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(3)(ab)(ii), 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 11/068 signed on 28 September 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 July 2012.

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 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.

12. The purpose of the Instrument also:

• provides access to the skilled occupations lists in effect prior to 1 July 2011 for applications lodged prior to 1 July 2011; and
• ensures that the transitional arrangements announced by the Government on 8 February 2010 continue to have effect; and
• ensures that applicants who are eligible for transitional arrangements and who lodged an application on or after 1 July 2011 but before 1 July 2012 retain access to the skilled occupation list in effect on 8 February 2011;

13.              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.

14. 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.

15. 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 13758).

16. The Instrument number, IMMI 12/068, commences on 1 July 2012.

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