Posts with tag: Points

SkillSelect – borrowing some New Zealand policy

It's always embarrassing for a government when too many migrants apply for Permanent Residence under a flawed policy especially when the architects of immigration policy only perceive the flaws after-the-fact. 

It happened in New Zealand in the 1990s when highly qualified professionals applied for Permanent Residence under the then applicable General Skills Category at a time when obtaining professional registration was not a prerequisite to obtaining Permanent Residence. As a consequence many overseas qualified doctors, lawyers, dentists, etc. obtained residence visas, migrated to New Zealand only to find out that they couldn't obtain registration from professional associations in New Zealand and as a consequence New Zealand had possibly the most well-qualified taxi drivers in the world.

The Minister of Immigration, probably after being berated by one too many taxi driver in New Zealand, put a stop to the policy but not before passing retrospective legislation to prevent those that had filed residence applications under this flawed policy from obtaining Permanent Residence.

It's never a good look for a government to pass retrospective legislation and as a consequence an immigration policy was designed whereby potential migrants could submit an "expression of interest" in which they expressed an interest in obtaining permanent residence in New Zealand and then if they met certain criteria to be announced on a fortnightly basis they would be selected, scrutinized and then invited to apply for residence. 

Appeal rights only accrue when one files the residence visa application and applicants who fail to receive an invitation to apply have no appeal rights irrespective of whether the decision to deny an invitation to apply for residence is correct or not.

Australia's embarrassing skilled migrant moment occurred much later when the Minister of Immigration decided on 8 February 2010 to "cap and cease” certain offshore general skilled migration visas that were lodged prior to 1 September 2007. Probably because one too many Cook or Hairdresser obtained permanent residence under the severely flawed Migration Occupations in (so-called ) Demand List.

Certain changes were implemented such as a skilled occupations list consisting of two schedules of occupations, one requiring state sponsorship. Other refinements such as Higher English language requirements, greater emphasis upon closely related work experience to nominated occupation for the purposes of calculation of points, family sponsorship to play a lesser role and beefed up skills assessment requirements have all stemmed the tide of those qualifying for general skilled migration visas without needing an offer of employment. 

So why the need for a New Zealand style expression of interest?

Probably because the New Zealand system [to be called SkillSelect in Australia] allows the Minister to control the numbers of applicants in specific occupations without having to “cap and cease” applicants. The Australian model will differ from the New Zealand model as it incorporates the following features not found in the New Zealand system namely:

1. State governments and Australian employers will be able to "dip" into the pool of prospective migrants who have filed Expressions Of Interest and select those that meet their requirements. Those receiving offers of employment will still have to be sponsored by Australian employers for 457 work visas.

2. Applicants will need to still need to nominate occupations and obtain skills assessments as well as sitting IELTS tests 

3. Expressions of interest are valid for a period of 2 years in Australia but only 6 months in New Zealand

4. In Australia, for the independent and family sponsored visas, the Department will publish the lowest scoring points mark that allowed an EOI to be invited for each occupation group. The New Zealand model does not distinguish between occupation groups although those with work experience and qualifications in occupations on the long term skills shortages list in New Zealand do enjoy a higher ranking of their expression of interest.

5. You will not be able to determine your ranking relative to other Expressions Of Interest in the Australian model.

6. In Australia one has to submit a visa application within 60 days after receiving an invitation to apply whereas in New Zealand one has a period of four months.

For those submitting Expressions Of Interest in the hope that employers will dip into the pool and select migrants, the system hasn't worked before when the General Skilled Migration Visas had a pool mark and pass mark system and it's unlikely to work under SkillSelect. Any employer would still have to sponsor an applicant for a 457 work visa and given this incorporates obligations on the part of the employer [amongst others] to repatriate the migrant and his family if they cannot afford return airfares I don't think that you will find too many Australian employers willing to assume this risk for migrants based overseas. Furthermore only certain aspects of an applicant's Expression of Interest will be visible to an employer such as nominated occupation and level of English language ability etc. Personal particulars including nationality will not be visible to Australian employers. 

I'd love to be able to say that one's nationality doesn't form a part of the selection criteria on the part of employers but I would suggest that this is being a bit naïve.

Changes to Australian Returning Residence Visa Policy

The only thing constant, regarding immigration policy, is change and there are several significant changes to Australian immigration policy that have recently taken place or will take place in the forthcoming months.

This blog is the first of a 3 part series of weekly updates that provide a brief overview of some of the more significant changes and they include:

1. Validity period of Resident Return Visas

2. Changes to the way in which Australia selects its skilled migrants ie those that are not dependent upon offers of employment

3. Changes to pathways available for Employer Nomination Scheme and Regionally Sponsored Migration Scheme (pathways that exist for those who do have offers of employment in Australia)

Return Resident Visas - the insurance policy just got shorter

Overseas applicants fall into two distinct groups:

1. Those wanting to leave as soon as possible (“get me the hell out of here”) and

2. Those with golden handcuffs that enjoy the material benefits of life but are not blind to problems that may occur in the medium to long term and are looking for an insurance policy.

