On 8 February 2010 significant changes to the general skilled migration visa program were announced by the Minister for Immigration and Citizenship.
This e-mail is not meant to summarize all of the changes, but is meant to highlight the most significant ones that may affect those who have not yet filed a residence visa application. Individual clients of IMMagine Australia will be contacted shortly if the changes impact upon their particular circumstances.
Main changes announced
1. Abolition of the Migration Occupations in Demand List (MODL) effective from 8 February 2010. This will not affect residence visa applications that have been lodged and are awaiting a decision.
2. Introduction of a new Skilled Occupations List. It is expected that the new Skilled Occupations List will be announced by 30 April 2010 and will take effect from mid-2010.
3. A review of the general skilled migration points test to be undertaken in the first half of 2010.
Impact of the changes
1. Revocation of the Migration Occupations in Demand List
Those intending to claim 15 points for one year in the last four years in an occupation on the MODL will no longer be able to claim these points if their residence visa has not yet been lodged. It might nevertheless still be possible to obtain state sponsorship for an occupation that was previously included on the MODL but appears on one of the occupations in demand by a state government or territory. We expect more applicants will be approaching state sponsors for sponsorship to try and compensate for the lack of MODL points.
2. Introduction of new Skilled Occupations List
The new Skills Occupations List will have a "more targeted list of occupations to better meet the medium and long-term future skill needs of the Australian economy". It is meant to have more focus on high-value skills across the professions and trades. Read into this if you will, a shorter Skilled Occupations List than the present list. We believe that the new Skilled Occupations List will be a de facto Migration Occupations in Demand List. There are occupations on the present list that will be excluded from the future list.
3. Review of the points test
It's difficult to speculate about potential changes that may occur to the manner in which points are calculated for a general skilled migration visa as the announcement relates to a review to be undertaken in the first half of 2010; but our advice to those whose occupations are on the present Skilled Occupations List, and do score sufficient points, is not to delay. There is a reasonable amount of work to be done before a general skilled migration visa can be lodged, such as an application for a skills assessment and English language tests. It can take several months to have a skills assessment and sit the English test, and the introduction of the new Skilled Occupations List towards the middle of the year doesn't leave very much time.
Biggest losers
The most severely affected by the changes are students in Australia who had planned on obtaining qualifications in Australia that are on the now obsolete MODL, with a view to obtaining residence visa in Australia. The Department has stated that international students should not make educational choices purely on the basis of hoping to achieve a particular migration outcome. While many overseas students make a decision to apply for permanent residence upon completing their studies, this is an entirely separate process and there is no guarantee that on the basis of having held a student visa, a person will meet the requirements to be granted permanent residence. In reality however, part of the attraction of studying in Australia is the opportunity to obtain a residence visa and it is expected that these changes will have severe ramifications for Australia's lucrative student program.
Biggest winners
Those highly skilled individuals abroad, that previously would not have scored sufficient points, if their occupations did not appear on the now obsolete MODL. The example is given of someone with a doctorate in environmental science from Harvard University working as an environmental scientist.
Those that need to act quickly
Anyone who currently scores sufficient points, for any of the general skilled migration visa classes, and who has an occupation on the present Skilled Occupations List.
Like every change in immigration policy, there are invariably some winners and some losers. Windows of opportunity in immigration policy open and close indiscriminately and timing is everything. We are operating in a world that is post global financial crisis and one cannot help but feel that the changes announced to immigration policy reflect this fact. Australia does not wish to send a message to the rest of the world that it is "closing its doors" to skilled migration, however, there will be a more targeted approach to finding those skills that best meet the needs of the Australian economy. The prioritisation program [not discussed above] that will determine the speed with which an application is processed, is a mechanism that will provide a queue of migrants who can be released into the Australian economy, as the economy recovers and there is a growing need for skills shortages.
Please contact us if you have any questions or would like us to check your current eligibility for a skilled visa.
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