EXPLANATORY STATEMENT
Migration Regulations 1994
RESIDENTIAL POSTCODES, SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES AND POINTS
(REGULATIONS 1.03 AND 2.26B)
- This Instrument is made under regulation 1.03 and subregulation 2.26B(1) of the Migration Regulations 1994 (“the Regulations”).
2. Regulation 1.03 of the Regulations defines the term skilled occupation. It provides that in relation to an applicant for a Skilled Australian Sponsored (Migrant) (Class BQ) visa, a skilled occupation means an occupation that is in the Sydney and Selected Areas Skilled Shortage List specified in an Instrument in writing, for which a number of points specified in the Instrument are available and whose sponsor has, on the sponsorship form, stated a residential address the postcode of which is specified in the Instrument. In any other case, a skilled occupation is an occupation that is specified in an Instrument in writing as a skilled occupation for which a number of points specified in the Instrument are available.
3. Regulation 1.03 of the Regulations also provides that relevant assessing authority means a person or body specified under regulation 2.26B.
4. Subregulation 2.26B(1) of the Regulations provides that the Minister may, in an Instrument in writing for this subregulation, specify a person or body as the relevant assessing authority for a skilled occupation if the person or body is approved in writing by the Minister or the Department of Education, Science and Training (Education) as the relevant assessing authority for the occupation.
5. All principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed as satisfactory for that occupation by the relevant assessing authority. The purpose of this Instrument is to specify what a skilled occupation is, and which body is responsible for determining whether an applicant possesses the skills required for working in that skilled occupation in Australia. As some General Skilled Migration visa applicants are required to pass the General Skilled Migration Points Test, each skilled occupation has a number of points which may be allocated.
6. The Instrument operates to specify skilled occupations, the number of points awarded for each occupation, the bodies that are the relevant assessing authorities for each occupation, and the postcodes for residential addresses of sponsors.
7. The following document is incorporated in the Instrument by reference:
- The Australian Standard Classification of Occupations (ASCO) (Second Edition) (ABS Catalogue No. 1220.0), available online from the Australian Bureau of Statistics at www.abs.gov.au/Ausstats.
8. Consultation was undertaken with the Department of Education, Science and Training. The Department advised it has given formal approval for the Australasian College of Physical Scientists and Engineers in Medicine (ACPSEM) to issue skills assessments for the occupation of Medical Scientist (Medical Physicist). Previously, skills assessments were only issued for the occupation of Medical Scientist by the Australian Institute of Medical Scientists. This authority will continue to conduct skills assessments for the occupation of Medical Scientist and Medical Scientists who are qualified to work as Medical Physicists will have their skills assessments issued by ACPSEM. Both occupations have the same ASCO code but are listed separately on the Instrument consistent with these new skills assessment arrangements.
9. The occupation of Diesel Fuel Injection Technician has been removed from the Instrument following advice received from the Department of Employment and Workplace Relations recommending that this occupation be removed from the Skilled Occupations List.
9. The Instrument, IMMI 06/090, commences on 12 June 2007.
Overview
The Migration Regulations 1994, amended by the instrument titled "RESIDENTIAL POSTCODES, SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES AND POINTS" (F2007L01687), address the need to clearly define skilled occupations and specify the bodies responsible for assessing the skills of applicants for a General Skilled Migration visa. This legislative amendment was enacted to provide precision in the definition and assessment of skilled occupations, ensuring that applicants meet the requisite criteria for obtaining a Skilled Australian Sponsored (Migrant) (Class BQ) visa. The explanatory statement outlines that the regulations specify the occupations that qualify as skilled, the number of points awarded for each occupation, the authorised bodies that assess the skills of applicants, and the residential postcodes of sponsors. The policy objective of this regulation is to streamline the migration process by clearly delineating roles and responsibilities, thereby facilitating the assessment of visa applicants and ensuring that only those who meet the required standards are granted visas.
Scope and Application
This Instrument is crafted under the Migration Regulations 1994, specifically addressing regulation 1.03 and subregulation 2.26B(1). It applies to all principal applicants for a General Skilled Migration visa, defining what constitutes a skilled occupation and establishing the relevant assessing authorities responsible for evaluating the skills of applicants in those occupations. The regulations pertain to occupations specified in the Sydney and Selected Areas Skilled Shortage List, with particular attention to postcodes of residential addresses of sponsors for Skilled Australian Sponsored (Migrant) (Class BQ) visa applicants. The relevant assessing authorities, specified under regulation 2.26B, are approved by the Minister or the Department of Education, Science and Training (Education) for each occupation. This legislative instrument not only specifies the skilled occupations but also allocates points for each occupation and indicates the approved bodies for conducting skills assessments. The Australasian College of Physical Scientists and Engineers in Medicine (ACPSEM) has been approved to issue skills assessments for the occupation of Medical Scientist (Medical Physicist), while the Australian Institute of Medical Scientists continues to assess Medical Scientists. The occupation of Diesel Fuel Injection Technician has been removed from the Skilled Occupations List based on advice from the Department of Employment and Workplace Relations. The Instrument, IMMI 06/090, took effect on 12 June 2007.
Key Provisions
The Migration Regulations 1994, as specified in this Instrument, detail the key provisions concerning skilled occupations, residential postcodes, and the relevant assessing authorities. Regulation 1.03 (paragraphs 2 and 3) defines a skilled occupation and the term "relevant assessing authority". According to regulation 1.03(2), for applicants seeking a Skilled Australian Sponsored (Migrant) (Class BQ) visa, a skilled occupation is one listed in the Sydney and Selected Areas Skilled Shortage List, with a specified number of points and a postcode for the sponsor's residential address. For other applicants, a skilled occupation is one listed in an Instrument in writing, also with a specified number of points. Regulation 1.03(3) further defines the term "relevant assessing authority" as a person or body specified under regulation 2.26B. Subregulation 2.26B(1) allows the Minister to specify a person or body as the relevant assessing authority for a skilled occupation if approved by the Minister or the Department of Education, Science and Training (Education).
The obligations imposed by these regulations require that all principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed as satisfactory by the relevant assessing authority. This process ensures that applicants meet the skill requirements for their nominated occupation in Australia. The Instrument also specifies the number of points awarded for each occupation, the relevant assessing authorities for each occupation, and the postcodes for residential addresses of sponsors. This comprehensive approach ensures that the assessment process is both structured and transparent.
Breaching the requirements set out in these regulations can result in significant consequences. While the specific penalties are not detailed in the Instrument, it is reasonable to infer that non-compliance with the skill assessment requirements could lead to the denial of a visa application or other administrative penalties. Additionally, misrepresentation or fraud in the nomination process could result in more severe civil or criminal consequences, including potential criminal charges under Australian law. The precise penalties would depend on the nature and severity of the breach, but could include fines, imprisonment, or both, as stipulated by relevant legislation.