Tasmania and Western Australia - State Migration Plans

With holiday season upon us I have been a bit slow off the mark in updating the blog for the announcement of the Tasmanian and WA state migration plans.

Details for the Tasmanian plan are HERE

Details for the WA plan are HERE

Now we're only waiting on Sth Australia and New South Wales.

Queensland - State Migration Plan

After a false start (with a withdrawn press release) on 26 November, the Queensland State Migration Plan has been announced:

The Queensland Government website has further details:

Skilled Sponsored (Subclass 176) information (including occupation list)
Skilled Sponsored (Subclass 886) information (for onshore students and incl occupation list)
Skilled Regional Sponsored: 475 and 487 information (for regional sponsorship and occupation list).

 Please note that you need to check each occupation on the lists for any:

• English language requirements
• qualifications and registration requirements
• industry experience requirements

The Queensland government used to have an "off list" nomination program, but that has currently disappeared from its website.

This blog post is largely based on the MIA email news bulletin which is provided as a service to its members. 

Northern Territory - State Migration Plan

The Northern Territory has now also announced its state migration plan - click here for details.

Also have a look at http://www.migration.nt.gov.au/ to see what else is going on in the top end.

New Points Test

The new points test has finally been released and it is scheduled to take effect from 1 July 2011 (at least there is some notice this time).

As a service to its members the MIA (www.mia.org.au) provided the following summary of it:

• Distinction between 40/50/60 point occupations abolished, those points removed from test
• Age points adjusted to reflect productive working years rather than youth
• Additional 10 point differential introduced for “Superior English” language ability (IELTS 8)
• Additional points for extended periods of employment in Australia
• Additional points for longer periods of professional experience generally
• Considerable additional points for university graduates, particularly for applicants with PhDs
• Relative advantages of trade and degree qualified occupations have been reversed
• Regional nomination and family sponsorship points reduced
• No indication of difference between independent and sponsored pass marks at this stage
• Pass mark of 65

There is a fact sheet explaining how it works on the DIAC website - click here.

There is already some criticism that it is "underweight" for trade occupations and places too much emphasis on the IELTS score. See for example the press release from the Australian Industry Group.

Like all new things we will have to see how this goes - is the criticism warranted? Is it out of balance .... only time will tell.

Creative commons attribution for the photograph.

High Court - fairness in offshore processing

The High Court has today found that some asylum seekers being held in offshore detention will have rights of judicial review (i.e. only if there is an error of law).

The case is going to have huge political ramifications as one of the purposes for offshore processing is that it (was thought until today) that applicants had no recourse to the Court system.

The actual case is at:
Plaintiff M61/2010E v Commonwealth of Australia
Plaintiff M69 of 2010 v Commonwealth of Australia
[2010] HCA 41

Although it might be easier to read what some of the media are saying about it:

• News.com.au
• Sydney Morning Herald
• ABC
• The Australian
• Uniting Church

Another example of the separation of powers in action - no wonder the government hates it!

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ACT - Migration Plan

The Australian Capital Territory ("ACT"...better known as Canberra) also announced its migration plan this week. To be eligible for ACT sponsorship you will need to have:

• an occupation on the State Migration Plan (SMP) Skills List;
• skills and experience that will be of benefit to the ACT economy;
• sufficient English language ability which will provide reasonable employment opportunities in the current ACT labour market;
• an occupation with sufficient employment opportunities in an industry relevant to the ACT at time of lodgement;
• sufficient financial resources to settle in the ACT while seeking employment;
• a demonstrated commitment to living and working in the ACT for at least 2 years; and
• met all Department of Immigration and Citizenship (DIAC) visa requirements for General Skilled Migration External Link.
  

For more information look at the ACT Business and Industry Development website.

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Victoria - State Migration Plan

Today, the state of Victoria announced its State Migration Plan.
This basically means that the terms of an agreement between Victoria and DIAC have been finalised.

Under the Victorian plan: "...the number of skilled migrants that the Victorian Government can sponsor against each occupation listed on the State Sponsorship Eligibility Lists is limited by a quota, and by an overall cap on the total number of applications that can be sponsored each year. For 2010-11 Victoria’s cap is 4,500 visa grants, which includes primary and secondary applicants."

