EXPLANATORY STATEMENT
Migration Regulations 1994
SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES, COUNTRIES AND POINTS FOR GENERAL SKILLED MIGRATION VISAS
(REGULATION 1.15I AND SUBREGULATION 2.26B(1))
- This Instrument is made under regulation 1.15I of Division 1.2 of Part 1 of the Migration Regulations 1994 (‘the Regulations’) and subregulation 2.26B(1) of Division 2.6 of Part 2 of the Regulations.
2. Regulation 1.15I(1)(a) of the Regulations provides that a skilled occupation, in relation to a person, means an occupation of a kind that is specified by the Minister in an instrument in writing to be a skilled occupation.
3. Subregulation 2.26B(1) of the Regulations provides that, subject to subregulation 2.26B(1A) the Minister may, by an instrument in writing, specify a person or body as the relevant assessing authority for a skilled occupation and one or more countries for the purposes of an application for a skills assessment made by a resident of one of those countries.
4. The purpose of the Instrument is to:
- update the Skilled Occupations List that applies to applicants who apply for a General Skilled Migration visa on or after 1 July 2011; and
- give effect to the Regulations which allow partner skill points to be awarded on the basis of a spouse or de-facto partner having an occupation on the same version of the skilled occupations lists as the primary applicant; and
- include technical changes relating to occupations and assessing authorities.
5. The Instrument operates to specify skilled occupations, the relevant ANZSCO code for an occupation, country (for application of skills assessment made by the resident of that country) and the relevant assessing authority for that occupation.
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 Office of Best Practice Regulation was consulted in relation to the new points test and has advised that a Regulatory Impact Statement is not required (OBPR Reference 12733).
8. The Instrument, IMMI 11/035, commences on 1 July 2011, immediately after the commencement of Migration Amendment Regulations 2011 (No. 3).