Skilled Occupation List Updates
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1. Updated Skilled Occupation List
The Skilled Occupation List (‘SOL’) identifies occupations which are eligible for independent or unsponsored skilled migration visa applications. This list is updated annually and occupations will be added or removed based on assessments of Australia’s economic conditions and sought after skills. Major amendments to the SOL were made initially on 1 July 2010. However from 1 July 2011 the SOL was again updated with 13 new occupations being added and 4 occupations removed.
Such amendments to the SOL are applicable to all new independent or unsponsored skilled migration applications lodged on or after the commencement date unless the applications are exempt as applicants eligible for transitional arrangements.
Additions
| These occupations will be added to the SOL. 234914 | Medical Physicist |
| 251311 | Environmental Health Officer |
| 251312 | Occupational Health and Safety Adviser |
| 251511 | Hospital Pharmacists |
| 251513 | Retail Pharmacists |
| 271111 | Barrister |
| 271311 | Solicitor |
| 323211 | Fitter (General) |
| 323212 | Fitter and Turner |
| 323213 | Fitter-Welder |
| 323214 | Metal Machinist (First Class) |
| 399111 | Boat Builder and Repairer |
| 399112 | Shipwright |
Removals
| These occupations will be removed from the SOL. 251411 |
Optometrist |
| 251412 | Orthoptist |
| 324111 | Panel Beater |
| 324311 | Vehicle Painter |
Source: Department of Immigration – Annual Update of Skilled Occupation List (SOL)
2. Applications Eligible for Transitional Arrangements
The transitional arrangement regime ultimately allows current or former student visa holders additional yet limited time to investigate further visa options before the new amendments are wholly enforced. Additionally the regime allows occupations that have otherwise been removed from the SOL to remain available to such applicants for a limited period.
Transitional arrangements are applicable to persons who held or had applied for a subclass 485 (Skilled Graduate) visas on or before 8 February 2010 and will apply only until 31 December 2012. For such visa holders or applicants, the effective points test as at 8 February 2010 may be applicable depending on which SOL the relevant nominated occupation appears on.
If an applicant’s nominated skilled occupation only appears on the SOL effective on 8 February 2010 then that is the point’s test in which the application will be assessed against. Similarly if an applicant’s nominated skilled occupation only appears on the SOL effective at the time of application, then that is the test which the application will be assessed against.
If however, an applicant’s nominated skilled occupation appears on both the SOL effective on 8 February 2010 and the SOL on the date of application, the application will first be assessed against the points test in effect on 8 February 2010. However if the application does not satisfy this test, the application will then be reconsidered against the points test effective at the time the application is made.
3. Reforms of the General Skilled Migration (“GSM”) Program
The Australian Government has proposed reform to the current GSM program. The focus of the reform is on replacing GSM with an independent skilled migration program. The new system intends to abolish the current massive backlog of applications and streamline migration selection to ensure all skills required for efficient occupational fields and industries are obtained and prevent grants of visas being dominated by a narrow range of occupations.
Under the new system, all persons wishing to obtain an Australian visa must submit an online expression of interest (“EOI”) to DIAC (“The Department of Immigration and Citizenship”). Note that under this system the distinction between onshore or offshore EOI will cease. Submitted EOI will form a database in which applicants can update their details for up to two years, after which the EOI will expire. Applicants will be required to submit a new EOI if they wish to continue being considered for a visa. At this submission stage, as a submission of EOI is not a visa application, no bridging visa is granted for the persons lodging EOI onshore.
From this database, applicants will be selected for invitation to apply for an independent or family sponsored skilled visa. The selection process is based on an applicant’s Points Test score as well as the date of submission of their EOI (where EOI’s have the same score). Additionally applicants are chosen according to the occupation group they fall within and the demand for that particular occupation as assessed by DIAC. For example, if DIAC has determined that Australia requires 50 architects for the period of 2013-2014, the top 50 ranked applicants will be invited to apply for a visa.
The DIAC is proposing to commence this new system from 1 July 2012, the first round of invitations is then expected to occur in January 2013. Therefore, it is expected that there will be no GSM visa application can be lodged during this half year period (from 1 July 2012 to January 2013) unless the application is subject to transitional arrangement.
Since the Points Test is relevant to receiving an invitation, information that must be included in an EOI consists of an applicant’s full name, address, age, occupation, skills assessment, years of work experience, educational qualifications, level of English skills and the type of visa the applicant intends to apply for.
It is important to note that information provided in an EOI must be representative of the applicant’s skills and qualifications at the time of submitting the EOI.
DIAC will publish the lowest score of a successful EOI for each round of invitations, to provide current and potential applicants with an indication of the standard required to be selected for invitation.
Within two months of receiving an invitation, applicants must lodge their application with DIAC which will then be processed as a normal visa application.
This database of EOI’s will also be used by government delegates and prospective employers to search for appropriate applicants who have submitted an EOI in state sponsored regional provisional visas or employer sponsored visas. Note that such people can invite an applicant to apply for a visa irrespective of whether their Points Test score ranks within the top specified amount of applicants for that particular occupation.
Whilst there are still some minor details of the new system that are yet to be finalised, for example, how long an English language assessment or skills assessment will last, the new system is set to commence on 1 July 2012.
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 |