The Victorian eligibility lists can be found HERE and there is more info about the plan on http://www.liveinvictoria.vic.gov.au/ .

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Migration Program Targeting

The Minister for Immigration and Citizenship (Senator Bowen) today launched his Report on the Migration Program 2009-10.

The proportion of skilled migrants (in the total intake) has risen and so have the number of those migrants who are in the employer sponsored categories. This is hardly surprising considering the processing priority which is currently in place. The top occupations are accountants, IT professionals and registered nurses. The UK still represents the largest source of migrants, but India and China are high on the list.

You can read the whole press release by clicking here.

If you feel like reading the whole report - click here.

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Recognised (Engineering) Graduates

The Skilled (Recognised Graduate) Visa is available to graduates who:

(a) completed a course in the period of 24 months ending immediately before the day on which the application is made; and

(b) at an institution specified by the Minister...for the award of a degree or higher qualification in a discipline specified.

From 30 October 2010 there will be 104 specified institutions, but the only discipline specified to date is engineering....so this is good news for (some) overseas engineering graduates.

The full list is in the legislative instrument which you can view by clicking here.

Creative commons attribution for the photograph.

Migration - Economic Outcomes

On 30 August 2010, the Australian Bureau of Statistics (ABS) published another in its series of Perspectives on Migration entitled "Economic Outcomes of Skilled Program Migrants".

The report (click here for full version) finds that the unemployment rate for skilled migrants is 30% higher then the national average. This is an interesting finding as this program is often promoted as a solution to the skills shortage. Apparently it's not. The report also explores some of the reasons for this outcome.

It's also no wonder when faced with research like this that government policy is clearly focused on the employer sponsored visa classes. The migrants under that program have 100% employment.

There was also an article about this ABS report in The Sydney Morning Herald on 1 September 2010.

Creative commons acknowledgment for photograph.

Election 2010

On the eve of the 2010 Australian federal election (it's on tomorrow - Saturday 21 August 2010), the Migration Institute of Australia did a Q&A of the major parties and their policies on various aspects of migration:

1. the questions
2. the response from the Australian Labour Party - click here
3. the response from the Liberal - National Coalition - click here
4. the response from the Greens - click here

...just as I feared - not much choice really.

Creative commons attribution for the photograph

MIA Media Release - 26 July 2010

A Better Migration Program is Not Built on Empty Promises and Hollow Threats

As politicians sharpen their focus on refugees in boats and arbitrary caps and targets designed for short term political gain, Australia’s migration program remains unbalanced, mismanaged and confusing for current and potential migrants and sponsors and for the general public.

The true migration issues that need to be dealt with are click to read in full

Classification of Occupations: ANZSCO

On 1 July 2010 ANZSCO replaced ASCO as the standard that would be used by the Australian Department of Immigration and Citizenship ("DIAC") to assess and classify occupations for the purpose of immigration to Australia.

Just like ASCO, ANZSCO is available on the ABS Website.

ANZSCO has a different structure to ASCO which means that there isn't a one to one correlation and this lead to some interesting transitional issues (eg ASCO had one classification for "nurse" but ANZSCO has 10). DIAC have provided on their website a useful diagram showing the ANZSCO structure.

There shouldn't be too many problems with visa applications that were already lodged before 1 July and there shouldn't be any ANZSCO related issues for applicants who have a skills assessment with an ANZSCO code. However, what happens if someone has an assessment with an ASCO code and wants to lodge a visa application after 1 July 2010? The short answer seems to be that this will be OK provided:

1. there is a DIAC approved ASCO-ANZSCO correlation for the occupation;
2. the occupation is still on the list of occupations for the visa being applied for; and
3. the skills assessment is still valid.

I would have thought 2 and 3 were self explanatory. The correlation tables have been published on the DIAC website (and come from the relevant legislative instrument) for each of:

• General skilled migration (look at schedules 2 and 3 in that document); and
• Employer Nomination Scheme (ENS).

All that doesn't sound too bad, but I am sure there will be more teething problems.

Creative commons attribution for the photograph.

List of Lists

The legislative instruments which have enabled many of the changes to the lists of occupations for migration purposes were announced at the end of June.

