Introduction of a new Skilled Occupation List (SOL)

July 2010

Introduction of the new Skilled Occupation List (SOL)• On 17 May 2010, the Minister announced the list of occupations to be

included in the new SOL.

• The list, which is based upon advice provided by Skills Australia, has formed a new SOL which was implemented on 1 July 2010.

Introduction of the new SOL

What are the features of the new list? • The new list is a smaller, more targeted, list of priority occupations required

to meet Australia’s medium to long-term skill needs. It contains 183 occupations compared to the 400 that were on the previous SOL.

• It will be reviewed annually and will deliver a mix of skills across the professions and trades in areas such as healthcare, engineering and mining.

• The research methodology used by Skills Australia is available on the Skills Australia website: http://www.skillsaustralia.gov.au/

The new SOL applies to:• The new SOL applies to all new applications lodged on or after the

date of implementation, that is from 1 July 2010.

• However, generous transitional arrangements apply for those who at 8 February 2010:

•held a Subclass 485 Skilled-Graduate (temporary) visa or had a pending Subclass 485 visa application and are yet to apply for a permanent or provisional onshore GSM visa; or• had a pending GSM visa application.

These people would be able to use the previous SOL, including some 400 occupations when they apply for a provisional or permanent GSM visa before 31 December 2012.

Transitional arrangements

• In addition, the new SOL will not affect applicants who on 8 February 2010 held one of the following students visas:

•Subclass 572 – Vocational Education and Training Sector Visa•Subclass 573 – Higher Education Sector Visa •Subclass 574 - Postgraduate Research Sector Visa

when they apply for a Subclass 485 (Skilled Graduate) visa before 31 December 2012.

• However, if overseas students who held one of the above students visas on 8 February 2010 wish to apply for a permanent or provisional GSM, they must nominate an occupation on the new SOL.

Transitional arrangements

Who is affected?

Groups affected the changes Revocation of the MODL from 8 Feb 2010

Introduction of new SOL from 1 July 2010 (Transitional provisions subject to approval of the Governor-General in Council)

Applicants who applied for GSM before 8 February 2010

No No

Subclass 485 visa applicants and holders as at 8 Feb 2010, yet to apply for permanent or provisional GSM

No, provided they apply for a permanent or provisional GSM visa before 31 December 2012

No, provided they apply for a permanent or provisional GSM visa before 31 December 2012

International students who held a Higher Education, Postgraduate Education or VET sector student visa on 8 Feb 2010

Yes Yes, except for Subclass 485 applications made before 31 December 2012

International students who held a bridging visa on 8 Feb 2010

Yes Yes

All other future GSM applicants Yes Yes

I am an overseas student interested in applying for GSM. Myoccupation is on the new list. How am I affected by thesechanges?

• If your nominated occupation is on the new list, you will be able to apply for a GSM visa, provided that you also meet all the other criteria applicable at the time you apply.

International Students & their options

I am an overseas student interested in applying for GSM. Myoccupation is not on the new list. Can I still apply for GSM?

• If on 8 February 2010 you held a Subclass 572 (Vocational Education andTraining Sector), a Subclass 573 (Higher Education Sector) or Subclass 574 (Postgraduate Research Sector) Student visa, the new list of occupations will not apply to you when you apply for a Subclass 485 (Skilled Graduate) visa before 31 December 2012.

• To apply for a permanent or provisional GSM visa after 1 July 2010, you will need to nominate an occupation on the new SOL.

• If your occupation is not on the new list, you may wish to investigateyour eligibility for a Subclass 457 (Business Long Stay) visa or nomination by a State/Territory government if your occupation is on their State Migration Plan.

International Students & their options

I am an overseas student interested in applying for GSM. I was granted my Student visa after 8 February 2010 How do the changes affect me?

• If you were granted a Student visa after 8 February 2010 you are not eligible to access any of the transitional arrangements.

• To apply for a permanent or provisional GSM visa, you will need to nominate an occupation on the new SOL.

• If your occupation is not on the new list, you may wish to investigateyour eligibility for a Subclass 457 (Business Long Stay) visa or nomination by a State/Territory government if your occupation is on their State Migration Plan.

