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.

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.

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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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.

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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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.

Creative commons attribution for the photograph:

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

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

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.

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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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Processing Priority

The Migration Act allows the Minister to set the priority in which GSM (general skilled migration) visa applications are to be processed. On 23 September 2009, a new ministerial direction came into effect and the following applications are subject to priority processing:

1. employer nominated visa applications
2. regional sponsored visa applications
3. applications where the nominated occupation is on the "critical skills shortage list" (there are a couple of subcategories here, depending on whether it is sponsored or not);
4. MODL applications; and
5. the rest.

So what happens if you are not eligible for priority processing - it appears the answer is you lodge your application now and wait "about 3 years"! - see the following extract from the priority processing direction:

"Q11 My application does not fall into one of the priority categories. When can I expect to have my application finalised? If your nominated occupation is not on the CSL and you have applied for an offshore GSM visa or intend to apply for an offshore GSM before the end of 2009, it is unlikely that your visa will be finalised before the end of 2012. If your nominated occupation is not on the CSL and you applied for an onshore GSM visa or intend to apply for an onshore GSM before the end of 2009, it is unlikely that your visa will be finalised before the end of 2011."

Photo used under creative commons licence:

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

Which outcome? - education or migration

Since my last post about the adverse publicity received by migration professionals, I've been doing some more thinking about the problems faced by overseas students in Australia.

There are some clearly dishonest/disreputable practices going on. There are the "dodgy" colleges or course providers who are under resourced or over crowded can't deliver on what they promise. There are also the people perpetrating fraudulent english test results or fabricating job references. These people are ripping off foreigners and locals alike and should be prosecuted to the full extent that the law allows.

However, has government policy inadvertently created this problem? Many people choose to advance their education by studying overseas (if only I had the time or the resources to go to Oxford or Cambridge for a year) and then return to their own country with newly acquired knowledge and experience. Isn't the problem that the emphasis has shifted from achieving an education outcome to achieving a migration outcome. The introduction of the graduate student visa and the presence of trade occupations such as cook and hairdresser on the occupation in demand list, has encouraged the establishment of bad courses and colleges who have sold their wares on the expectation that if you do our course, you will be eligible for permanent residence.

This advertising has been very effective and many foreign students now have the expectation that they will be able to stay in Australia i.e. their study is a gateway to a whole new life, not just an opportunity to learn new things and go back to their home country to practise them! The balance has tipped in favour of the migration outcome rather than the education outcome.

Although it's true that it probably wasn't foreseeable that the unscrupulous would see it as a business opportunity, perhaps the introduction of the onshore graduate visa wasn't a great idea after all? Of course the flipside to that argument is that potential permanent residence is big incentive for some students to invest in their education in Australia. Unfortunately like all investments, there are good ones and not so good ones.

Worker Protection Legislation

The Migration Legislation (Worker Protection) Act 2008 was proclaimed this week to commence on 14 September 2009.

The purpose of the Act is to preserve the integrity of the local labour market and to ensure that the working conditions of foreign workers (mostly 457 visa holders) meet Australian standards.

There are four broad categories of changes:

1. the sponsorship undertakings will now be legislated (rather than being a promissory undertaking). This means that the undertakings can be changed by amendment;
   
2. there will be tougher sanctions, including civil penalty provisions for non-compliance with the undertakings. These powers will include powers of a Court to order repayment of debts owing to visa holders (currently recourse is through employment laws). The objective is to provide more meaningful penalties for non-compliance;
   
3. there will be greater sharing of information about visa holders between government departments and agencies; and
4. there will be a monitoring regime to promote compliance with sponsorship obligations which provides for the appointment of inspectors with powers to enter premises and require documents or things in relation to a sponsor’s compliance with the sponsorship obligations and other requirements.

These changes won't affect the great number of honest employers who already meet their obligations, but it may help to clamp down on the small rogue element that is always present.

ASCO to ANZCO Change over

Last week migration professionals were invited to a joint presentation by the Australian Bureau of Statistics (ABS) and DIAC in Canberra to hear about changes between ANZSCO and its predecessor the Australian Standard Classification of Occupations (ASCO).

There are a number of key differences between the two:

1. ANZSCO’s major groups are based on skill level and skill specialisation;
2. There are new and merged occupations, including an expanded range of ICT, health, agricultural, sport and recreation occupations; and
   
3. Unlike ASCO, ANZSCO will not have tasks or duties defined for each occupation.

With DIAC planning to implement ANZCO in early 2010 there are bound to be a few teething problems including the drafting of new occupation lists, a dictionary of duties and some method of comparison between old and new occupations. This is not to mention the implications that lie in waiting for the various assessing authorities.

We will have to wait to see what transitional arrangements are put in place and hope that the change over is well managed. You can read more about ANZCO on the ABS website.

I am indebted to the Migration Institute of Australia (www.mia.org.au) for compiling a list of these changes as a resource to members.

Another 457 Change

Effective from 15 May 2009 the 457 visa is no longer available to applicants with occupations that fall within ASCO 5-7. In plain terms, this means that the skills threshold has been raised. It used to be possible for employers who wanted to sponsor workers in these categories to do so provided they had approval of a regional certifying body (ie there was a concession where the employee was to work in a regional area). Now the only way to achieve this outcome is to negotiate a labour agreement with the Commonwealth. Click here for more details.

This change comes hot on the heels of the increase in the English threshold and is designed to protect local employment. It also means that employers with large infrastructure projects outside of the metropolitan areas are going to have to have a labour agreement before they can get lesser skilled workers on their construction sites. I appreciate there is a difference between a labour shortage and a skills shortage, but this change doesn't recognise that there may be both in remote areas.