subject: The Australian Department Of Immigration Releases New Skilled Occupation List [print this page] 17 May 2010 - New Australian Skilled Occupation List Released (SOL)
Skilled Occupation List Introduction
On 17 May 2010, the Australian Department of Immigration released the new Skilled Occupation List.
400+ occupations under which applications for independent skilled migration have previously been made have now been reduced to 181 occupations.
Applicants that do not have their occupations on this new Skilled Occupation List must investigate other sponsored alternatives to achieve permanent residence in Australia.
This is because the Skilled Occupation List does not apply to Australian visa applications lodged under subclass 457, subclass 121 / 856 or a range of RSMS visas.
However, we do not have information on what points these new occupations will attract for the purposes of applying independently to migrate to Australia. Currently we can only take indicative information from the previous Skilled Occupation List form 1121i and the points available to occupations listed with their ASCO code.
Once further information on available points is released, we will of course make this information readily available.
Subclass 457, Subclass 856/ 121 Visas are Unaffected
It is important to realize that subclass 457 temporary 4 year working visas, subclass 856 / 121 employer nominated permanent residence visas are not affected by the change in the Skilled Occupation List in any way.
Employers can still sponsor and nominate employees into all occupations that were, and are, available under the regime before the changes of 17 May 2010.
Subclass 457 occupations are set out on the subclass 457 gazette (see Federal Register of Legislative Instruments - F2009L03970, 26 October 2009, IMMI 09/125).
Employer Nominations Scheme Occupations List (ENSOL) set out the occupations under which subclass 856 / 121 applications can be made: see also form 1121i which indicates if a skilled occupation is on the ENSOL. This form can be found at www.immi.gov.au.
RSMS & State and Territory Sponsored Migration- Subclass 119, Subclass 857
These applications are not limited by the new Skilled Occupations List released on 17 May 2010.
However, it is not possible to generally and accurately advise what occupational classes will be available to applicants seeking state sponsored migration to Australia as each state is, under the proposed regime, charged to develop their own State Migration Plans.
What is clear is that the regime of independent State Migration Plans are intended to allow applicants to apply for permanent or temporary visas in a potentially wider subgroup of occupations than those listed on the new Skilled Occupation List released on 17 May 2010.
Such applications will of course require state sponsorship and / or nomination.
At the time of writing this article, sufficient information has not been released to advise accurately on particular clients chances of success if applying under this stream via an occupation on the old Skilled Occupation List.
It is important to check each Australian State Government's position as to whether they are accepting and / or processing nominations lodged either in Australia or offshore.
We are told that State / Territory Migration Plans (and the skilled occupation lists under which an applicant may apply for State / Territory Nomination) are due to be released in the second half of 2010.
These lists will prove critical for Australian visa applicants that do not have their occupation on the new Skilled Occupation list or do not have an employer willing to sponsor them for Australian permanent residence.
Available Points and the New Skilled Occupation List
The Australian Department of Immigration has not released information as to how many points are available under each occupation listed on the new Skilled Occupation List.
It has also suspended acceptance of any new offshore skilled migrant visas until the new Skilled Occupation List comes into effect on 1 July 2010.
By this time, definite information in this regards should be available
International Students in Australia
The Australian government has made transitional arrangements for international students studying in Australia on student visas.
Please note that the following occupations have been removed from the new Skilled Occupation List. Cook, chef, Hairdresser, Pre-press Graphic tradesperson among many others
Some of the retained occupations include - Accountant, Architect, Engineers, Medical Professionals, Motor Mechanic, and many building trades.
Please note however that all occupations listed above, and those on the old skilled occupation list (form 1121i.pdf found at www.immi.gov.au via the search function), are still available to applicants who have an employer willing to sponsor them under the Employer Nomination Scheme (ENS) Visa pathway
Transitional Arrangements for Recent Graduate International Students in Australia
The new SOL does not apply to GSM applicants who, on 8 February 2010:
"Held a Subclass 485 (skilled graduate) visa or had a pending subclass 485 visa application; and who
"Apply for a permanent or provisional onshore GSM visa by 31 December 2012;
"At the date of the announcement (17 May 2010) had a pending GSM visa application.
Transitional Arrangements for Current Australian International Student Visa Holders
The following arrangements apply to international students holding an Australian student visas on 8 February 2010 including -
"Subclass 572 (vocational education and training sector),
"Subclass 573 (higher education sector); or
"Subclass 574 (postgraduate research sector) student visa.
These students can apply for a subclass 485 (skilled graduate) visa using the old pre-17 May 2010 Skilled Occupation List (SOL), and the occupations listed therein, as long as they lodge their subclass 485 application by 31 December 2012.
The Australian Department of Immigration's policy is that this will allow students to gain valuable post-qualification work experience in Australia which may allow them to gain the support of an employer in Australia and apply for permanent residence under an available ENS or State / Territory nominated pathway.
Options for applying for permanent residence are far more limited and advice should be taken by students on a case by case base to determine if their personal circumstances permit an Australian permanent residence visa application.
New Skilled Occupation List Conclusions
The recent changes confirm that the current Australian laboryoga teacher training courses nepalyoga teacher training courses nepal government is driving immigration towards employer sponsored migration while allowing for skilled independent migration in areas of critical need or high skill and specialization.
While some certainty is now enjoyed in understanding the future of Australian immigration law and policy, further law and policy changes expected later this year will make clear potential Australian permanent residence strategies for people wishing to migrate to Australian.
Given that if a visa application that lodged with the Australian Department of Immigration and Citizenship fails to satisfy any single criteria set by Australian immigration law for the grant of that visa, then the application is bound to fail and will be refused.
Therefore, it is important to have accurate and up-to-date legal advice and a qualified assessment from an Australian Immigration lawyer and assistance in preparing your permanent residence visa application because quite simply, your future is riding on it!
