EXPLANATORY STATEMENT
SKILLED AUSTRALIAN SPONSORED (MIGRANT) VISA:
RESIDENTIAL POSTCODES, “SKILLED OCCUPATIONS” AND POINTS
(REGULATIONS 1.03 AND 2.26B)
Migration Regulations 1994
- This Instrument is made under regulations 1.17, 1.03 and subregulation 2.26B(1) of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 provides that the Minister may, by Notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Regulation 1.03 defines the term “skilled occupation”. In relation to an applicant for a Skilled Australian Sponsored (Migrant) (Class BQ) visa whose sponsor has a residential address the postcode of which is specified by Gazette Notice, the occupation must be in the Sydney and Selected Areas Skilled Shortage List specified in that Gazette Notice and for which a number of points specified in that Gazette Notice are available. In any other case, a “skilled occupation” is an occupation that is specified by a Gazette Notice as a skilled occupation for which a number of points specified in that Gazette Notice are available.
4. Regulation 1.03 also provides that “relevant assessing authority” means a person or body specified under regulation 2.26B.
5. Subregulation 2.26B(1) provides that the Minister may, by notice in the Gazette, 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 National Office of Overseas Skills Recognition (NOOSR) as the relevant assessing authority for the occupation.
6. The purpose of this Instrument is to:
- revoke previous Instruments specifying “skilled occupations” as defined in regulation 1.03 and relevant assessing authorities for the purposes of subregulation 2.26B(1) of the Regulations;
- specify occupations for the purposes of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
- specify the number of points for each occupation specified for the purposes of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
- specify which bodies are the relevant assessing authority for each occupation specified for the purposes of the definition of “skilled occupation” in regulation 1.03 of the Regulations; and
- specify postcodes for residential addresses of sponsors for the purposes of subparagraph (a)(i) regulation 1.03 - the definition of “skilled occupation”.
7. The following document is incorporated in the Instrument by reference:
The Australian Standard Classification of Occupations (Second Edition) (ABS Catalogue No. 1220.0), available online from the Australian Bureau of Statistics at www.abs.gov.au/Ausstats .
8. This Instrument does not substantially alter existing arrangements. The Instrument was made in response to a request from the Department of Employment and Workplace Relations and the Civil Aviation Safety Authority to remove the occupation of Aircraft Pilot (ASCO code 2541-11) from the Skilled Occupations List (SOL). This is because there is high unemployment and few employment opportunities for aircraft pilots in Australia. The instrument also incorporates a name change to the assessing authority for nurses and midwives from the Australian Nursing Council (ANC) to the Australian Nursing and Midwifery Council (ANMC) following receipt of a letter from the ANMC requesting this amendment and approval of the name change from NOOSR.
9. As a result of amendments to the Regulations, a sponsor of an applicant for a Skilled Australian Sponsored (Migrant) (ClassBQ) visa must now state a residential address which comes within certain postcodes and that address must be the sponsor’s principal place of residence. The Instrument specifies those postcodes.
10. The Instrument commences on 1 November 2005.