The changes to the Return Residence Visa will not affect those in group 1 above but will impact upon those in group 2 above.

Until 15 February it was possible to obtain a five-year Residence Visa whilst abroad and then to obtain five-year Return Resident Visas (subclass 155) at five yearly intervals if one could prove substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia.

This was an attractive insurance policy for those shackled to the home country with golden handcuffs and we have processed applications for second Return Residence Visas for clients who haven't spent very much time in Australia during the preceding 10 years.

Obviously this lack of commitment to Australia has proven to be an issue for the Minister of Immigration because on 15 February applicants for Resident Return (Subclass 155) visas who have spent less than two out of five years in Australia before making their application will be granted visas valid for only one year. These applicants still have to meet the “close ties to Australia” criteria mentioned above.

I can see the logic behind the change. With more and more skilled migrants relying upon state sponsorship it doesn't make much sense if state governments audit their economies annually, produce lists of skilled occupations in demand and make sponsorship decisions based on those criteria only to find sponsored migrants making their ultimate move up to 15 years from grant of the visa.

As a consequence of this change I would suggest to those thinking "insurance" to view the insurance policy as follows:
Time to process visa + 5 years + a potential further year if "close ties" can be established.

The insurance policy mentioned above applies to independent 175 visa applicants (called independent because they are not sponsored by family members nor state governments) and 176 visas (sponsored by either family members or state governments) but not 475 temporary residence visas as they are subject to a different timeframe.

Most applicants will have to consider moving to Australia after a period of six years from date of filing their residence visas and this is still a generous timeframe especially when you consider that countries like New Zealand require applicants to make the move within 3.5 years of grant of the residence visa.

Australia still offers a generous insurance policy, it’s just not quite as generous as before.

Next week I'll be focusing on the changes to the way in which Australia selects its skilled migrants ie those that are not dependent upon offers of employment due to be implemented on one July under a policy called SkillSelect.

Forthcoming free seminars – SOUTH AFRICA

Johannesburg: 
Thursday 12 April 2012 – Michelangelo Hotel at 7pm
Consultations : 13, 14, 15, 23, 24 and 25 April in Auckland Park.

Durban: 
Monday 16 April 2012 – Endless Horizons Hotel at 7pm
Consultations : 17 and 18 April at the Endless Horizons Hotel

Cape Town: 
Thursday 19 April 2012 – Southern Sun Newlands Hotel at 7pm
Consultations : 20 and 21 April at the Commodore Hotel

To book seats for our free seminar please go to :
http://immagine-immigration.com/seminars/south-africa/

To book a consultation please email Ruth on ruth@immagine-immigration.com.  Cost applies for consultations.

Botswana
If you would be interested in meeting with Myer in Botswana in April please email Ruth to register your interest (ruth@immagine-immigration.com).

Best wishes

The IMMagine Australia Immigration Team

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...

Love and Migration

Perhaps I'm showing my age but for many of my generation the movie "Green Card" was the ultimate migration movie.

I'm sure you know the plot but if not, the character played by Gerard Depardieu wants to stay in the United States and enters into a marriage of convenience with the character played by Andy McDowell to secure a Green Card to enable him to commence a job that he's been offered. She enters into the marriage to be able to keep her apartment [which is for married couples only].

Gerard’s character has his comeuppance during his interview with Immigration and Naturalization Service when he cannot identify her brand of cold cream.

You could be forgiven for thinking that the moral of the story is if you are thinking of a partner visa to spend some time studying your partners cosmetic cabinets in more detail but the actual point is don't use fraudulent means to apply for visas. I'm sure a good migration lawyer could have secured the appropriate visa by legitimate means. Perhaps it's time that scriptwriters wrote in a storyline for a Brad Pitt type migration lawyer. Not that I have any resemblance to BP or am considering a career change.

With a more selective immigration policy and tougher student/permanent residence pathways partner visas [relationship-based visas] have never been more popular. In fact the Australian Federal Government has set aside 44,000 places [as many as the independent General Skilled Migration category] for partner visas in the recent budget announcement.

Partner visas include applicants who are engaged, formally married, in a de facto relationship [same-sex or heterosexual] with an Australian citizen or permanent resident.

The term "de facto" is unfamiliar to many of our readers but generally means a common-law marriage where the partners have been living together for 12 months or more in a genuine stable relationship which is likely to endure.

