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, SUBREGULATIONS 2.26AA, 2.26AB AND 2.26B(1), SUBPARAGRAPHS 1128BA(3)(j)(ii), 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1218A(5)(g)(ii), 1218A(5)(g)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) AND 1229(7)(b)(ii) AND 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’), subregulations 2.26AA, 2.26AB and 2.26B(1) of Division 2.6 of Part 2 of the Regulations, subparagraphs 1128BA(3)(j)(ii), 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1218A(5)(g)(ii), 1218A(5)(g)(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. This Instrument revokes Instrument IMMI 11/034 signed on 16 June 2011.

3. Regulation 1.03 of the Regulations provides that the term skilled occupation has the meaning given in regulation 1.15I.  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 subregulation 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 or the spouse or de-facto partner of a person who is nominated by a State or Territory government agency.

5.                   Subregulation 2.26AA(2)(a) provides that prescribed qualifications and number of points applies to an applicant for a points-tested General Skilled Migration visa if the applicant is a person, or a person in a class of persons, specified in an instrument in writing made by the Minister.

6.                   Subregulation 2.26AA(2)(b) provides that the application is made on or after 1 July 2011 but before 1 January 2013.

7.                   Subregulation 2.26AB(2)(a) provides that prescribed qualifications and number of points for other applications for General Skilled Migration visas applies to an applicant for a points-tested General Skilled Migration visa if the applicant is a person, or a person in a class of persons, specified by the Minister in an instrument in writing.

8.                   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.

9. Subparagraphs 1128BA(3)(j)(ii), 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1218A(5)(g)(ii), 1218A(5)(g)(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.

10. All applicants seeking to satisfy the primary criteria for a Skilled visa must nominate a skilled occupation and have their skills assessed as suitable for that occupation by the relevant assessing authority. 

11. The purpose of the Instrument is to:

• provide access to the skilled occupations lists in effect prior to 1 July 2011 for applications lodged prior to 1 July 2011; and
• ensure that the transitional arrangements announced by the Government on 8 February 2010 continue to have effect; and
• ensure that applicants who are eligible for transitional arrangements and who lodged an application on or after 1 July 2011 retain access to the skilled occupation list in effect on 8 February 2011;
• address the validity of certain General Skilled Migration (GSM) skills assessments made after an amendment to the Regulations came into effect on 1 July 2007 (such amendment stated that the Minister for Immigration must not make an instrument that specifies a relevant assessing authority for an occupation unless the body was approved in writing by the Education Minister or Employment Minister);
• subsequently, specify assessing authorities for an occupation that have been approved in writing by the Education Minister or Employment Minister.

12. Consultations with the Department of Education, Employment and Workplace Relations were undertaken, as necessary.

13. 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 13063).

14. The Instrument, IMMI 11/068, commences on 1 October 2011

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