The proposed new points test for would-be skilled migrants will come into effect from July 2011 if it passes through parliament.

To download the government’s release on the changes, click here.

through parliament.

The Department of Immigration has release some questions and answers about the changes to help would-be applicants understand how the new system will impact on them

Why is a new points test being introduced?

On 8 February 2010, the Australian Government announced a series of reforms to the skilled migration program, including a review of the points test. The points test review found the current points test had led to a skewing of applications toward a small number of occupations and does not always lead to outcomes that are consistent with the objectives of the skilled migration program.

How was the new points test developed?
The Department of Immigration and Citizenship consulted widely in developing the new points test. On 15 February 2010, the department released a discussion paper inviting responses from stakeholders and the general public. More than 220 responses were received from a variety of individuals and organisations including industry peak bodies, education providers, migration agents, current and former international students, prospective migrants from outside Australia and the wider Australian community. State and territory governments were also consulted on the various options under consideration.
The department also took into account research on what aspects of the skilled migration program delivered the greatest contribution to the Australian economy.

How is the new points test different from the current points test?
The new points test provides for migrants with a better balance of skills and attributes. As no one factor will guarantee migration, successful migrants will need to possess a combination of skills and experience. The changes focus on better English language skills, more extensive skilled work experience, higher level qualifications obtained in Australia and overseas and different age ranges. The new points test will continue to award points for study in Australia, regional study, community languages, partner skills and a Professional Year. Points will no longer be awarded on the basis of an applicant’s occupation, but all applicants must still nominate an occupation on the applicable Skilled Occupation List. See: www.immi.gov.au/skilled/general-skilled-migration/pdf/points-fact.pdf

Who will the new points test apply to?
It is important to note that the new points test will only apply to one component of the skilled migration program. This change will not affect every type of skilled migration visa and only applies to applicants for the following visas:
• Subclass 885 Skilled Independent
• Subclass 886 Skilled Sponsored
• Subclass 487 Skilled Regional Sponsored
• Subclass 175 Skilled Independent
• Subclass 176 Skilled Sponsored
• Subclass 475 Skilled – Regional Sponsored.

When will the new points test come into effect?
It is proposed that the new points test will apply to applications made from 1 July 2011, unless the applicant is eligible for transitional arrangements.
Transitional arrangements apply to people who, on 8 February 2010 held or had applied for a Temporary Skilled Graduate visa (subclass 485). Until the end of 2012, this group is able to apply for a permanent skilled visa under the points test in effect as at 8 February 2010.
Student visa holders who lodge an application for points tested skilled migration from 1 July 2011 will be assessed under the new points test. There are still transitional arrangements which may apply to those students affected by the reforms announced on 8 February 2010.
People who held an eligible Student visa on 8 February 2010 still have until the end of 2012 to apply for a Temporary Skilled Graduate visa (subclass 485) under the arrangements in place for that visa as at 8 February 2010.
See: www.immi.gov.au/students/_pdf/recent-changes-gsm.pdf

I am a current international student, and am not eligible for the transitional arrangements detailed above. Will the new points test affect me?
After 1 July 2011, if you are not eligible for transitional arrangements and you lodge an application for any of the visas listed above, you will need to meet the requirement of the new points test

Will the pass mark change under the new points test?
Yes. The pass mark is a tool that allows for management of the skilled migration program and is always subject to change. It is expected that the pass mark will be set at 65 points.
There will no longer be a distinction in the pass mark between independent and sponsored visas and permanent and provisional visas.

I am considering applying for a points tested visa. Should I apply now, or wait until the new points test is introduced?
The decision is one for you to make. The department recommends you carefully consider your situation to determine whether the current or the new points test would be of most benefit to you.
For example, people with higher level qualifications, English language proficiency or more extensive skilled work experience may benefit under the new points test.

I have already lodged an application for a GSM visa. Can I choose to have my application assessed under the new points test?
No. Applications lodged before 1 July 2011 will be assessed against the current points test.
If you want to have your application assessed against the new points test, you will need to lodge a new application after the new points test is introduced. It is important to note that if you choose to lodge a new application, you will be required to pay a new Visa Application Charge (VAC). You will not be able to have the VAC you paid in association with your first visa application refunded.

I will not be ready to lodge an application before 1 July 2011 and under the new points test I don’t think I will be able to meet the pass mark. What are my options?
Australia is fortunate in that there are many more people seeking migration than places available. Skilled migration to Australia is highly competitive and requirements adjust over time according to Australia’s skills needs. Not everyone will be able to meet the requirements for skilled migration.
You may want to consider your eligibility to apply for an alternative migration option, such as the Employer Nomination Scheme or Regional Sponsored Migration Scheme. Further information on these programs is available on the department’s website.
See: www.immi.gov.au/skilled/

Will there be more changes to the requirements for skilled migration?
Australia’s skilled migration program is run to benefit Australia. The program is designed to help deliver the skills the Australian economy needs. The skilled migration program must remain flexible to adjust to economic circumstances to select the best people to contribute to Australia’s future. The program will continue to change over time.
The introduction of the new points test is part of a suite of reforms announced on the 8 February 2010 aimed at delivering a skilled migration program that will select migrants with the high value, nation-building skills that are needed by the Australian economy and labour market.

