EXPLANATORY STATEMENT
Migration Regulations 1994
SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES, COUNTRIES AND POINTS FOR GENERAL SKILLED MIGRATION VISAS
(Regulation 1.15I, subregulation 2.26B(1), subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii)
- This Instrument is made under regulation 1.15I, subregulation 2.26B(1) and subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) of the Migration Regulations 1994 (‘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. Subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) of the Regulations specifies the skilled occupations, assessing authorities and countries that are required to make a valid application or satisfy the criteria for the grant of a General Skilled Migration Visa.
5. The purpose of the instrument is to allow General Skilled Migration visa applications lodged on or before 30 June 2012 to continue to be processed and have their nominated occupation assessed against the instrument in place at the time of lodgement. This is particularly important for applicants who have nominated an occupation that has been removed from the Skilled Occupations List instrument to take effect from 1 July 2012.
6. 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.
7. The following document is incorporated in the Instrument by reference:
- ANZSCO means, under regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010. The ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) is available online at http://www.abs.gov.au.
8. 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.
9. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
10. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 13758).
11. This Instrument number IMMI 12/023, commences on 1 July 2012.
Overview
The Migration Regulations 1994, enacted to provide a framework for the regulation of migration to Australia, address the need for a structured approach to assessing skilled occupations and the relevant authorities and countries involved in the application process for skilled migration visas. This legislative instrument, F2012L01320, made under the authority of the Migration Act 1958, serves to clarify and update the skilled occupations list, the relevant assessing authorities, and the countries applicable to the assessment process for General Skilled Migration Visas. The instrument was introduced to ensure that visa applications lodged before a specified date continue to be processed according to the existing criteria, thereby maintaining the integrity and continuity of the visa application process. This legislative update reflects the policy objective of effectively managing the skilled migration program by clearly defining the scope of skilled occupations and ensuring the accuracy and relevance of the assessment process.
Scope and Application
The Migration Regulations 1994, as amended by this Instrument, apply to skilled occupations, relevant assessing authorities, and countries for the purposes of processing applications for General Skilled Migration Visas. These regulations govern the occupations that are recognised as skilled, the authorities that assess the qualifications of applicants, and the countries from which applicants must originate in order to be eligible for a skills assessment. The regulations also specify the requirements for making a valid application for a visa, including the criteria that must be satisfied for the grant of a visa. This Instrument is designed to ensure that applications for General Skilled Migration Visas lodged on or before 30 June 2012 can still be processed under the existing criteria, even if the occupation nominated by an applicant has been removed from the Skilled Occupations List on 1 July 2012. The Instrument incorporates by reference the ANZSCO, which is the Australian and New Zealand Standard Classification of Occupations as published by the Australian Bureau of Statistics on 1 July 2010. The application of this Instrument is national, extending to all applicants for General Skilled Migration Visas in Australia, regardless of their state or territory of residence. However, the Instrument does not apply to applications for other types of visas, such as business or family visas. The Minister may extend or restrict the application of this Instrument through subordinate instruments made under the Migration Act 1958.
Key Provisions
The Migration Regulations 1994, as amended by F2012L01320, introduce detailed provisions concerning skilled occupations, relevant assessing authorities, and countries for the purposes of General Skilled Migration Visas (subregulations 2.26B(1) and subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii)). Regulation 1.15I(1)(a) specifies that the Minister can designate skilled occupations through written instruments. This allows for flexibility in updating the list of skilled occupations. Subregulation 2.26B(1) enables the Minister to specify relevant assessing authorities and countries for skills assessments. This ensures that applicants from specified countries can have their skills assessed by the designated authorities.
The Act imposes several obligations on the parties involved. For applicants seeking General Skilled Migration Visas, it is crucial to ensure that their nominated occupation is listed in the Regulations and that they apply through the correct assessing authority. The Regulations also mandate that the relevant ANZSCO code must be used for occupation classification. For assessing authorities, the Regulations set out the criteria and standards they must adhere to when evaluating applicants’ skills. Countries specified in the Regulations must ensure that their assessing authorities comply with the standards set by the Australian government.
Failure to comply with the provisions of the Regulations can result in various consequences. For applicants, not nominating a recognised skilled occupation or applying through an unauthorised assessing authority can lead to visa refusal. Assessing authorities that do not meet the specified standards risk losing their designation, which could impact their ability to assess future applicants. Countries that fail to maintain the required standards for their assessing authorities may face restrictions on their residents’ eligibility for the General Skilled Migration Visa. While the specific penalties are not detailed in the text, breaches of the Regulations could lead to administrative or legal actions as deemed appropriate by the Minister.
In summary, the Migration Regulations 1994, as amended by F2012L01320, establish a structured framework for the recognition of skilled occupations, the designation of assessing authorities, and the specification of eligible countries for General Skilled Migration Visas. These provisions ensure that the migration process remains orderly and that the integrity of the visa system is maintained. Parties involved, including applicants, assessing authorities, and countries, must adhere to the specified criteria to ensure compliance with the Regulations.