Although it will be the subject of another post (or posts), 1 July 2010 also sees DIAC switching from ASCO to ANZCO. The various lists of occupations are:

1. The new skilled occupation list for general skilled migration. There are 4 schedules in this list which deal with various categories of transitional arrangements;
2. Employer Nomination Scheme (ENS) occupation list. This list also specifies base salaries and assessing authorities. This list only applies to nominations made after 1 July;
3. The 457 Occupations List (this also includes the occupational trainee occupation list). There are a number of exemptions to the english language requirement for 457 visa holders. One of these is based on salary (the base has just been raised to A$85,090), but there are others. The TSMIT (the income threshold for a 457 has also been raised - an occupation can't be nominated if the proposed pay falls below the TSMIT) has also been amended; and
4. MODL list - although this was abolished certain applicants who lodged before 8 Febraury 2010 can still rely on it.

Now I have to go and try and get my head around the ANZCO changes!

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Enquiry into the health requirement

All Australian visas are subject to a health requirement, which simply stated is that applicants will not meet the requirement if

1. they are considered to be a risk to public health or a danger to the community (usually if they have active TB); or

2. they have a disease or condition that would likely result in significant costs to the community or would prejudice access by citizens to health care and community services.Some (but not all) visas have facility for a waiver of this condition.

The health requirement is imposed on a "one fail all fail" basis, so that one family member who does not pass will result in no family members being granted a visa. There was a case which received media coverage last year of a foreign doctor whose visa was refused on the basis that he had a Downes Syndrome child.

Whether the health requirement should be relaxed and/or the circumstances in which a waiver is granted is currently the subject of a parliamentary enquiry. It is interesting to read the various submissions, but one recurring theme is that the current policy is discriminatory because it does not distinguish between a disease on one hand and a disability on the other.There was also an article about the inquiry by Natasha Bita in The Australian on 28 January 2010.

The committee's final report was released this week and is available by clicking the link to the inquiry's home page.

The MIA (in its email bulletin to members) summarised the report in the following way:

"Making 18 recommendations to Government, the Committee supports: modernised and transparent "significant cost thresholds"; a visa waiver process for "social and economic contributions" for those who fail new health requirements; a revision of the so-called "one fails, all fail" rule; a strengthening of compelling and compassionate visa waivers; and the distinguishing of disabilities from public health risks."

It will be interesting to see what changes are actually adopted.

Creative commons attribution for photograph:

http://www.flickr.com/photos/adrianclarkmbbs/ / CC BY-ND 2.0

Capping is coming

Public submissions are currently being sought on the Migration Amendment (Visa Capping) Bill 2010.

This bill is part of the package of reforms that the Australian government is currently implementing to the General Skilled Migration program. One of the problems is that various things are coming to light in a piecemeal fashion and many things seem to have (apparently unforeseen) collateral consequences. This bill would give the Minister power to cap the number of visas granted either by visa class or by other characteristic (such as occupation). In other words if the Minister decided enough visas had been granted to accountants (for example) in a given year, then no further applications from accountants would be allowed.

The draft bill is available and it has already had its first and second reading in parliament.

The bill's homepage (includes explanatory memorandum and speeches) is available by clicking here.

Watch this space as more changes come to light....makes me curious what's going to happen to the points test?!

Creative commons attribution for the photograph:
http://www.flickr.com/photos/thisisbossi/4083776490/

New Skilled Occupation List

The much awaited skilled occupation list was announced today (17 May 2010).

The following extract from the accompanying fact sheet is a fair summary in my view:

"The current SOL has more than 400 occupations. The new list of occupations, which was announced by the Minister on 17 May 2010, includes 181 occupations. The new list is available on the Department of Immigration and Citizenship’s (DIAC) website at: http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

It is intended the new list of occupations would deliver a general skilled migration (GSM) program more tightly focused on delivering high-value nation building skills. The new list is intended to align the GSM program with Australia’s overall workforce development strategy, also developed by Skills Australia. The new list is focused on targeting specialised occupations that require a long lead time of formal education and training. It includes managerial, professional, associate-professional and trade occupations. The list of occupations will be reviewed annually but it is expected that it will be relatively stable over time."