Why have occupation points been removed from the new points test?
The points test review found that the current points test gives undue weight to a person’s occupation, as an applicant can claim up to half the points needed to meet the pass mark on the basis of their nominated occupation alone. The introduction of a more targeted Skilled Occupation List (SOL) means it is no longer necessary to award points on the basis of occupation, as all applicants must nominate an occupation from the new list.

Will the new points test changes apply to the threshold age requirements?
Yes. The maximum age threshold for applicants will be raised from 45 to 49. This recognises that in many professions, workers do not reach their full potential until their mid to late 40s, and that significant work experience is a key factor in determining a skilled migrant’s labour market performance.
While applicants aged 45-49 will be eligible to apply, no points will be awarded for age. This means that those applicants will have to have outstanding results in other areas in order to meet the pass mark.

Will the new points test change the allocation of points across different age brackets?

Yes. Australian Bureau of Statistics data and the department’s research indicate that highly skilled migrants who come to Australia between the ages of 25-32 add the most benefit to the Australian economy in terms of lifetime earnings.

I am over the age of 45 and wish to apply. Do I need to wait until the new points test is introduced?
Yes. The maximum age requirement will not be increased until the new points test comes into effect.

Is there a new minimum English language requirement?
For all skilled migration points tested visas the threshold English language requirement will be Competent English, which is a minimum score of 6 in each of the four components of the International English Language Testing System (IELTS) test. No points will be awarded for English language where an applicant has Competent English.

Will the new points test allow applicants to claim points for higher levels of English language proficiency?
Yes. The new points test will recognise applicants with higher levels of English language proficiency.

Will the new points test award points for both overseas and Australian work experience?
Yes. The new points test gives more recognition to applicants who have more extensive skilled work experience, either in Australia or overseas.

Will the new points test award points for experience in any skilled occupation?
No. To claim points for work experience under the new points test, the experience must be in an applicant’s nominated occupation, or a closely related occupation.

I have worked in my nominated occupation in Australia and overseas. Can I claim points for both overseas and Australian work experience?
Yes. If you are able to meet the requirements to claim points for both Australian work experience and overseas work experience under the points test then you will be recognised for both.
For example, an applicant who has worked in their nominated occupation overseas for three out of the past five years and in Australia for one in the past two years will be able to claim ten points for work experience – five points for their overseas work experience and five points for their Australian work experience. Points for skilled work experience will be awarded as follows:

Why are more points awarded for Australian work experience, compared with the same length of overseas experience?
The points test recognises the extra value Australian work experience provides in assisting migrants find skilled employment and settle easily in Australia.

Will points still be awarded under the new points test for the completion of a Professional Year?
Yes. Under the new points test, five points will be awarded to applicants who complete an approved Professional Year in their nominated occupation or a closely related skilled occupation.

Under the new points test will applicants be able to claim points for both a Professional Year and Australian work experience?
Yes. The current points test is designed so that applicants can only claim points for either Australian work experience or the completion of a Professional Year. The new points test allows an applicant to claim points for both completing a Professional Year and meeting work experience requirements. It is important to note however that work conducted as part of the Professional Year program will not be eligible for consideration as work experience.

Under the new points test will I be able to claim points for two qualifications?
No. The new points test will only allow applicants to claim points for their highest level qualification. For example, if an applicant has completed a Bachelors Degree and a PhD, they will only be able to claim points for the PhD.

To claim points for a qualification or apprenticeship obtained overseas, do I have to have the qualification recognised?
Yes. To claim points for a qualification or apprenticeship obtained overseas, it will need to be recognised as being of a standard comparable to that awarded by an Australian education institution. Further information regarding the process for having an overseas qualification or apprenticeship recognised will be made available closer to the date of implementation of the new points test.

Are there any restrictions on what Australian qualifications can be used to claim points?
Yes. To claim points for an Australian qualification, the qualification must have been undertaken while the applicant was in Australia and it must have been completed as the result of a course of study that was at least two academic years (that is, 92 weeks as registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)).

Will the new points test still allow points to be claimed for the Australian study requirement?
Yes. Applicants who have studied in Australia and who have met the Australian study requirement will be eligible for five points under the new points test.

