Migration Regulations 1994 - Specification of Skilled Occupations, Relevant Assessing Authorities, Countries and Points for General Skilled Migration Visas and Certain Other Visas - IMMI 10/026

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EXPLANATORY STATEMENT

Migration Regulations 1994

 

SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES, COUNTRIES AND POINTS FOR GENERAL SKILLED MIGRATION VISAS AND CERTAIN OTHER VISAS

 

(REGULATION 1.15I, SUBREGULATION 2.26B(1), SUBPARAGRAPHS 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) AND 1229(7)(b)(ii), ITEMS 6A11, 6A12, 6A13)

 

 

  1. This Instrument is made under regulation 1.15I of Division 1.2 of Part 1 of the Migration Regulations 1994 (‘the Regulations’), subregulation 2.26B(1) of Division 2.6 of Part 2 of the Regulations, subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii), and 1229(7)(b)(ii) of Schedule 1 to the Regulations and Items 6A11, 6A12 and 6A13 of Schedule 6A to the Regulations.
  2. Item (1) of the Instrument revokes the previous Instrument number IMMI 09/031 signed by the Minister on 9 April 2009.
  3. Regulation 1.03 of the Regulations as amended by the Migration Amendment Regulations 2010 (No. 6) (‘the Amendment Regulations’) on 1 July 2010, provides that the term skilled occupation has the meaning given in regulation 1.15I, inserted in the Regulations on 1 July 2010 by the Amendment Regulations.  Subregulation 1.15I(1) provides that the Minister may, by instrument in writing, specify an occupation to be a skilled occupation for which a specified number of points are available and which is applicable to a person in accordance with the specification. 
  4. Subregulation 1.15I(2) provides that, without limiting subsection 1.15I(1), the Minister may specify in the instrument any matter in relation to an occupation, or to a class of persons to which the instrument relates, including that an occupation is a skilled occupation for a class of persons, and that an occupation is a skilled occupation for a person who is nominated by a State or Territory government agency.
  5. Subregulation 2.26B(1) of the Regulations provides that the Minister may, in an instrument in writing, specify a person or body as the relevant assessing authority for a skilled occupation, for the assessment of the skills of residents of one or more countries. 
  6. All applicants seeking to satisfy the primary criteria for a Skilled (Migrant) (Class VE) visa, Skilled (Provisional) (Class VF) visa, a Skilled (Provisional) (Class VC) visa, a Skilled (Residence) (Class VB) visa, a Skilled – New Zealand Citizen (Residence) (Class DB) visa, a Skilled – Independent Overseas Student (Residence) (Class DD) visa, a Skilled – Australian-sponsored Overseas Student (Residence) (Class DE) visa, a Graduate – Skilled (Temporary) (Class UQ) visa, a Skilled – Independent Regional (Provisional) (Class UX) visa, or a Skilled – Designated Area-sponsored (Provisional) (Class UZ) visa must nominate a skilled occupation and have their skills assessed as suitable for that occupation by the relevant assessing authority. 
  7. The purpose of this Instrument is to specify the list of skilled occupations applicable to classes of persons, the bodies responsible for assessing an applicant’s suitability for working in those skilled occupations in Australia and the countries for which they are the relevant assessing authorities, and the points available for each skilled occupation under a points assessment conducted in accordance with Schedule 6B (General points test – qualifications and points (General Skilled Migration visas)) to the Regulations, or Schedule 6A (General points test – qualifications and points) to the Regulations if the applicant applied before 1 September 2007.
  8. Regulation 1.15I of the Regulations inserted by the Amendment Regulations on 1 July 2010 empowers the Minister to specify different skilled occupations for different classes of persons.   Accordingly, this Instrument specifies skilled occupations, points and relevant assessing authorities and countries for the following four classes of persons:

(i) Persons who applied before 1 July 2010 for a:

  • Skilled (Migrant) (Class VE) visa, Skilled (Provisional) (Class VF) visa, Skilled (Provisional) (Class VC) visa, Skilled (Residence) (Class VB) visa, Skilled – New Zealand Citizen (Residence) (Class DB) visa, Skilled – Independent Overseas Student (Residence) (Class DD) visa, Skilled – Australian-sponsored Overseas Student (Residence) (Class DE) visa, Graduate – Skilled (Temporary) (Class UQ) visa, Skilled – Independent Regional (Provisional) (Class UX) visa, or a Skilled – Designated Area-sponsored (Provisional) (Class UZ) visa; and
  • the application was not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 1 July 2010. 

