processing. And applicants for this 18 month visa will have to still gain at least 6.0 in all bands of the IELTS test (unless they are trade or SIR applicants).

 

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 Australia for 12 months will give 10 points.

- All applications will be able to be lodged electronically (as well as existing option of hardcopy)

 

 

 

 

10)  New STNI List for Western Australia

 

Stand by for a significant number of additions to the list of occupations for which you only need 70 points to migrate to Western Australia. A significant number of trades and computing professionals will be added to the list if approved, possibly in May.

 

 

 

 

 

11)  Adelaide DIAC Processing times (ASPC)

 


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 O’Neil

Iscah Migration

www.iscah.com

newsletter@iscah.com