Overview

The Migration Regulations 1994, as amended by Instrument IMMI 11/034, were enacted to provide a framework for skilled occupations, relevant assessing authorities, countries, and points for general skilled migration visas and certain other visas. This legislative instrument addresses the need to maintain access to skilled occupation lists in effect prior to 1 July 2011 for applications lodged before this date while ensuring that transitional arrangements announced by the Government on 8 February 2010 remain effective. The instrument also ensures that eligible applicants who lodged their applications on or after 1 July 2011 retain access to the skilled occupation list in effect on 8 February 2011, and it implements the Regulations allowing partner points to be awarded based on a spouse or de-facto partner's occupation on the same version of the skilled occupations list as the primary applicant. The instrument, which is of a minor or machinery nature and does not substantially alter existing arrangements, was made under the authority of the Migration Act 1958 by the Minister for Immigration and Citizenship, and consultation was deemed unnecessary under section 18 of the Legislative Instruments Act 2003.

Scope and Application

The Migration Regulations 1.15I, subregulations 2.26AA, 2.26AB and 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), and Items 6A11, 6A12 and 6A13, made under the Migration Act 1958, govern the qualifications and points system for skilled occupations and the relevant assessing authorities for general skilled migration visas and other specific visas. This legislation applies to applicants who are individuals or entities seeking various skilled migration visas, including the Skilled (Migrant) visa, Skilled (Provisional) visa, and others. It mandates that these applicants nominate a skilled occupation and have their skills assessed by the relevant assessing authority specified in the Regulations. The scope of the legislation is national, as it pertains to the Commonwealth of Australia and its visa application processes. There are no specific exclusions mentioned in the text, but the application is conditional upon the applicants' compliance with the points and qualifications criteria outlined in the Regulations. The application of this legislation can be extended or modified through subordinate instruments, such as those detailing the specific skilled occupations and assessing authorities.

Key Provisions

The main sections of the legislation (Regulations 1.15I, 2.26AA, 2.26AB and 2.26B(1), and 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), 1229(7)(b)(ii)) establish the framework for skilled occupations, relevant assessing authorities, and points for general skilled migration visas. Regulation 1.15I allows the Minister to specify occupations as skilled and assign points for them. Subregulations 2.26AA(2)(a) and 2.26AB(2)(a) assign points and qualifications for applicants under specific circumstances, while subregulation 2.26B(1) allows the Minister to designate assessing authorities for skilled occupations. Additionally, subparagraphs 1136 and 1229 address the specific requirements and conditions for various skilled migration visas. The Act imposes several obligations on the parties involved. Firstly, applicants for skilled migration visas must nominate a skilled occupation and have their skills assessed by the relevant assessing authority specified in the Regulations. The relevant assessing authorities are responsible for evaluating the skills and qualifications of applicants to ensure they meet the requirements for the nominated skilled occupation. The Minister, in turn, has the authority to specify skilled occupations, points, and relevant assessing authorities through written instruments. Furthermore, the Regulations ensure that applicants eligible for transitional arrangements retain access to the skilled occupation list in effect on 8 February 2011, thereby maintaining continuity in the application process. The Regulations also outline potential penalties and consequences for non-compliance. While specific penalties are not detailed in the provided text, it is known that breaches of the Migration Regulations 1994 can lead to serious civil and criminal consequences. The severity of these penalties can vary widely depending on the nature and extent of the breach, but they may include fines, imprisonment, or both. It is essential for applicants and relevant assessing authorities to adhere strictly to the requirements set forth in the Regulations to avoid these potential repercussions. The legislation ensures that the skilled occupation lists and transitional arrangements remain effective for applicants who lodged their applications before and after 1 July 2011. By specifying the skilled occupations, relevant assessing authorities, and points for various visas, the Regulations provide clarity and consistency in the skilled migration process. Failure to comply with these provisions can result in significant civil and criminal penalties, underscoring the importance of adhering to the established guidelines.