The pre-1 July 2010 list of skilled occupations, relevant assessing authorities, countries and points continues to be specified for these applicants in Schedule 1 to the Instrument.  This ensures that these applicants are not disadvantaged by changes to the specified skilled occupations.

(ii) Persons who:

  • held a Subclass 485 (Skilled – Graduate) visa on 8 February 2010 and on or after 1 July 2010 but before 1 January 2013 is an applicant for the grant of a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa, or a Subclass 487 (Skilled – Regional Sponsored) visa; or 
  • had applied for a Subclass 485 (Skilled – Graduate) visa before 8 February 2010 and that application had not been finally determined, within the meaning of subsection 5(9) of the Migration Act 1958, on 8 February 2010, and on or after 1 July 2010 but before 1 January 2013 applies for the grant of a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa, or a Subclass 487 (Skilled – Regional Sponsored) visa; or
  • on 8 February 2010 held a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa and on or after 1 July 2010 but before 1 January 2013 applies for the grant of a Subclass 485 (Skilled – Graduate) visa. 

The Minister for Immigration and Citizenship announced the arrangements for these applicants on 8 February 2010.  

The skilled occupations, relevant assessing authorities, countries and points for applicants coming within Group (ii) are specified in Schedule 2 to the Instrument.  The specified skilled occupations in Schedule 2 include all those occupations specified in Schedule 1 for Group (i) above, classified under the ANZSCO (Australian and New Zealand Standard Classification of Occupations) rather than the ASCO (Australian Standard Classification of Occupations) as the ANZSCO will become the descriptor of occupations used by the Department of Immigration and Citizenship (‘the Department’) after 1 July 2010. 

These applicants will also come within Group (iii), below, when they apply for a Skilled (Migrant) (Class VE) visa, a Skilled (Provisional) (Class VF) visa, a Skilled (Provisional) (Class VC) visa or a Skilled (Residence) (Class VB) visa, or on and after 1 July 2010.  This ensures that these applicants will not be disadvantaged by changes in the specified skilled occupations list but will have the benefit of being able to nominate a skilled occupation from either list, provided they apply before 1 January 2013.

(iii)            Persons who apply for a Skilled (Migrant) (Class VE) visa, a Skilled (Provisional) (Class VF) visa, a Skilled (Provisional) (Class VC) visa or a Skilled (Residence)
(Class VB) visa on and after 1 July 2010.

The skilled occupations, relevant assessing authorities, countries and points for these applicants are specified in Schedule 3 to the Instrument.  The list of skilled occupations for these applicants is more limited than the list that applied until 30 June 2010.  The new limited list will allow the General Skilled Migration program to better target occupations for which there is a demand in Australia.  It will also assist in reducing the large numbers of applications being lodged in respect of certain occupations.  The number of new applicants will be limited to those who are able to nominate a skilled occupation on the more limited list. 

(iv)                           Persons who:

  • apply for the grant of a Subclass 176 (Skilled – Sponsored) visa, a Subclass 475 (Skilled – Regional Sponsored) visa, a Subclass 487 (Skilled – Regional Sponsored) visa, or a Subclass 886 (Skilled – Sponsored) visa; and
  • who are nominated by a State or Territory government agency. 

The skilled occupations, relevant assessing authorities, countries and points for these applicants are specified in Schedule 4 to the Instrument.  The list of skilled occupations in Schedule 4 is broader than the lists in Schedules 1, 2 and 3.  This allows applicants who are nominated by State or Territory government agencies to apply on the basis of undertaking a wider range of skilled occupations. This will enable State and Territory government agencies to better target skills shortages in their regions.   

7. The Instrument also specifies certain skilled occupations for which at least 50 points are available as applicable to applicants for certain visas when satisfying the requirements in Schedule 1 to the Regulations for making a valid application for those visas.  These skilled occupations are specified in Schedules 2, 3, and 4 of the Instrument as these applications will be made on and after 1 July 2010.

