EXPLANATORY STATEMENT
Migration Regulations 1994
SKILLED OCCUPATIONS FOR SKILLS ASSESSMENTS
- 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 in an instrument in writing, 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 the 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, 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 the applicant has been employed in the skilled occupation for at least 12 months in the period of the 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.
The Instrument does not specify any occupations for the purposes of subparagraphs 1136(3)(bb) and 1229(3)(ab) as applicants nominating a trade occupation will be able to provide a suitable skills assessment dated before 1 January 2010 when applying. It also provides that offshore applicants applying for the specified occupations be excluded from meeting the Australian study requirement.
6. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Instrument, IMMI 10/012, applies in relation to an application for a visa lodged on or after the commencement date.
8. The Instrument, IMMI 10/012, commences on 12 March 2010.