1st September 2007 Major Reforms to General Skilled Migration
Registered Migration Agents were invited to an information forum to hear first hand the major changes which would take effect on 1st September 2007. The forum was held on 6th June 2007 and it was presided by Peter Spelderwinde and Miranda Lauman from DIAC Skilled Migration section in Canberra.
Details of these changes were published in the April 2007 issue of PT. We are reprinting the article due to numerous calls received from readers.
Changes to English Language Threshold and How Points Are Allocated – Starting 1st September 2007, applicants for skilled migration would be required to have competent English, and the minimum score would be 6.0 on each of the 4 components of the IELTS test.
The following are exempted from the increased English language threshold:
- Applicants who have nominated trade occupations would meet the English language threshold if they have the equivalent of vocational English, and the minimum score would be 5.0 on each of the 4 components of the IELTS test
- Applicants who would apply for the Skilled Regional Sponsored Visas would meet the English language threshold if they have:
- Competent English, and the average band score of IELTS 5.5 , or
- Vocational English, and the minimum score would be 5.0 on each of the 4 components of the IELTS test, if they nominated trade occupations
- Applicants who would apply for the Skilled Regional Provisional Visa (subclasses 475 or 487), and who would nominate to pay a fee to attend English language tuition in a participating State or Territory
The great news is that applicants who can demonstrate proficient English (a score of at least 7.0 on each of the 4 components of the IELTS test), would be to claim 25 points. Under the current regulations, applicants can only claim a maximum of 20 points for English language ability.
For applicants coming from countries where English is the first language, such as the USA, Canada, UK and Ireland, the following rule would apply effective 1st September 2007:
- They can claim 15 points without taking the IELTS test
- If they wish to take the IELTS test and they attain Proficient English (a score of at least 7.0 on each of the 4 components of the IELTS test), they can claim 25 points
Recent Work Experience – Effective 1st September 2007, ALL applicants lodging offshore visa applications would be required to demonstrate that they have been in paid employment for at least 12 months of the 2 years immediately before lodging the application. This rule would apply to all offshore visa subclasses.
Limit points for MODL to applicants with Work Experience – Effective 1st September 2007, applicants can only claim extra points for MODL if they can provide evidence that they have worked in that occupation (or a closely related occupation) for a total of 12 months in the 4 years immediately before lodging the application. Applicants would still be required, per the current regulations, to obtain a skills assessment in an occupation that is on the MODL.
Overseas Students – Effective 1st September 2007, overseas students who are not ready to lodge an onshore skilled visa application, would be able to extend their stay for 12 months. A temporary visa has been created for overseas students to allow them to gain skilled work experience, improve their English language skills or to undertake a Professional Year.
Downsizing of Subclasses – There are currently fifteen subclasses. Effective 1st September 2007, the general skilled subclasses would be reduced to nine (four offshore and five onshore). These subclasses are listed below:
| Old visa subclasses |
Old visa subclasses on the left column to be replaced by new visa subclasses on this column |
| Skilled – Independent (subclass 136) |
Skilled – Independent (subclass 175) |
| Skilled – State/Territory Nominated Independent (subclass 137) |
Skilled – Sponsored (subclass 176) |
| Skilled – State/Territory Nominated Independent (subclass 137) – as permanent resident visa pathway from SIR |
Skilled – Regional (subclass 887) |
| Skilled – State/Territory Nominated Independent (subclass 137) – as permanent resident visa pathway from SIR |
Skilled – Regional (subclass 887) |
| Skilled – Australian Sponsored (subclass 138) |
Skilled – Sponsored (subclass 176) |
| Skilled – Independent Regional (subclass 495) Offshore |
Skilled – Regional Sponsored (subclass 475) |
| Skilled – Independent Regional (subclass 495) Onshore |
Skilled – Regional Sponsored (subclass 487) |
| Graduate – Skilled (subclass 497) |
Skilled – Graduate (subclass 485) |
| Skilled – Designated Area – Sponsored (subclass 496) |
Skilled – Regional Sponsored (subclass 475) |
| Skilled – Onshore Independent New Zealand Citizen (subclass 861) |
Skilled – Independent (subclass 175) |
| Skilled – Onshore Australian-sponsored New Zealand Citizen (subclass 862) |
Skilled – Sponsored (subclass 176) |
| Skilled – Onshore Designated Area - sponsored New Zealand Citizen (subclass 863) |
Skilled – Regional Sponsored (subclass 475) |
| Skilled – Independent Overseas Student (subclass 880) |
Skilled – Independent (subclass 885) |
| Skilled – Australian-sponsored Overseas Student (subclass 881) |
Skilled – Sponsored (subclass 886) |
| Skilled – Designated Area – Sponsored Overseas Student (subclass 882) |
Skilled – Regional Sponsored (subclass 487) |
Electronic Lodgement of Visa Applications – Effective 1st September 2007, applicants have the option to lodge general skilled visa applications electronically. It would still be possible to lodge paper-based applications, if applicants choose to do so.
