Expected Australian Visa Regulation Changes 2010

As the dust has begun to settle from the Immigration Minister’s sweeping announcement of February 8, John Adams one of the UK's leading Australian Visa speclialists has details of the likely nature of the changes to Australia’s General Skilled Migration Program.

These changes comprise the biggest overhaul of the skilled visa regulations in the past 20 years and will affect all future skilled visa applicants once the new regulations are implemented mid-year (perhaps from July 1 but possibly later). The three major components of these upcoming regulations are:

* A new and reduced Skilled Occupation List (SOL) – the list of occupations eligible for skilled migration (this is set for public release in May and will take effect later mid-year)

* A new General Skilled Migration visa points test

* New ‘State Migration Plans’ that will provide a new prioritised state sponsorship

Skills Australia, the government body developing the new SOL, has released a catalogue of occupations on which the new SOL will be based. While the new SOL will possibly differ somewhat, this catalogue provides a strong indication of what occupations will be eligible for skilled migration in the future. Engineers, teachers, accountants, healthcare professionals (doctors, nurses, pharmacists, etc), computing professionals, a long list of trades people, as well as many other occupations are all included. This shows that while the new SOL will be smaller, skilled migration will still provide an avenue into Australia for a large number of qualified people.

As part of the regulation overhaul, the Department of Immigration and Citizenship (DIAC) is undertaking a review of the visa points test. A discussion paper arising from this review reveals the possible make-up of a new points test as well other changes. It outlines a redirection in the focus of the General Skilled Migration Program, where it will come to play a more secondary role to employer sponsored migration. While the Immigration Minister has affirmed “there will always be a place in the skilled migration program for highly skilled individuals who wish to migrate without an employer sponsor,” more migrants will become dependent on employer sponsorship.

The new points test could likely see an increase in the number of points available for long term work experience, benefitting those who have worked in their occupation for many years. Currently, there is no difference in points awarded between someone who has worked in their field for 3 or 20 years – this is expected to change. Also floated is the possible raising of the 45 year age limit, providing some hope to those between 45 and 50 who are currently ineligible.

The points allocated to specific occupations could also change, with some occupations presently relegated to 50 points due only to the fact that no specialised skills assessing authority exists – this being a requirement for a 60 point occupation. This could result in occupations such as urban planner, biochemist and actuary (which have only generalised skills assessments) seeing their points value raised. Also possible is that no points will be allocated for occupation at all, with all occupations on the SOL deemed equal. This would almost certainly require the pass marks on the visa points test to drop considerably, as occupation provides the largest number of points of any points category.

DIAC has indicated through its points test review that it is considering awarding points to those with overseas qualifications from internationally renowned educational institutions. Currently, points for qualifications are only available if the qualification was obtained while studying in Australia. As DIAC points out, this has led to perverse outcomes where for example, an environmental scientist with fifteen years experience and a PhD from Oxford University would fail the current points test, while a cook who completed a 2 year cookery course in Australia and has one year’s work experience would pass. Therefore, DIAC is considering awarding points for degree qualifications from a specific list of higher education institutions (for example those in the world’s top 200 universities as ranked). Even more points could also be available for those who have studied in Australia – particularly at its top universities.

Greater points are also being discussed for spouse skills, over and above the 5 points currently awarded. Surprisingly however, family sponsorship from a relative in Australia – which significantly lowers the points needed to qualify – may not benefit applicants to the same level in the future. State sponsorship will though almost certainly continue to feature prominently in the General Skilled Migration Program.

While few details have been released about the new State Migration Plans, their introduction provides hope for many visa applicants who are currently facing long delays in the processing of their applications. It is possible that the State Migration Plans will serve as a kind of premier state sponsorship, providing faster visa processing than the regular state sponsorship currently available. Each state and territory is now in the process of negotiating with DIAC which occupations will appear on their respective State Migration Plans, with specific details expected to be released mid-year. As a skilled visa application sponsored through a State Migration Plan will be the second highest processing priority (following employer sponsorship), applicants could conceivably receive their visas in about 6 months.

What this raft of changes demonstrates is that the Australian Government is more directly targeting its General Skilled Migration Program to accept applicants who will provide the greatest contribution to the country’s economy. With over 50,000 more people applying for skilled visas than there were visas available last financial year, demand outstrips supply. When the number of applications exceeds the number of available places, applications remain in a pipeline until a place becomes available in a subsequent year. This explains both why many applicants are currently suffering from delays and why Australia is now focussing exactly on the skills it most desperately needs. The beneficial net result of these changes will be to engineer a program where visa demand equals supply, while also allowing DIAC to process those applications currently languishing in the pipeline.

This period of upheaval in the skilled migration regulations makes it more important than ever to seek the advice of a Registered Migration Agent. Under the new regulations there will be those who benefit and those who find themselves disadvantaged. For those who will find themselves negatively affected, there may just possibly be enough time to lodge a visa application under the current regulation framework before the new rules take effect. If not, you should discuss with a Registered Migration Agent other visa options that may be available. For those who remain eligible and may even benefit under the new regulations, it would be advisable to take advantage of this situation while it exists. As the seemingly continuous stream of changes that DIAC has implemented over the past year demonstrates, if you are eligible to migrate you should apply for your visa while your eligibility is assured. By waiting unnecessarily, your migration dreams may remain just that.

John Adams is the principal Registered Migration Agent of Immigration2oz.com. He can be contacted at john@immigration2oz.com or +44 (0)1483 230 483.