Introduction of a new Skilled Occupation List (SOL) May 2010

Transcription

1 Introduction of a new Skilled Occupation List (SOL) May 2010

2 Introduction of the new SOL Introduction of the new Skilled Occupation List (SOL) On 17 May 2010, the Minister announced the list of occupations intended to be included in the new SOL. The list, which is based upon advice provided by Skills Australia, is now published on the department s website. The Minister will be recommending that the Governor-General in Council make amendments to the Migration Regulations 1994 to give effect to the framework in which the new list would be applied. This framework includes transitional arrangements. It is intended that the list will form a new SOL which is expected to commence on 1 July 2010.

3 What are the features of the new list? The new list is a smaller, more targeted, list of priority occupations required to meet Australia s medium to long-term skill needs. It contains 181 occupations compared to the 400 that are currently on the SOL. It is focussed mainly on specialised, high-value occupations that require a long lead time of formal education and training. It will be reviewed annually and will deliver a mix of skills across the professions and trades in areas such as healthcare, engineering and mining. The research methodology used by Skills Australia is available on the Skills Australia website:

4 Proposed transitional arrangements The new SOL will apply to: It is intended that the new SOL will apply to all new applications lodged on or after the intended date of implementation, that is from 1 July However, subject to the Governor-General in Council agreeing to amendments to the Migration Regulations 1994, it is proposed that generous transitional arrangements would apply for those who at 8 February 2010: held a Subclass 485 Skilled-Graduate (temporary) visa or had a pending Subclass 485 visa application and are yet to apply for a permanent or provisional onshore GSM visa; or had a pending GSM visa application. These people would be able to use the current SOL, including some 400 occupations when they apply for a provisional or permanent GSM visa before 31 December 2012.

5 Proposed transitional arrangements In addition, it is also intended that the introduction of the new SOL will not affect applicants who on 8 February 2010 held one of the following students visas: Subclass 572 Vocational Education and Training Sector Visa Subclass 573 Higher Education Sector Visa Subclass Postgraduate Research Sector Visa when they apply for a Subclass 485 (Skilled Graduate) visa before 31 December However, if overseas students who held one of the above students visas on 8 February 2010 wish to apply for a permanent or provisional GSM visa after the introduction of the new SOL, they must nominate an occupation on the new SOL.

6 Who is affected? Groups affected the changes Revocation of the MODL from 8 Feb 2010 Introduction of new SOL from 1 July 2010 (Transitional provisions subject to approval of the Governor-General in Council) Applicants who applied for GSM before 8 February 2010 Subclass 485 visa applicants and holders as at 8 Feb 2010, yet to apply for permanent or provisional GSM International students who held a Higher Education, Postgraduate Education or VET sector student visa on 8 Feb 2010 International students who held a bridging visa on 8 Feb 2010 No No, provided they apply for a permanent or provisional GSM visa before 31 December 2010 No No, provided they apply for a permanent or provisional GSM visa before 31 December 2010 Yes Yes, except for Subclass 485 applications made before 31 December 2012 Yes Yes All other future GSM applicants Yes Yes

7 International Students & their options I am an overseas student interested in applying for GSM. My occupation is on the new list. How am I affected by these changes? If your nominated occupation is on the new list, you will be able to apply for a GSM visa, provided that you also meet all the other criteria applicable at the time you apply.

8 International Students & their options I am an overseas student interested in applying for GSM. My occupation is not on the new list. Can I still apply for GSM? If on 8 February 2010 you held a Subclass 572 (Vocational Education and Training Sector), a Subclass 573 (Higher Education Sector) or Subclass 574 (Postgraduate Research Sector) Student visa, it is intended that the new list of occupations will not apply to you when you apply for a Subclass 485 (Skilled Graduate) visa before 31 December To apply for a permanent or provisional GSM visa after the introduction of the new SOL, you will need to nominate an occupation on the new SOL. If your occupation is not on the new list, you may wish to investigate your eligibility for a Subclass 457 (Business Long Stay) visa or nomination by a State/Territory government if your occupation is on their State Migration Plan.

9 International Students & their options I am an overseas student interested in applying for GSM. On 8 February I was on a Bridging visa, waiting for a decision on my student visa applications. How do the changes affect me? If on 8 February 2010 you held a Bridging visa you are not eligible to access any of the proposed transitional arrangements. To apply for a permanent or provisional GSM visa after the introduction of the new SOL, you will need to nominate an occupation on the new SOL. If your occupation is not on the new list, you may wish to investigate your eligibility for a Subclass 457 (Business Long Stay) visa or nomination by a State/Territory government if your occupation is on their State Migration Plan.

10 International Students & their options I am an overseas student interested in applying for GSM. I was granted my Student visa after 8 February 2010 How do the changes affect me? If you were granted a Student visa after 8 February 2010 you are not eligible to access any of the proposed transitional arrangements. To apply for a permanent or provisional GSM visa after the introduction of the new SOL, you will need to nominate an occupation on the new SOL. If your occupation is not on the new list, you may wish to investigate your eligibility for a Subclass 457 (Business Long Stay) visa or nomination by a State/Territory government if your occupation is on their State Migration Plan.

11 International Students & their options I am an overseas student interested in applying for GSM. I was granted my Student visa after 8 February 2010 and the course I am studying will not qualify me for an occupation on the SOL. Can I change my course of study? It is possible for you to change your course of study, buy you should seek a letter of release from your education provider if you wish to study at a new institution. Education providers cannot enrol a student who has not completed 6 months of their principle course of study. You must remember that the new SOL will be reviewed and updated annually. There is no guarantee that the course you change to will qualify you for an occupation that is on the SOL which is in effect at the time you complete your studies.

12 International Students & their options I was on a Subclass 485 (Skilled Graduate) visa on 8 February. How am I affected by the change? If on 8 February 2010 you held a Subclass 485 (Skilled Graduate) visa or had a Subclass 485 application pending, it is intended that the new SOL will not apply to you when you apply for a permanent or provisional GSM visa before 31 December 2012.

13 International Students & their options The Subclass 485 (Skilled Graduate) visa as a transitional arrangement. It is intended that international students who on 8 February 2010 held a Subclass (Vocational Education and Training Sector), Subclass 573 (Higher Education Sector) or Subclass 574 (Postgraduate Research Sector) student visa will not be required to nominate an occupation on the new SOL when they apply for a Subclass 485 before 31 December The Subclass 485 is a temporary visa which allows holders to live and work in Australia for 18 months. This visa gives holder the opportunity to gain valuable work experience, improve their English language skills or find an employer willing to sponsor them for permanent residence.

14 Alternative pathways to migration People who are no longer eligible for GSM may wish to consider their eligibility for alternative pathways to migration, such as; Finding an employer to sponsor them for a temporary or permanent visa under the Employer Nomination Scheme (ENS). Further information on ENS is available at The Regional Skilled Migration Scheme (RSMS). Further information on RSMS is available at Seeking nomination by a State or Territory, if their nominated occupation is on a State or Territory s State Migration Plan (State and Territory Migration Plans are expected to be implemented in mid 2010).

15 Further information on the new SOL More information on the list of occupations intended to be on the new Skilled Occupation List, and the transition to a new SOL, is available on the Department of Immigration and Citizenship s website at: The Department is also operating a phone line dedicated to responding to enquiries on the new list of occupations. The contact number is