Migration Regulations 1994 - Specification under regulation 1.15H - Migration Occupation in Demand - June 2010

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EXPLANATORY STATEMENT

Migration Regulations 1994

 

MIGRATION OCCUPATION IN DEMAND

 

(REGULATION 1.15H)

 

  1. This Instrument is made under regulation 1.15H of Division 1.2 of Part 1 of the Migration Regulations 1994 (‘the Regulations’), and specifies each skilled occupation applicable to a person for the purposes of the definition of migration occupation in demand.

 

2.                  Regulation 1.03 of the Regulations provides that migration occupation in demand has the meaning given by regulation 1.15H.  Regulation 1.03 of the Regulations also provides that skilled occupation has the meaning given by regulation 1.15I.

 

3.                  Subregulation 1.15H(1) of the Regulations provides that migration occupation in demand, in relation to a person, means a skilled occupation of a kind that is specified by the Minister in an instrument in writing to be a migration occupation in demand and is applicable to the person in accordance with the specification. Subregulation 1.15H(2) provides that the Minister may specify in an instrument that a skilled occupation is a migration occupation in demand for a class of persons.

 

4.                  Subregulation 1.15I(1) of the Regulations provides that skilled occupation, in relation to a person, means an occupation of a kind is specified by the Minister in an instrument in writing to be a skilled occupation, for which a number of points specified in the instrument are available, and is applicable to the person in accordance with the specification.  Subregulation 1.15I(2) of the Regulations 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 who is nominated by a State or Territory government agency.

 

5.                  Item (1) of the Instrument revokes the previous Instrument number IMMI 10/001 signed by the Minister on 4 February 2010.

 

6.                  Item (2) of the Instrument specifies each skilled occupation listed in the Schedule to the Instrument as a migration occupation in demand as applicable to a person specified in the Instrument.   The occupations listed in the Schedule are unchanged from those specified in the previous Instrument, however they are now described with reference to the ANZSCO (Australian and New Zealand Standard Classification of Occupations) occupation codes, as well as to the ASCO (Australian Standard Classification of Occupations) codes as in the previous Instrument.  This reflects the changed operational requirements of the Department of Immigration and Citizenship from 1 July 2010 when ANZSCO will become the accepted descriptor of occupations. 

 

7.                  Item (2) of the Instrument also specifies the classes of persons to which the migration occupations in demand are applicable. 

 

8.                  Paragraph (2)(a) specifies the first class of persons to include a person who:

  • applied before 8 February 2010 for the grant of any of the following visas: Subclass 861 (Skilled – Onshore Independent New Zealand Citizen), Subclass 862 (Skilled – Onshore Australian-sponsored New Zealand Citizen), Subclass 880 (Skilled – Independent Overseas Student), Subclass 881 (Skilled – Australian-sponsored Overseas Student), Subclass 495 (Skilled – Independent Regional) (Provisional), Subclass 175 (Skilled – Independent), Subclass 176 (Skilled – Sponsored), Subclass 475 (Skilled – Regional Sponsored), Subclass 487 (Skilled – Regional Sponsored); Subclass 885 (Skilled – Independent), or Subclass 886 (Skilled – Sponsored); and
  • that application had not been finally determined, within the meaning of subsection 5(9) of the Migration Act 1958, on 8 February 2010.  

 

9.                  Paragraph (2)(b) specifies the second class of persons to include a person who:

  • held a Subclass 485 (Skilled – Graduate) visa on 8 February 2010, or had applied before 8 February 2010 for the grant of a Subclass 485 (Skilled – Graduate) visa 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
  • before 1 January 2013 makes an application for a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa or a Subclass 487 (Skilled – Regional Sponsored) visa.

 

10.              Points for having a migration occupation in demand will be available under Part 7 of Schedule 6A and Part 6B.7 of Schedule 6B to the Regulations only to applicants in the specified classes who have nominated one of the skilled occupations specified as a migration occupation in demand.   The migration occupations in demand will not apply to any other applicants. 

 

11.              Applicants in the specified classes who applied prior to 1 July 2010 nominating an occupation with reference to an ASCO code, and whose application was not finally determined, within the meaning of subsection 5(9) of the Migration Act 1958, before 1 July 2010, will continue to be eligible for points on and after 1 July 2010 as the Instrument will continue to specify occupations with reference to ASCO codes.  Applicants applying on and after 1 July 2010 will need to nominate an occupation with reference to the relevant ANZSCO code.

 

12.              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.  This is the ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) and is available online at http://www.abs.gov.au.
  • ASCO means, under regulation 1.03 of the Regulations, the Australian Standard Classification of Occupations, 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.

 

13.              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 Department of Education, Employment and Workplace Relations, and the Department of Infrastructure, Transport, Regional Development and Local Government.

 

14.              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.

 

15.              The Office of Best Practice Regulation was consulted and advised that because changes from ASCO to ANZSCO are a consequence of the new approach adopted by the Australian Bureau of Statistics for classifying occupations, no regulation impact statement or business cost calculator report was required.

 

16.              This Instrument number IMMI 10/025 commences on 1 July 2010, immediately after the commencement of Migration Amendment Regulations 2010 (No. 6).

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