Will applicants still be able to claim points for partner skills under the new points test?
Yes. The new points test will continue to award five points where the primary applicant’s partner satisfies the threshold criteria for GSM.
Under the new points test, to claim partner points the primary applicant’s partner will need to meet the following criteria:
• be included on the same visa application as the primary applicant
• not be an Australian permanent resident or citizen
• be less than 50 years old at the time of application
• nominate an occupation on the Skilled Occupation List, and be assessed by the relevant assessing authority as having suitable skills for the occupation
• have Competent English
• have been employed in a skilled occupation for at least 12 months in the 24 months before the application is lodged.

“Western Australia needs you”. That’s  the message for skilled Irish workers thinking of making the move down

WA Chamber of Commerce chief, James Pearson

under from the head of the Western Australia Chamber of Commerce.

James Pearson says the state needs half a million extra workers over the next decade to meet employment demands.

WA is best known for it’s mining history, but Mr. Pearson says job prospects are improving in other areas as the mining industry picks up.

“There are growing opportunities in a wide range of industries, including construction, health care, social services, education, retail and hospitality”, he says.

A strong immigration policy is the cornerstone for the Chamber’s vision for the future.

“Immigration is going to be a key part for meeting the need for labour”, says Mr. Pearson. “Our rate of national population increase is nowhere near enough to meet the number of jobs that are being created”.

But Mr. Pearson says the recent election campaign has sent out the wrong message to potential skilled immigrants, by focusing on a need for a smaller rate of population growth.

“I’m disappointed with the approach taken by both major parties on immigration. Quite frankly it flies in the face of the economic realities of Australia. I hope very much whoever takes power will have the good sense to realise what we need is more, and not less, people in this country’’.

The Chamber chief also says permanent immigration is vital to a sustainable economic future.

“No doubt we need lots of workers on short notice for planned projects, but much more than that; we need people to come and settle with their families to take up the permanent jobs being created … and to provide all the goods and services a modern economy is expected to have”.

With the economy showing no signs of immediate recovery in Ireland, a number of Gardai have already been recruited into the WA Police force. And James Pearson says WA has a lot to offer would be Irish immigrants.

“WA one of the last places in the world where there is currently huge economic opportunity, matched with a stable and welcoming western lifestyle…It’s a wonderful lifestyle where people can make a future with their families…and we have so much sunshine”, he says.

And in what is sure to be music to the ears of many unemployed Irish people, James Pearson says, “Western Australia is open for business.”

Irish people looking to live and work in Australia will be affected by significant changes to Australia’s immigration programme to be revealed today.

The number of Working Holiday Visas granted to Irish citizens more than halved in the first six months of this financial year.

The Rudd Government is reforming the permanent skilled migration program to ensure it is more responsive to the needs of industry and employers and better addresses the nation’s future skill needs.

The significant reforms from an Irish point of view are the new Skills List (SOL) which will proscribe occupations in demand and a new State an Territor sponsored-programme which will allow state governments to idntify their own skills shortages. Applicants under this scheme will get preference over indpendent skilled applicants.

According to the government, the reforms will deliver a “demand rather than a supply” driven skilled migration programme that meets the needs of the economy in sectors and regions where there are shortages of highly skilled workers, such as healthcare, engineering and mining.

The major reforms to the skilled migration program are:

20 000 would-be migrants will have their applications cancelled and receive a refund.

All offshore General Skilled Migration applications lodged before 1 September 2007 will have their applications withdrawn. These are people who applied overseas under easier standards, including lower English language skills and a less rigorous work experience requirement. It is expected about 20 000 people fall into this category. The department will refund their visa application charge at an estimated cost of $14 million. Average applications cost between $1500 and $2000 and most contain more than one person.

The list of occupations in demand will be tightened so only highly skilled migrants will be eligible to apply for independent skilled migration visas.

The wide-ranging Migration Occupations in Demand List (MODL) will be revoked immediately. The list is outdated and contains 106 occupations, many of which are less-skilled and no longer in demand. A new and more targeted Skilled Occupations List (SOL) will be developed by the independent body, Skills Australia, and reviewed annually. It will be introduced mid-year and focus on high value professions and trades. The Critical Skills List introduced at the beginning of 2009 which identified occupations in critical demand at the height of the global financial crisis will also be phased out.

The points test used to assess migrants will be reviewed to ensure it selects the best and brightest.

Potential migrants gain points based on their qualifications, skills and experience, and proficiency in English. The current points test puts an overseas student with a short-term vocational qualification gained in Australia ahead of a Harvard-educated environmental scientist. A review of the points test used to assess General Skilled Migration applicants will consider issues including whether some occupations should warrant more points than others, whether sufficient points are awarded for work experience and excellence in English, and whether there should be points for qualifications obtained from overseas universities. The review will report to Government later this year.