8. The Instrument also specifies skilled occupations and points for the purposes of a points assessment under Part 1 of Schedule 6A (General points test – qualifications and points) to the Regulations.  As applications for the visas to which this points assessment would apply must have been made prior to 1 September 2007, these skilled occupations are specified in Schedule 1 to the Instrument.

9. Skilled occupations in Schedule 1 to the Instrument, for applicants who applied prior to 1 July 2010, are specified by reference to the ASCO.  The skilled occupations specified in Schedules 2, 3 and 4 to the Instrument, for applicants who apply on and after 1 July 2010, are described by reference to the ANZSCO.  This reflects the operational requirements of the Department from 1 July 2010, when the ANZSCO will become the accepted descriptor of occupations and new nominations from that date will need to nominate an occupation using an ANZSCO code.

 10. The following documents are 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.
  • ASCO means, under regulation 1.03 of the Regulations, the Australian Standard Classification of Occupations, Second Edition, published by the Australian Bureau of Statistics on 31 July 1997.  The ASCO - Second Edition (ABS Catalogue No. 1220.0) is available online http://www.abs.gov.au.

 

11. Affected government departments and agencies were consulted on the proposal to introduce the ANZSCO standard into the Department's skilled migration programs.  These included the Australian Bureau of Statistics (the ‘ABS’), the Department of Education, Employment and Workplace Relations (the ‘DEEWR’), and the Department of Infrastructure, Transport, Regional Development and Local Government. 

 

12. State and Territory Governments were consulted via the Commonwealth State Working Party on Skilled Migration (CSWPSM).  This included the ACT Chief Minister’s Department, the NSW Department of State and Regional Development, the NT Department of Business and Employment, the Queensland Department of Employment, Economic Development and Innovation, the Tasmanian Department of Economic Development, Tourism and the Arts, and the SA Department of Trade and Economic Development. 

 

13. The DEEWR was consulted in regard to changes in the relevant assessing authorities required to be reflected in the Instrument.  The following assessing authorities have changed names:

  • Teaching Australia is now the Australian Institute for Teaching and School Leadership;
  • Institute of Surveyors is now the Surveying and Spatial Sciences Institute; and
  • Council of Occupational Therapists Registration Board is now the Occupational Therapy Council.

 

14. The following are new assessing authorities that have been approved by the Education Minister and Employment Minister as defined in regulation 1.03 of the Regulations, as required under subregulation 2.26B(1A) of the Regulations before the Instrument may be made:

  • Australia and New Zealand Osteopath Council (‘ANZOC’) for the occupation of Osteopath; and
  •                   Australia and New Zealand Podiatry Accreditation Council (‘ANZPAC’) for the occupation of Podiatry.

 

15. Due to a transformation in structural arrangements within the industry, the Medical Board of Australia is replacing State and Territory Medical Boards for the assessment of doctors.  This does not require the approval of the Education Minister or the Employment Minister, as full registration of doctors is accepted for General Skilled Migration purposes rather than a separate discrete skills assessment process.

16. All the assessing authorities were consulted in early May 2010 concerning the proposed move by the Department from ASCO to ANZSCO based occupations as a result of the ABS retiring the use of ASCO, and their agreement was obtained to assess additional ANZSCO occupations.

17. The following agencies or bodies were consulted about the introduction of the new Skilled Occupation List for the General Skilled Migration program: the Department of Innovation, Industry, Science and Research, the Department of the Prime Minister and Cabinet, the Treasury, the Department of Finance and Deregulation, the Department of Agriculture, Fisheries and Forestry, the Attorney-General’s Department, the Department of Education, Employment and Workplace Relations, the Department of Foreign Affairs and Trade, the Department of Health and Ageing, the Department of Resources, Energy and Tourism, and the Australian Trade Commission.

 

18. The Office of Best Practice Regulation’s Preliminary Assessment Checklist was used to determine that there will be no compliance cost on business and no other impacts on business and individuals or the economy.

19. The Instrument, IMMI 10/026, commences on 1 July 2010, immediately after the commencement of Migration Amendment Regulations 2010 (No. 6).

 

 

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