EXPLANATORY STATEMENT

Migration Regulations 1994

SKILLED OCCUPATIONS FOR SKILLS ASSESSMENTS

(SUBPARAGRAPHS 1136(3)(bb)(ii), 1229(3)(ab)(ii) AND SUBCLAUSES 175.211(1), 176.211(1) AND 475.211(1))

1. This Instrument is made under subparagraphs 1136(3)(bb)(ii), 1229(3)(ab)(ii) and subclauses 175.211(1), 176.211(1) and 475.211(1) of the Migration Regulations 1994 (“the Regulations”).
2. Paragraph 1136(3)(bb) provides that if the applicant is not seeking to satisfy the criteria for the grant of a Subclass 887 (Skilled – Regional) visa and has nominated a skilled occupation specified by the Minister is an instrument in writing for this paragraph, the applicant’s skills must have been assessed by the relevant assessing authority, on or after 1 January 2010, as suitable for the applicant’s nominated skilled occupation.
3. Paragraph 1229(3)(ab) provides that, if an applicant is not seeking to satisfy the criteria for the grant of a Subclass 485 (Skilled - Graduate) visa and has nominated a skilled occupation specified by the Minister in an instrument in writing for this paragraph, then the applicant’s skills must have been assessed by the relevant assessing authority, on or after 1 January 2010, as suitable for the applicant’s nominated skilled occupation.

4. Subclauses 175.211(1), 176.211(1) and 475.211(1) provide that, if an applicant has nominated a skilled occupation, which is specified in an instrument in writing for the purposes of the above subclauses, the applicant has been employed in the skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made.

5. The purpose of the Instrument is to specify occupations required to provide a skills assessment dated on or after 1 January 2010 to support amendments to the Regulations made to ensure the job readiness of onshore applicants nominating trade occupations. It also provides that offshore applicants applying for the specified occupations be excluded from meeting the Australian study requirement. 

6. Consultation was undertaken with the Department of Education, Employment and Workplace Relations (DEEWR).

7. The Instrument, IMMI 09/143, applies in relation to an application for a visa made on or after 1 January 2010.