Certain occupations may be capped to ensure skill needs are met across the board.

Amendments to the Migration Act will be introduced this year to give the Minister the power to set the maximum number of visas that may be granted to applicants in any one occupation if need be. This will ensure that the Skilled Migration Program is not dominated by a handful of occupations.

Development of state and territory-specific migration plans.

Individual state and territory migration plans will be developed so they can prioritise skilled migrants of their own choosing. This recognises that each state and territory has different skills requirements. For example, Western Australia may have a shortage of mining engineers while Victoria may have a requirement for more architects. Under the new priority processing arrangements, migrants nominated by a state and territory government under their State Migration Plan will be processed ahead of applications for independent skilled migration.

The Minister for Immigration and Citizenship, Senator Chris Evans, said the new arrangements will give first priority to skilled migrants who have a job to go to with an Australian employer. For those who don’t have an Australian employer willing to sponsor them, the bar is being raised.

“There are plenty of occupations where there is an adequate supply of young Australians coming through our schools, TAFE colleges and universities to take up new job opportunities. They must be given the opportunity to fill these vacancies first,” Senator Evans said.

“But there are some occupations where there will be high demand for skills. Hospitals can’t go without nurses, country towns can’t do without a local GP and the resources sector increasingly needs skills.

“These latest changes will continue reforms already implemented by the government and result in a more demand-driven skilled migration program that attracts highly skilled migrants to Australia to work in areas of critical need.”

The government recognises that the changes will affect some overseas students currently in Australia intending to apply for permanent residence.

Those international students who hold a vocational, higher education or postgraduate student visa will still be able to apply for a permanent visa if their occupation is on the new Skilled Occupations List. If their occupation is not on the new SOL, they will have until 31 December 2012 to apply for a temporary skilled graduate visa on completion of their studies which will enable them to spend up to 18 months in Australia to acquire work experience and seek sponsorship from an employer.

The changes will in no way impact on international students coming to Australia to gain a legitimate qualification and then return home

Hi John, I’m off to New Zealand for a year having been in Oz on working holiday visas for two years. I worked here for a year as a nurse assistant/care orderly, similar to my work in Ireland. I asked my work agency about sponsorship. They said my job wasn’t on the skilled list so I wouldn’t qualify and only if I were to work in a rural area for years would there be a chance and doubtful even then. Should I apply for residency now or when I finish work in NZ next year?  How much does it cost and what are my chances, do I get a refund if I’m not successful, where do I find the skills lists? John H.

Dear John H

Before making any application for permanent residence you should first check the Skilled Occupations list. Find the list online at (www.immi.gov.au/allforms/pdf/1121i.pdf)

Your occupation must be on this list to apply for a skilled permanent residence visa.

You then need to be able to meet the point’s eligibility and have recent work experience to apply successfully.

See www.immi.gov.au/skilled/general-skilled-migration/175/eligibility-applicant.htm

This is a critical calculation so I’d recommend you seek a full assessment of your situation from a Registered Migration Agent before you commit your hard earned dollars on an expensive application. An agent’s assessment will advise on your chances of success and whether or not you should proceed.

Some agents will provide this first assessment free of charge; some will charge a consultation fee.

Find an agent in your area at  www.mara.com.au

The current application fee for a skilled permanent residence visa is $2,525 but allow another $500 for skills assessments. There is no refund for unsuccessful applications.

Dear John, I’m currently in Donegal and trying to locate a company willing to sponsor me. I’m a site manager with 20 years construction experience. Agency jobs advertised all say visa holders only need apply and I can’t seem to get over this hurdle. Are there any companies willing to sponsor people from Ireland? John V.

Dear John V,

There are many companies in Australia willing to sponsor people from Ireland to work here. Agencies tend to be reluctant to put forward candidates without visas due to the visa processing times and the possibility that a visa may not be granted… So approaching companies directly is usually a better strategy. You should be prepared to travel to Australia for interviews.

To be sponsored, not only do you need an eligible business sponsor, you must also have an occupation on the Skilled Occupation list or the gazetted list of occupations valid for temporary long stays visas. See www.immi.gov.au/allforms/pdf/1121i.pdf

And www.immi.gov.au/skilled/skilled-workers/sbs/457occupations.pdf

A closer look at your duties as a site manager would be needed to see if your job aligns with an occupation on these lists. Although Australia has not been badly affected by the economic downturn, the construction industry here is still somewhat slower than previous years. This may also present some challenges in finding a sponsor for construction site management.

DISCLAIMER: This Migration Column is intended to provide general information on migration issues and does not constitute legal or migration advice. While all care is taken, no responsibility is accepted by the Irish Echo or John McQuaid for the accuracy of material in the column. People seeking advice on migration law should seek advice from a registered migration agent.