Posts in category: Australian Points Test

Details of New Points Test Announced

 

The long awaited new points test to be implemented on 1 July of this year [and announced by the Minister of Immigration in November 2010] was released yesterday and whilst substantially similar to the draft version released in November of last year, contains a number of important differences.

Whilst the actual legislation, Migration Amendment Regulations 2011 (No. 3) - Select Legislative Instrument 2011 No 74 [F2011L00966] has been published the detail relating to the interpretation of the legislation hasn't yet been published in policy as yet.

We will update you as more is known about the interpretation of the legislation. In the meantime we have copied the new points test to apply to all points tested general skilled migration visas filed on or after 1 July 2011 below. Applications filed prior to this date will be governed by the previous legislation relating to the points test.

I have also provided commentary in the paragraphs below the points table and provided information relating to other matters of interest to general skilled migration visas such as the release of a new skilled occupations list [13 occupations added and 4 removed].

It doesn't pretend to be a definitive explanation of the new points test but it does provide some long-awaited answers and in turn raises more questions regarding interpretation of the policy. I am expecting more detail to be released regarding the interpretation before my next round of seminars in Singapore and South Africa details of which appear toward the bottom of this e mail.

For those in Malaysia and Mauritius, we haven't forgotten about you but my energy levels don't extend to doing a 5 seminar trip. Details relating to my forthcoming trip appear towards the end of this e-mail.

For anyone who wants an assessment of their chances who cannot meet with me in July in Singapore, Johannesburg , Durban or Cape Town they do have the option of ordering an Internet assessment report and subsequent Skype consultation to clarify questions at a very modest fee of 150 Australian dollars. 

Happy reading. 

Summary of New Points Test

..........table goes here.

Notable features about the new points test:

Pass Mark

The pass mark for all points tested general skilled migration visas is a uniform 65 points. This is the score that must be obtained by the primary applicant. No longer will a distinction be made between the pass mark required for different types of points tested general skilled migration visas such as family, state-sponsored and independent subclasses. All primary applicants must meet a pass mark of 65 points perspective of which points tested GSM visa they are applying for.

Points are no longer to be awarded for specific occupations. Under the current points test a distinction was made between 60, 50 and 40 point occupations. Primary applicants must however still nominate an occupation on the skilled occupations list and obtain a positive skills assessment as a basic lodgement requirement.

Age limit

It has been increased to 49 years of age however no points will be obtained for applicants aged 45 -- 49.

English language

English language ability is to play a greater role in the selection of GSM applicants. Primary applicants must have at least competent English language ability [a minimum score of 6 on each of the 4 components of the IELTS test] but this English language level will not attract any points. To score points applicants must either have proficient [worth 10 points] or superior English language [worth 20 points] namely 7 in each of the 4 components of the IELTS test [proficient] or 8 in each of the 4 components of the IELTS test [superior].

Skilled employment

Work experience must be in applicant’s nominated occupation or closely related occupation. The term "closely related occupation" is to be interpreted quite narrowly.

Furthermore only post qualification work experience will be considered. This prejudices those people that acquired their qualifications through part-time study.

Qualifications

Points can only be awarded for the highest qualification obtained. The qualification doesn’t need to be relevant to the nominated occupation.

We don't know as yet how applicants who obtained their expertise in their nominated occupations through work experience and not academic study will be treated. If one has "attained a qualification or award recognized by the relevant assessing Authority for the applicants nominated skilled occupation as being suitable for the occupation" they will earn 10 points. No indication has been given to the duration of study required.

At a recent seminar presented by the Department of Immigration and Citizenship we were advised that applicants who obtained Australian trade qualifications [Australian Qualification Framework Certificate 3] through recognition of prior learning would still be eligible for points but this doesn't answer how applicants who previously could obtain a positive skills assessments for occupations in information computer technology [ICT] will be treated. Will a qualification that took one day to obtain in combination with several years of work experience to obtain a positive skills assessment entitle an applicant to any points?

Points for community language

One can still acquire 5 points for proficiency in a community language however one can no longer acquire points purely because one has completed an academic qualification at degree level in the community language. One is now required to be a NAATI approved translator in that language. Unfortunately Afrikaans is not NAATI approved.

Partner’s qualifications

Partners can still contribute 5 points to primary applicants but they need to be in an occupation on the same skilled list as the primary applicant. They also need to meet other basic lodgement requirements such as age, recent work experience, English language ability etc.

State or territory nomination

Worth 5 points if one applies for a 176 visa and 10 points if you apply for a regionally sponsored visa such as a 475 or 487.

Sponsorship by family members

Worth up to 10 points if the family sponsor is living in a designated area [regional Australia] and the applicant applies for a provisional 475 or 487 visa but not a 176 visa. Essentially this means that family members living in metropolitan areas of Perth, Sydney, Brisbane, Gold Coast, Sydney, Newcastle and Wollongong can no longer sponsor family members and contribute points.

Interestingly enough we have been told that Melbourne retains its status as a designated area for the purposes of sponsorship so those of you who have family members who had the foresight to immigrate to Melbourne [where I live] will benefit. Good on them for choosing Melbourne. 

Skilled occupations list

I'm sure that many people will not realize that a distinction is still be made between the skilled occupations list and schedule 4. If you have an occupation on the skilled occupations list [schedule 3] then you don't necessarily need state sponsorship but if your occupation does not appear on schedule 3 [the skilled occupations list] and appears on schedule 4 then you need to obtain state sponsorship irrespective of the number of points that you obtain.

New skilled occupations list

The following occupations have been added to the skilled occupations list [schedule 3]

Medical Physicist 

Environmental Health Officer

Occupational Health and Safety Adviser 

Hospital Pharmacists

Retail Pharmacists

Barrister 

Solicitor

Fitter (General)

Fitter and Turner

Fitter-Welder

Metal Machinist (First Class)

Boat builder and Repairer

Shipwright

And the following occupations have been removed from the SOL:

Optometrist [251411]

Orthoptist [251412]

Panel Beater [324111]

Vehicle Painter [324311]

Till next time...