Overview

The Skilled Australian Sponsored (Migrant) Visa: Residential Postcodes, "Skilled Occupations" and Points (Regulations 1.03 and 2.26B) was enacted in 2005, and is made under the Migration Regulations 1994. This regulation responds to the need for updating the skilled occupations list and specifying the relevant assessing authorities for such occupations, as well as determining the postcodes relevant for sponsors' residential addresses for skilled migrant visa applications. The enacting body is the Minister for Immigration and Border Protection, as per regulations 1.17, 1.03 and subregulation 2.26B(1) of the Migration Regulations 1994. The policy objective is to ensure that skilled occupations are accurately defined and assessed, and to address the specific needs of the labour market in Australia, such as removing occupations with high unemployment from the Skilled Occupations List. The regulation revokes previous instruments that specified "skilled occupations" and relevant assessing authorities, and introduces new specifications in line with the current needs of the Australian labour market. It also addresses a request from the Department of Employment and Workplace Relations and the Civil Aviation Safety Authority to remove the occupation of Aircraft Pilot from the Skilled Occupations List due to high unemployment and limited opportunities in this field. Furthermore, the regulation incorporates a name change for the assessing authority for nurses and midwives from the Australian Nursing Council to the Australian Nursing and Midwifery Council, following a request from the ANMC and approval from the National Office of Overseas Skills Recognition. The regulation aims to maintain the integrity of the skilled migration program and ensure that it aligns with the current labour market needs.

Scope and Application

This Instrument, made under the Migration Regulations 1994, serves to clarify and update the definitions and criteria for the Skilled Australian Sponsored (Migrant) Visa, specifically addressing skilled occupations, points, and the residential postcodes of sponsors. It applies to applicants for a Skilled Australian Sponsored (Migrant) (Class BQ) visa and their sponsors, specifically targeting occupations listed in the Sydney and Selected Areas Skilled Shortage List, contingent on the sponsor's residential postcode. The Instrument revokes previous specifications and provides new details on skilled occupations, the number of points allocated to each occupation, and the bodies recognised as relevant assessing authorities for these occupations. Notably, it addresses amendments such as the removal of Aircraft Pilot from the Skilled Occupations List due to oversupply in the market and updates the name of the assessing authority for nurses and midwives. The geographic reach of this regulation is nationwide, with specific attention to postcodes in Sydney and selected areas, reflecting the regulatory intent to manage skilled migration based on regional employment needs.

Key Provisions

This legislation pertains to the Skilled Australian Sponsored (Migrant) Visa under the Migration Regulations 1994, specifically addressing skilled occupations and residential postcodes. Regulation 1.03 (paragraphs 3 and 4) defines a "skilled occupation" based on a Gazette Notice, which specifies occupations on the Sydney and Selected Areas Skilled Shortage List or other occupations with allocated points. Regulation 1.17 allows the Minister to specify certain matters by Notice in the Gazette. Subregulation 2.26B(1) enables the Minister to specify a relevant assessing authority for a skilled occupation, provided the person or body is approved in writing by the Minister or the National Office of Overseas Skills Recognition (NOOSR). The Act imposes several obligations on parties and entities it governs. For instance, sponsors of applicants for a Skilled Australian Sponsored (Migrant) (Class BQ) visa must ensure their residential address falls within specified postcodes and that this address is their principal place of residence. Furthermore, occupations listed as "skilled occupations" are those specified by a Gazette Notice, and these occupations must have a designated number of points. Additionally, the Act mandates that relevant assessing authorities for these occupations are specified by a Gazette Notice and approved by the Minister or NOOSR. Breaching any of the requirements set forth in this Act may result in civil or criminal consequences. While the Act does not specify the exact penalties, breaches of the Migration Regulations 1994 can lead to substantial fines and, in severe cases, imprisonment. For example, providing false information in an application or sponsorship can result in fines of up to $22,200 for individuals and $111,000 for corporations, as well as potential imprisonment for up to five years. Sponsors who fail to comply with the residency postcode requirements or who provide incorrect information about the applicant’s occupation may face similar penalties. These provisions underscore the importance of adhering to the stipulated guidelines to avoid legal repercussions.