I have provided links to:

1. the SOL
2. the Factsheet
3. FAQ

Temporary Suspension of General Skilled Migration Applications

Direct (and verbatim) from the DIAC website:

The Australian Government has decided to temporarily suspend the acceptance of certain General Skilled Migration (GSM) visa applications. This temporary measure will begin on 8 May 2010 and is expected to remain in effect until the end of 30 June 2010.

The temporary suspension applies only to primary (main) applicants for the following visa subclasses:

• Subclass 175 – Skilled Independent (Migrant) visa
• Subclass 176 – Skilled Sponsored (Migrant) visa
• Subclass 475 – Skilled Regional Sponsored (Provisional) visa.

There is also a link to a Fact Sheet and FAQ.

One can only assume that the uncertainty and delay in the release of the new skilled occupation list was causing a rush of applications trying to beat the new system.

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http://www.flickr.com/photos/ktylerconk/ / CC BY 2.0

Real Estate and Temporary Residents

It was announced today (click HERE for the Assistant Treasurer's full press release) that the government has done a back flip on the policy changes that it made last year in relation to the purchase of real estate by temporary residents.

Effective immediately, there will be a tightening of policy that will require all temporary residents to be screened and approved by the Foreign Investment Review Board (FIRB).

There have been concerns that investment by foreigners and temporary residents is pushing up property prices and effectively making housing unaffordable for residents and citizens.

Some of the key changes include:

1. there will be power to compel sale of the property after the temporary resident departs Australia
2. if vacant land has been purchased then if construction is not commenced within 24 months then there will also be power for the compulsory sale
3. there will also be expanded monitoring and also a new civil penalty regime (up until now there have only been criminal sanctions). Civil penalties will include the power of compulsory divestment of property acquired in breach of the new regulations.

It will be interesting to see if this makes any difference. Surely foreign investment is only one of a number of factors driving the housing market and not the controlling factor?

Creative commons attribution for the photograph:

http://www.flickr.com/photos/nakrnsm/ / CC BY 2.0

Business Visa Changes

There are some changes to the requirements for business skills visas effective from today, most of which are designed to improve the integrity of the program.

The key changes are:

1. The current requirement is for a 10% ownership interest in a main business. This will be changed to 10% if the business is operated by a publicly listed company OR 30% if the business is not listed but has a turnover of more than A$400,000 OR 51% if the turnover is less than A$400,000
2. The threshold amount of personal and business assets that the applicant and spouse must have is increased from A$500,000 (set in March 2003) to A$800,000
3. The assets threshold amount for the state sponsored version of the visa is increasing from A$250,000 to A$500,000
   
4. The option of qualifying for a visa on the basis of being a "senior manager" in an eligible business has been removed. Senior managers will be encouraged to apply for employer nominated visas (either ENS or RSMS) or the business skills (as opposed to business owner) class
   

I take it from these amendments that too many "small business" people have been granted this visa, when the objective is obviously the establishment of bigger enterprises.

I will update the summary of information on my website as soon as I can, but the explanatory memoranda (easier to read than the actual regulation) is on the Comlaw website - click HERE.

Creative commons attribution

http://www.flickr.com/photos/drexler/ / CC BY 2.0

Asylum visa processing ceases

In a press release this morning the Minister for Immigration and Citizenship announced:

"Effective immediately, the Australian Government has today introduced a suspension of the processing of new asylum applications from Sri Lanka [for 3 months] and Afghanistan [for 6 months]".

Click HERE for the full text of the press release.

The suspension won't affect anyone who is already on Christmas Island.

There are apparently also even tougher people smuggling laws on the way:

"New laws will provide tougher penalties and introduce new offences to deter people who support, participate in or profit from people smuggling.

The Anti-People Smuggling and Other Measures Bill has been introduced into Parliament. The Government wants it passed in the week Parliament resumes in May.

The Bill includes a new offence targeting those who finance or provide support for people smuggling activities, as well as tough penalties that recognise the seriousness of people smuggling offences. The Bill:

• creates a new offence of providing material support for people smuggling with a maximum penalty of ten years imprisonment and/or a fine of $110 000
• creates a new offence of people smuggling involving exploitation or danger of death or serious harm, applying to ventures entering Australia, with a maximum penalty of twenty years imprisonment and/or a fine of $220 000
• ensures that where a person is convicted of multiple people smuggling offences, mandatory minimum penalties set out in the Migration Act are applied
• provides greater clarity and consistency by harmonising people smuggling offences in the Migration Act and the Criminal Code.