International Students & their options

I am an overseas student interested in applying for GSM. I was granted my Student visa after 8 February 2010 and the course I am studying will not qualify me for an occupation on the SOL. Can I change my course of study?

• It is possible for you to change your course of study, but you should seek aletter of release from your education provider if you wish to study at a newinstitution.

• Education providers cannot enrol a student who has not completed 6 months of their principle course of study.

• You must remember that the new SOL will be reviewed and updated annually. There is no guarantee that the course you change to will qualify you for an occupation that is on the SOL which is in effect at the time you complete your studies.

International Students & their options

• More information on the list of occupations on the new Skilled Occupation List, is available on the Department of Immigration and Citizenship’s website at: http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

• The Department is also operating a phone line dedicated to responding to enquiries on the new list of occupations and General Skilled Migration. The contact number is 1300 735 683.

Further information on the new SOL

Skilled Migration• Skilled stream migrants must meet strict

selection criteria based on skills, qualifications, age and English language ability.

• Alternatively they must have business skills and experience and significant capital to bring to Australia to develop new business opportunities.

General Skilled Migration (GSM)

The GSM program, is for people who are not sponsored by an employer and who have skills in particular occupationsrequired in Australia. Applicants must be:

• under 45 years of age• have good English language ability• recent skilled work experience or a recently completed eligible

Australian qualification• skills and qualifications for an occupation listed on the Skilled

Occupation List (SOL)

Further information is available at www.immi.gov.au/skilled/general-skilled-migration/

Skilled – Graduate (Temporary) visa (subclass 485)

This visa is for you if you are an overseas student who:

• is under 45 years of age• has Competent English at time of application (IELTS score of 6) • in the last six (6) months has completed an eligible qualification(s)

as a result of at least two (2) years study in Australia • has the skills and qualifications that meet the Australian standard for

an occupation on the *Skilled Occupation List (SOL) *Note transitional provisions.

Further information is available at www.immi.gov.au/skilled/general-skilled-migration/485/

Options that may be available to people who are not able to apply for independent general skilled migration:

• Employer Nomination Scheme (ENS)

• Regional Sponsored Migration Scheme (RSMS)

• Nomination by a State or Territory, if their nominated occupation is on a State or Territory’s State Migration Plan (State and Territory Migration Plans are expected to be implemented in late 2010).

• Temporary Business (Long Stay) subclass 457

Other options – Employer sponsored

Temporary Business (Long Stay) 457 visa

The 457 visa is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis for a period of between one day and four years.

• Employer – applies to be a sponsor to recruit overseas workers – nominate the occupation they want to fill, and the employees they want to fill those positions – act as a sponsor for their employees applying for a visa – cooperate with department's monitoring requirements – meet obligations as part of the program

• Employee – accepts the offer of employment from the employer – applies for a visa – meets all conditions on their visa

• For further information on this visa and important information relation to the sponsor obligations, please see: www.immi.gov.au/skilled/skilled-workers/sbs/

Employer Nomination Scheme (ENS) 856/121

The employee must meet one of the following requirements:

▪ have worked in the nominated occupation for the last 2 years (and worked for the employer who is sponsoring them for the last year); or

▪ position with salary of more than $165,000 per annum; or

▪ have had their skills assessed by the appropriate authority

The nominated occupation must be included on the: Employer Nomination Scheme Occupation List (ENSOL)

Further information on ENS is available at http://www.immi.gov.au/skilled/skilled-workers/ens/

Regional Sponsored Migration Scheme (RSMS) 119/857

The Regional Sponsored Migration Scheme (RSMS) is for employers in regional or low population growth areas of Australia, to sponsor skilled workers to fill skilled vacancies in their business on a permanent visa.

• Available across Queensland except Brisbane and Gold Coast areas

• Support of Regional Certifying Body (RCB) required

• Broader range of occupations permitted

• Employer must offer 2 year full-time contract of employment

Further information on RSMS is available at www.immi.gov.au/skilled/skilled-workers/rsms/

workliveplay.qld.gov.au

State SponsorshipQueensland Skills Matching Database

www.workliveplay.qld.gov.au

Skilled and Business Migration Email: workliveplay@qld.gov.au Phone: (07) 3405 6512

Questions