Overview

The Skilled Australian Sponsored (Migrant) Visa: Residential Postcodes, “Skilled Occupations” and Points Regulations (F2005L04008) were enacted in 2005 to provide a framework for the definition of "skilled occupations" and to specify the relevant assessing authorities for these occupations under the Migration Regulations 1994. This legislative instrument addresses the need to ensure that skilled occupations and their associated point values are accurately and consistently defined, particularly for applicants whose sponsors reside in specified postcodes. The instrument was made under the authority of the Minister for Immigration and Citizenship, who has the power to specify these matters by notice in the Gazette. The primary objective of these regulations is to maintain a clear and up-to-date classification of skilled occupations, ensuring that the assessment process for migrant visa applications is both transparent and reflective of current labour market needs.

Scope and Application

This legislation, the Skilled Australian Sponsored (Migrant) Visa: Residential Postcodes, “Skilled Occupations” and Points (Regulations 1.03 and 2.26B) made under the Migration Regulations 1994, applies to applicants for a Skilled Australian Sponsored (Migrant) (Class BQ) visa. It outlines the specific skilled occupations that are recognised for visa purposes, the number of points allocated to each occupation, and the relevant assessing authorities for those occupations. The legislation defines "skilled occupation" in relation to applicants whose sponsors reside in specified postcodes, mandating that the occupation must be listed in the Sydney and Selected Areas Skilled Shortage List and assigning a number of points as specified by a Gazette Notice. For other applicants, the definition of "skilled occupation" refers to occupations specified by a Gazette Notice, which also indicates the number of points allocated. Additionally, the legislation specifies the bodies approved as relevant assessing authorities for each occupation, a requirement stipulated in subregulation 2.26B(1) of the Regulations. The Instrument revokes previous specifications and updates the list of skilled occupations, points, and assessing authorities, incorporating the Australian Standard Classification of Occupations by reference. It does not substantially alter existing arrangements but responds to the approval of the Council on Chiropractic Education Australasia as an assessing authority for the occupation of Chiropractor. The legislation is effective from 15 December 2005.

Key Provisions

The main operative sections of this legislation (sections 1.17, 1.03 and subregulation 2.26B(1)) outline the framework for defining skilled occupations and the process for specifying these occupations through Gazette Notices. Section 1.17 allows the Minister to specify matters required by the Regulations, while section 1.03 defines "skilled occupation" and specifies the conditions under which a particular occupation is considered skilled, particularly in relation to visa applicants whose sponsors reside in certain postcodes. Subregulation 2.26B(1) allows the Minister to designate a person or body as the relevant assessing authority for a skilled occupation, provided they have been approved by the Minister or the National Office of Overseas Skills Recognition (NOOSR). This Act imposes specific obligations on parties and entities it governs. Under section 1.03, an occupation must be on the Sydney and Selected Areas Skilled Shortage List, and have points assigned to it as specified in a Gazette Notice, for applicants whose sponsors have residential addresses in specified postcodes. For all other cases, an occupation must be listed in a Gazette Notice as a skilled occupation with points specified therein. The Act also mandates that the Minister, through Gazette Notices, must specify skilled occupations, the number of points associated with each occupation, and the relevant assessing authorities for these occupations as outlined in section 2.26B(1). There are potential civil and criminal consequences for breaches of this legislation. While the specific offences and penalties are not detailed in the explanatory statement, breaches of the Migration Regulations 1994 generally can result in administrative penalties, including fines and potential cancellation of visas. The maximum penalties for breaches can vary widely depending on the specific nature and severity of the breach, but they are typically outlined in the relevant sections of the primary legislation, the Migration Act 1958.