The Bill also supports the Government’s multi pronged approach in combating people smuggling by enabling the Australian Security Intelligence Organisation (ASIO) to use its intelligence and analytical capabilities in relation to people smuggling and other serious border security threats."

It remains to be seen whether all this help the problem of boats of asylum seekers arriving (almost) every day - let's hope it does.

Photograph used pursuant to creative commons licence.

High Court Case: Berenguel

I previously blogged about an interesting case about the timing of the requirement to have an acceptable level of english (usually by doing an IELTS test). DIAC would have everyone believe that regulation 1.15B which says:

(5) If a person applies for a General Skilled Migration visa, the person has vocational English if the person satisfies the Minister that the person has achieved, in a test conducted not more than 2 years before the day on which the application was lodged

means that applicants have to have the test result at the time of application. However, in the Berenguel Case (High Court of Australia 5 March 2010), it was found that:

The requirement in reg 1.15B that the requisite test has been conducted "not more than 2 years before the day on which the application was lodged" is susceptible of the construction that the test was conducted no earlier than two years before the application was lodged. So construed, it does not require that the test has to be conducted before the application is lodged. That requirement can only be imposed by some direct operation of the undefined heading "Criteria to be satisfied at time of application".

As a result an applicant who obtained his IELTS after lodgment of his application won his appeal....I can feel a legislative change in the wind to plug this "gap".

Review of the points test underway

The review of the points test for Australian general skilled migration is underway - with changes to be implemented around the middle of the year.

The departmental discussion paper is available by clicking HERE, but the executive summary of the objectives to be achieved is:

"The Government has agreed on the following important principles which should underpin a new Points Test:

• it should contribute to the selection of applicants who offer the most human capital and will therefore make the optimal contribution to Australia’s demographic and economic future;

• it should not preclude very good applicants from offshore or in Australia, including former international students;

• it should be able to operate flexibly under both current arrangements and any new arrangements for skilled migrant selection;

• it should enable applicants with high value attributes across a number of areas such as English language ability, academic qualifications and work experience, to achieve the maximum number of points; and

• it should not give undue weight to any one factor, so as to avoid distortions in the program arising from applicants seeking to meet that factor."

None of that (in my view) is controversial - the real challenge will be how it will be implemented. We continue to wait and see.

Meanwhile review of the skilled occupation list is also underway by Skills Australia.

Creative commons attribution for photograph:

http://www.flickr.com/photos/maleny_steve/ / CC BY-SA 2.0

Baird Review

The Baird Review was a review of the overseas education system commissioned by the Minister for Education. The report was released earlier this week.

Among its key recommendations are that the Education Services for Overseas Students Act (ESOS) be amended to:

1. Require providers to uphold the integrity of the student visa program and maintain appropriate support, English language entry levels and professional outcomes
2. Only allow providers to maintain registration if they meet a series of thresholds
3. Introduce financial penalties and clear standards
4. Require an independent complaints body
5. Ensure students can accurately compare potential study choices
6. Introduce financial penalties for providers whose offshore agents act unethically
7. Implement a unique identifier for each student

It is interesting to note the comments of the Minister for Immigration and Citizenship in his press release about the report:

"It is most pleasing to note Mr Baird's support for the Rudd Government's changes to the skilled migration program announced on 8 February 2010.

The skilled migration program changes will encourage overseas students to focus on obtaining a quality education from a high quality provider by removing incentives for students to apply for a course simply in the hope of being granted permanent residence."

The full report in PDF format is available by clicking HERE and you can read the Minister's press release HERE.

I am indebted to the Migration Institute of Australia for providing as a service to its members the summary of the key recommendations above.

Creative commons attribution for use of the photograph above: http://www.flickr.com/photos/carbonnyc/ / CC BY 2.0

Migration reforms announced

In a speech (and press release) on 8 February 2010 the Minister for Immigration and Citizenship,Senator Evans announced some sweeping changes to the skilled migration program:

1. All applications lodged before 1 September 2007 and not decided (about 20,000 of them) will be withdrawn and the application fee refunded. I am astounded that there are that many in the system!
2. The occupations in demand list (MODL) is immediately abolished;
3. The points test is going to be reviewed to ensure that it selects the "best and brightest". One of the problems with the current test is that it: "puts an overseas student with a short-term vocational qualification gained in Australia ahead of a Harvard-educated environmental scientist.";
4. The Minister will have the power to limit the numbers of particular occupations; and
5. State and Territory sponsored migration plans are to be refined so that states can prioritise the types of migrants that they want.