Partner visas generally fall into one of the following categories:

Prospective marriage -- also known as the fiancée visa.  This visa is for a person who is engaged but not yet married to Australian citizen or permanent resident. This is the "try before you buy" concept that allows overseas migrants to enter Australia for the purposes of marrying their Australian fiancé's. The marriage must take place within nine months.

Spouse [provisional] -- this visa is for a person who is married to, or in a de facto relationship with an Australian citizen. The visa is provisional and can lead to permanent residence, generally once the Department of Immigration and Citizenship are satisfied that the couple is living together in a genuine stable relationship after two years.

Spouse -- this is a permanent visa for a person who is married to or in a de facto relationship with an Australian citizen permanent resident.

The tighter migration laws referred to above together with the fact that the "relationship register" operated in many States in Australia [which means that de facto couples who register their relationship don't even have to live together for 12 months before they can apply] have meant that a greater degree of vigilance is required on the part of Australian citizens/permanent residents.

The following are some warning signs for the unwary Australian/permanent resident:

• Although you could have been blessed with good genes if the migrant finds you irresistible and she is half your age, beware;
• If you met on the internet on any site with the terms “Russian Brides” in the URL, beware;
• If your paramour is a student about to finish a course of study in Australia who uttered the words “oh damn” on 8 February last year (when the student policy changed), beware;
• If she suddenly decides to open a joint bank account, sign a joint lease, cancel her postal box and have all of her mail directed to your common address, suggests joint travel or any of the other evidence required to support a de facto partnership application beware, you could be set up.

Relationship visas might be seen as the ultimate "shortcut" to securing permanent residence in Australia but immigration officers are not naïve. Relationship visas have amongst the highest decline rate of all visa applications in Australia. Approximately 40% are declined and not simply because applicants neglected to check her brand of cold cream!

We ensure that our clients apply for relationship visas for the right reasons. Not for the purposes of a "quick fix" in terms of immigration policy but rather because there is a genuine desire on the part of both parties to enter into a long-term relationship with migration to Australia being a by product of the relationship.

Australia Increases Migration Quota

 

Unlike the calendar year, Australia’s immigration year runs from 1 July to 30 June.  As we fast approach the migration ‘New Years Eve’ it appears as if the Australian Government will be dispensing some new year’s cheer by increasing the migration programme by 16300 places taking total planned migration to a total of 185 000 which is consistent with net overseas migration figures for the year ending September 2010.

The majority of the new places have been allocated to the Skilled stream comprising Employer Sponsored, General Skilled Migration Visas (points tested) and Business.   With Australia’s economy expected to grow by 4% percent for the next year and unemployment rate at 5 percent and expected to fall to 4.75 percent, the increase in the immigration quota is seen as necessary to maintain Australia’s growing economy.

The strength of the Australian economy provides a special challenge for the Government in designing an immigration policy that will provide Australian employers with much needed foreign expertise, and at the same time, still remain true to the tough stance on migration adopted by Julia Gillard in her election platform. 

Clearly, Australia must develop an immigration policy aimed at delivering the skills required by Australian employers to result in greater economic performance.  There remains, however, on the part of employers and recruitment consultants, an aversion to consider migrants who don’t have Residence Visas.  One only has to look at websites such as www.seek.com.au to confirm this fact.  Therefore, most employers would rely upon migrants who qualify under General Skilled Migration programme (the points tested visas that don’t require offers of employment) to satisfy skills shortages.   This group of migrants arrive in Australia with Residence Visas in their passports and then commence their search for employment once they arrive in Australia as Permanent Residents. This is clearly the preferred model of recruitment on the part of employers and recruitment agents.

The good news is that of the 16,300 extra places 10,150 have been allocated to the Skilled Independent GSM Visa.  As the name would suggest this is a type of migrant who qualifies for Permanent Residence in Australia based on a points score without needing sponsorship by a family member or State Government. 

The bad news is that, in order to submit a Independent GSM visa you need to be on a select list of occupations namely Schedule 3 of the Skilled Occupations List.  If your occupation is not on Schedule 3 but appears on Schedule 4 of the Skilled Occupations List you need to obtain State Sponsorship if you intend submitting a General Skilled Migration Visa.  You also need to meet the pass mark.  There is a far greater number of occupations that appear on Schedule 4 but not Schedule 3 and the disappointing news is that the quota for State/Territory sponsored visas has not increased from 24,000. 

The Minister of Immigration will be announcing a new points assessment test for the General Skilled Migration Visa (including Independent and State/Territory sponsored) and it remains to be seen whether this new immigration model will give the Minister of Immigration more Professors and fewer Hairdressers which was the stated aim when a new GSM policy was announced.  We expect to receive the new policy in June, before its implementation on 1 July 2011.