New Australian Skilled Migration Points Test

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In early June, the Department of Immigration and Citizenship (DIAC) issued some important new details related to a new Australian skilled migration points test which becomes effective from today (1st July 2011)

The skilled migration points test is what determines which skilled workers will be eligible to emigrate to Australia on a skilled Australia visa.

The new points test that is scheduled to be released today is set to be radically different to the current points test.

Changes include:

  • A new rule to award qualification points when the qualification is recognised by the assessing authority in the skills assessment;
  • The addition and removal of occupations to Schedule 3 of the Skilled Occupation List (SOL);
  • The change to the criteria of how work experience points are awarded;
  • The need for IELTS tests to be provided at the time of visa lodgement;
  • The recognition of degrees that are unrelated to the nominated occupation; AND

Full Annoucement available at the DIAC website here however we have also included the text below:

Amendments to introduce a new points test for certain applicants for General Skilled Migration visas
Commencement: 1 July 2011

From 1 July 2011, the Migration Regulations 1994 (the Regulations) are amended to:

  • amend several definitions relating to English language qualifications to clarify the time frame within which an English language test must have been conducted for the purposes of a visa application;
  • increase the threshold English language requirement for applicants for a Subclass 475 (Skilled – Regional Sponsored) visa or a Subclass 487 (Skilled – Regional Sponsored) visa to provide consistency for English language qualifications across all GSM visas;
  • place greater emphasis on skilled work experience through the insertion of the new Schedule 6C in the requirements for the grant of GSM visas;
  • prescribe qualifications and points under Schedule 6C in respect of certain applicants for a GSM visa for which criteria require the applicant to receive a qualifying score when assessed under Subdivision B of Division 3 of Part 2 of the Act; and
  • make a number of minor amendments that are consequential to the insertion of Schedule 6C for the purposes of prescribing qualifications and points.
    Affected legislation

The following provisions of the Regulations are amended:

Part 1, regulation 1.03, definition of superior English, is inserted
Part 1, regulation 1.15C, definition of competent English, is amended
Part 1, regulation 1.15D, definition of proficient English, is amended
Part 1, regulation 1.15E, definition of concessional competent English, is amended
Part 1, regulation 1.15EA, definition of superior English, is inserted
Part 1, subregulation 1.15I(1), definition of skilled occupation, is amended
Part 2, regulation 2.26AA, is amended
Part 2, regulation 2.26AB, is inserted
Schedule 1, paragraph 1135(3)(b), is amended
Schedule 1, subparagraphs 1136(4)(b)(i) and (ii), are amended
Schedule 1, subparagraph 1136(5)(b)(ii), is amended
Schedule 1, subparagraphs 1136(6)(b)(ii) and (iii), are amended
Schedule 1, subparagraph 1228(3)(b)(i), is amended
Schedule 1, subparagraphs 1229(4)(b)(i) and (ii), are amended
Schedule 1, subparagraph 1229(5)(b)(ii), is amended
Schedule 1, subparagraphs 1229(6)(b)(ii) and (iii), are amended
Schedule 1, subparagraphs 1229(7)(b)(i) and (ii), are amended
Schedule 2, clause 175.221, Note, is amended
Schedule 2, clause 176.221, Note, is amended
Schedule 2, clause 475.111, Note 3, is amended
Schedule 2, clause 475.214, is amended
Schedule 2, clause 475.221, Note, is amended
Schedule 2, clause 487.111, Note 3, is amended
Schedule 2, clause 487.215, is amended
Schedule 2, clause 487.222, Note, is amended
Schedule 2, clause 487.224, is omitted
Schedule 2, clause 885.221, Note, is amended
Schedule 2, clause 886.221, Note, is amended
Schedule 6B, Heading, is amended
Schedule 6C, is inserted.

Additional information

The requirement that an applicant has been assessed as having the relevant qualifying score for a points test applies in relation to the following GSM visa subclasses:

Subclass 175 (Skilled – Independent) visa; or
Subclass 176 (Skilled – Sponsored) visa; or
Subclass 475 (Skilled – Regional Sponsored) visa; or
Subclass 487 (Skilled – Regional Sponsored) visa; or
Subclass 885 (Skilled – Independent) visa; or
Subclass 886 (Skilled – Sponsored) visa.

All new applicants for a GSM visa made on or after 1 July 2011 who are required to be assessed against a points test for the grant of the visa will be assessed against the points test prescribed under regulation 2.26AB to the Regulations.

However, certain GSM visa applicants who, on 8 February 2010, held or had applied for a Subclass 485 (Skilled – Graduate) visa and who made or will make an application for a Subclass 487 (Skilled – Regional Sponsored) visa; or a Subclass 885 (Skilled – Independent) visa; or a Subclass 886 (Skilled – Sponsored) visa before 1 January 2013 will first be assessed against the points test prescribed under regulation 2.26AA to the Regulations on the basis of the skilled occupation list in effect on 8 February 2010.

In certain circumstances, applicants who fall within this group and who fail to meet the relevant pass mark for the points test prescribed under regulation 2.26AA to the Regulations will then be assessed against the points test prescribed under regulation 2.26AB to the Regulations on the basis of the skilled occupation list in effect at the time they lodged their application.

Transitional provisions

These amendments apply (other than the amendments made to subregulation 1.15I(1), regulation 2.26AA, regulation 2.26AB, Schedule 6B and Schedule 6C to the Regulations) in relation to an application for a General Skilled Migration visa (within the meaning of the Regulations) made on or after 1 July 2011.

The amendments to regulation 2.26AA, regulation 2.26AB, Schedule 6B and Schedule 6C to the Regulations identify the visa applications to which they apply. The amendments to subregulation 1.15I(1) are consequential to the amendments to regulation 2.26AA, regulation 2.26AB, Schedule 6B and Schedule 6C to the Regulations.

Forms

The following forms will be amended to reflect these changes:

Form 1276 Application for general skilled migration to Australia; and
Form 1119 Information Booklet 6: General Skilled Migration.

Instructions

PAM3 will be amended to reflect these amendments.

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Showing 2 comments

  • Lounge Suites
    Reply

    It is good to see that the Australian government is taking the initiative to review, revise and amend the provisions concerning immigration. Very important that the government keep its international ties along with keeping and uplifting the local Australian workforce.

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