As often happens there was no (or little) notice of these changes and there will be a lot of unhappy applicants/potential applicants who had made plans based on the law as it stood on Sunday night. We will have to wait and see what happens and how the changes evolve.

Full text of the Minister's press release is available here.

See also the articles from yesterday's Sydney Morning Herald and The Australian.

Creative commons attribution for the photograph above:

http://www.flickr.com/photos/jurvetson/ / CC BY 2.0

Is the skills shortage back?

According to two reports released by Clarius (a listed recruitment services business), Australia has moved from a job slump to the brink of a skills shortage in the space of about 6 months.

This was described by Kym Quick (the chief operating officer of Clarius) in a media release published on the Clarius web site Australia rolls from jobs slump to skills crisis in the following colourful terms:

``The skilled labour shortage issue might have fallen off a cliff in March last year but it has dusted itself off in the last eight months and is now climbing back up the rock face faster than most recruitment experts would have predicted.....

Of most concern is the underlying trend back to chronic skills shortages, which is moving the fastest among the building and engineering professionals and tradespeople who are so desperately needed to fulfil the nation's infrastructure agenda.''

This is another illustration of how difficult it is to set and adjust migration policy - should we turn on the flow of skilled migrants or not?...of course it is good news for skilled migrants seeking to work in Australia.

See also the Clarius Skills Index December 2009 Quarter

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Job Ready Program - media

Since yesterday's post, I notice that issues with the job ready program are making it into the media. See the article in Adelaide Now.

Job Ready Program - update

I received an email update from the Migration Institute of Australia (www.mia.org.au) which is provided as a service to its members about some further issues which have arisen with TRA skills assessments and the job ready program.

It appears that full details are still being thrashed out, but in relation to the work experience requirement:

1. TRA will look at work experience on a flexible basis but two days per week for six months is the minimum. Work on a regular basis or in holiday periods will fulfill the requirements.
   Work as part of a course (for example, industry placement) can be counted towards the requirement, providing it is in a commercial environment.
2. Overseas work experience does not count – must be in an Australian workplace.
3. Unpaid work can be counted, providing this was legally conducted.

In other TRA related news, it appears that notwithstanding that the changes to the regulations did not prescribe the job ready program would apply to onshore ENS (employer nomination scheme) visas, it is currently being applied. DIAC are trying to sort this out - one would think it wouldn't be difficult if its simply a case of TRA imposing a non-existent requirement. Simply tell them to stop!

However, my favourite TRA news is that apparently applications are being rejected where a mobile telephone number is provided for an employer. Apparently this creates issues with verification of work experience references, even though it would be totally normal for some trade businesses not to have land line numbers at all ...hmmm.

Photograph used pursuant to creative commons licence:

http://www.flickr.com/photos/flem007_uk/ / CC BY 2.0

Job Ready Program

From 1 January 2010, overseas student graduates who wish to apply for skilled (or regional sponsored) visas and who nominate a trade occupation will be subject to compliance with a job ready program administered by Trade Recognition Australia.

Details are still emerging/developing, but getting an assessment (necessary for the permanent residence visa application) will be a four step process:

1. Apply for a provisional assessment. This will involve payment of a fee (of course), holding a valid visa, achieving 6 across the four components of an IELTS test and having relevant work experience;
2. Completion of 12 months of "job ready" employment;
3. Complete a work place skills assessment; and
4. Apply for a final assessment.

This seems to me to be quite onerous and must reflect on the variation in the quality of the various trade courses that are offered to overseas students. It's unfortunate that a regime like this is necessary at all.

In writing this post, I acknowledge the assistance I have received from material published by the MIA (www.mia.org.au) as a service to its members

Photograph used pursuant to creative commons licence with the following attribution:

http://www.flickr.com/photos/walkingsf/ / CC BY 2.0