elringtons’ Migration Update
Return to Migration Law
1. General Skilled Migration (“GSM”) Points Test
Various amendments to the GSM Points Test commenced on 1 July 2011. These changes have been designed to ensure that visa applicants are better selected based on their potential to contribute to the Australian economy and fill industries in need of particular skills. The amendments will therefore apply to applicants of skilled migrations visas including:
- Subclass 175/885 Skilled Independent
- Subclass 176/886 Skilled Sponsored
- Subclass 475 Regional Sponsored
- Subclass 487 Skilled Regional Sponsored
In order to be eligible for a grant of one of the above visas, a minimum of 65 points must be attained via consideration of the various criteria outlined below.
2. Age Qualifications
The age range of eligibility has been extended from 18-45 years of age to 18-less than 50 years of age. This range has been further divided into subcategories of age and points are awarded according to which sub-category age range the applicant falls within.
This point’s distribution system acknowledges time as a significant factor to an applicant’s ability to attain relevant occupational experience and expertise. Accordingly, younger applicants will receive a greater number of points whilst applicants within the range of 45-49 years will receive no points. Such applicants will however remain eligible for a grant of visa if the minimum amount of points can be achieved via satisfaction of other criteria.
3. English Language Criteria
Now, all applicants are required to possession a competent level of English (for IELTS, a band score of at least 6 on each of the four components, Speaking, Reading, Listening and Writing) yet no points will be awarded to an applicant of this skill level. Applicants will only receive points if they undertake a test which demonstrates their satisfaction of a level of proficient (a band score of at least 7 on each components) or superior (a band score of at least 8 in each components) English.
It is also notable that the test which must be undertaken to assess any level of English is now not limited to the International English Language Testing System (IELTS). Rather the Minister may specify an alternate test to be completed. Additionally for the English language requirement to be met, applicants must undertake the test prior to lodging a visa application.
Note that passport holders, permanent residents or citizens of the United State, the United Kingdom, New Zealand or the Republic of Ireland are deemed to have competent English skills and are not required to undertake a language test. However they will not obtain any points unless they proceed to undertake a test for proficient or superior language skills.
4. Credentialed Community Language
Additional points for language skills can be obtained where an applicant has an accredited qualification at para-professional level as an interpreter or translator in another language.
Note that under this system that award of points based on receiving a qualification from an educational institution where the instruction was in a language other than English no longer exists.
5. Skilled Employment
Skilled employment undertaken in Australia and/or overseas is now recognised and can be evidenced separately or collectively to gain points toward a grant of visa. Such employment must have been undertaken during the 10 year period prior to lodging a visa application and experience must be in the applicant’s nominated occupation or a closely related occupation. Points are awarded based on the duration of an applicant’s employment and thus experience, with more points awarded to applicants who have more years of employment experience. Note that the maximum amount of points to be gained is 20 regardless of experience over 10 years or where the employment was undertaken.
Such amendments recognise that applicants with extensive employment experience have more potential to perform and secure employment in the relevant Australian industry.
6. Educational Qualifications
Applicants may gain points toward their visa for the highest qualification they have attained that relates to their nominated occupation. Qualifications attained overseas will be recognised provided the qualification is assessed as being of an equivalent standard to the relevant Australian qualification.
Applicants may now also gain additional points for qualifications obtained in an occupation or field unrelated to the applicant’s nominated occupation. It is necessary for this qualification to be assessed by the Vocational Education Training and Assessment Services (“VETASSESS”) or another relevant authority such as Australian Education International (“AEI”).
7. Australian study requirement
Applicants may gain five additional points per degree, diploma and trade qualification that has been attained from an Australian educational institution to satisfy the Australian study requirement. Note the qualification must be closely related to the applicant’s nominated occupation.
8. Study in Regional Australia or Low-Population Growth Metropolitan Area
Points will be awarded to applicants who study on campus in a regional or low population growth area specified by the Minister.
9. Partner Skill Qualifications
Points may also be awarded to an applicant whether their spouse or de facto partner meets all of the following criteria:
- The applicant’s partner has been included in the same visa application as the primary applicant
- The applicant’s partner is not an Australian citizen or permanent resident
- The applicant’s partner is less than 50 years old at the time of application
- The applicant’s partner has nominated an occupation on the same skills occupation list as the primary applicant
- The applicants partner has competent English
- The applicants partner has met the Australian study requirement or has been employed in a skilled occupation for a period amounting to at least 12 months within a 24 month period prior to lodging the application.
10. State or Territory nomination and designated area sponsorship
Finally an applicants may claim an additional 5-10 points where applicants have applied for the relevant visa (State/Territory nominated – subclass 176 or 886; or designated area sponsorship – subclass 487 or 475) where an appropriate family member or state/territory government have sponsored the applicant under a state migration plan.
Note that for subclasses 176 and 886 appropriate family members may sponsor the applicant, however no points will be awarded for such sponsorship.
For more information contact:
| Carlos Turini Migration Agent (MARN 1069474) Telephone: +61 2 6206 1300 Email: cturini@elringtons.com.au Facsimilie: +61 2 6229 9233 |
Nanae Yoshiwara Migration Agent (MARN 0964316) Telephone: +61 2 6206 1300 Email: nyoshiwara@elringtons.com.au Facsimilie: +61 2 6229 9233 |