Q & A
| Q: |
I have been living with my interdependent partner for more than 12 months, can I include him in my application. |
| A: |
Yes, effective 1st September 2007, applicants lodging a general skilled application can include their interdependent (same sex) partners. If your interdependent partner meets the basic requirements for general skilled migration, you may earn additional points. Your interdependent partner must be under 45 years when you lodge your application. Your partner should meet the English requirement. The score would be dependent on the subclass you are applying for and your nominated occupation. Your partner must have post-secondary qualifications and the skills should be assessed by the relevant assessing authority as suitable for your partner’s nominated occupation. Your partner’s occupation should be on the Skilled Occupation List at the time you lodge your application. Your partner should be able to provide evidence of recent work experience. In addition to meeting the basic requirements for general skilled migration, you and your partner should be able to provide evidence that you have been in an interdependent relationship for the entire 12 months immediately prior to lodging your general skilled migration application. You and your partner should also be able to meet the health and character requirements. |
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| Q: |
Are there any changes to the points test? |
| A: |
Yes, there are changes to the points test. Effective 1st September 2007, all provisional general skilled migration visa applicants would be assessed against the points test. Provisional visa applicants only need to be assessed against the points test when they lodge their provisional visa application. They do not have to be reassessed at the time they lodge their application for their permanent general skilled visa application. All applicants for all permanent general skilled visa subclasses would also be points tested. |
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| Q: |
Are there any changes to the pass mark? |
| A: |
Effective 1st September 2007, the following pass marks would apply:
- Skilled Independent (subclass 175 and 885) – 120 points
- Skilled Sponsored (subclass 176 and 886) – 100 points
- Skilled Regional Sponsored (subclass 475 and 487) – 100 points
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| Q: |
I am still reviewing for my IELTS test. I am scheduled to take my test on 10th October 2007. Can I lodge my visa application even though I have not passed the IELTS test? |
| A: |
No, you cannot lodge a valid visa application without providing evidence of passing the IELTS test. |
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| Q: |
Are there changes to the Age requirement of 45 years? |
| A: |
No, there are no changes to the Age requirement. Hence, applicants must be under 45 years when they apply for an onshore or offshore general skilled visa application. |
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| Q: |
I plan to lodge a subclass Skilled Independent visa, subclass 136. I am short of 5 points in order to meet the pass mark of 120. What should I do? |
| A: |
If you can demonstrate that you have proficient English ie., obtain a minimum score of 7.0 on each of the 4 components of the IELTS, you would be able to claim 25 points for the English language on or after 1st September 2007. Hence, you might consider lodging your application after 1st September 2007. |
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Migration regulations are current at the time of writing this article. DIAC has the right to change these regulations at any time. This article has been written to provide general information only. Readers should seek professional advice to discuss their particular situations.
Estelle McNally, is a Registered Migration Agent MARN 9903113,
McNally Migration Solutions, Suite 1, 2nd Floor,
3 Avondale Street, Springvale 3171
(03) 9547 9055, 0418 171 951, (03) 5997-7450; Fax: (03) 9547 9066;
website: www.mcnallymigrationaustralia.com; Email: mcnallymigration@bigpond.com |
