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General%20Skilled%20Migration

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Title: General%20Skilled%20Migration


1
General Skilled Migration Robert
Bailey Industry Outreach Officer
2
General Skilled Migration (GSM)
  • You can apply to migrate as a skilled person
    independently, or you can be sponsored by an
    eligible Australian relative or State/Territory
    government.
  • Requirements vary depending on which visa
    subclass you apply for.
  • In addition to the basic requirements, some visas
    require that you be assessed against a points
    test and obtain a pass mark.
  • There are two GSM streams Offshore (Outside
    Australia) and Onshore (In Australia).
  • The Onshore stream is for recent graduates who
    have completed two years of study in Australia.

3
Changes to GSM23 September 2009
  • New priority processing Direction gives priority
    to applications with
  • Employer sponsorship under ENS and RSMS
  • State or Territory Sponsorship with occupation on
    CSL
  • 3. Sponsorship by family with occupation on CSL
  • 4. An occupation on the CSL (Accountants if over
    7.0 IELTS on all bands)
  • 5. State or Territory Sponsorship with occupation
    not on CSL
  • 6. An occupation on the MODL or Sponsorship by
    family with occupation not on CSL
  • 7. All other applications listed on the SOL

4
  • Onshore GSM
  • visa structure

5
Onshore GSM Visa Structure
pass marks
120
100
100
6
  • Who can apply for an
  • Onshore GSM visa

)
7
Who can apply for an Onshore GSM visa?
  • To lodge a valid application for an Onshore GSM
    visa, applicants must
  • have either
  • Held an eligible student visa in the last six
    months and met the two year study requirement or
  • Have held a Trade Skills Training (TST), Skilled
    Recognised Graduate (subclass 476) or a Skilled
    Graduate (subclass 485), when applying for a
  • Skilled Independent (subclass 885) or Skilled
    Sponsored (subclass 886) visa or
  • Have held a Working Holiday Maker (WHM) or
    Occupational Trainee (OT) visa when applying for
    a Skilled Regional Sponsored (subclass 487)
    visa.

8
  • Core requirements when lodging a valid GSM
    application

9
General Skilled Migration Important requirements
when applying for an Onshore visa
  • Meet the age requirement
  • Meet the two year study requirement (where
    applicable)
  • Meet the English language threshold requirement
  • Be the holder of an eligible visa
  • Nominate a skilled occupation from the Skilled
    Occupation List (SOL) http//www.immi.gov.au/allfo
    rms/pdf/1121i.pdf
  • Health and police clearances
  • Pay the correct Visa Application Charge (VAC)

10
  • The Skilled Graduate
  • (Subclass 485) visa

11
Skilled - Graduate (Subclass 485)About this visa
  • New visa category for overseas students who are
    unable to immediately qualify for GSM on
    completing their studies
  • No work or study restrictions
  • Not points tested
  • Holders can reside anywhere in Australia
  • No sponsorship or nomination is required from an
    eligible relative or potential employer
  • Valid for 18 months from date of grant.
  • Applicants can only hold this visa ONCE (as the
    primary visa holder)
  • 485 visa holders can apply for a three year
    provisional or permanent GSM visa, or an employer
    sponsored visa at any stage of the visas
    validity

12
Skilled Graduate (Subclass 485)
visaEligibility Requirements
  • At time of application, main applicant must
  • be under 45
  • have met the two year study requirement in the
    last six months
  • have evidence that they meet the English language
    threshold.
  • have applied for a suitable skills assessment in
    their nominated 50 or 60 point occupation from
    the SOL which is closely related to their study
    (for which they were awarded a degree, diploma or
    trade qualification to meet the two year study
    requirement).

13
New processing priorities for 485
  • Priority processing for Subclass 485, in order
    of highest priority first
  • persons who have completed a PhD at an Australian
    educational institution in Australia
  • persons who have nominated an occupation on the
    CSL
  • persons who have completed a Bachelor degree and
    a Masters degree at an Australian educational
    institution in Australia
  • persons who have completed a Bachelor degree and
    an Honours degree (at least upper second class
    level) at an Australian educational institution
    in Australia
  • persons who have completed a Bachelor degree or a
    Masters degree at an Australian educational
    institute in Australia
  • all other valid applications are to be processed
    in the order in which they are received.
  • Greater focus on the skills we need in a changing
    labour market

14
  • Pathways to Permanent
  • Residence when holding a
  • Skilled Graduate 485 visa

15
Pathways for students via the Skilled - Graduate
visa
  • Eligible Student visa
  • Two years study
  • in last 6 months
  • Skills Assessment
  • English
  • Under 45



Employer Sponsored visa
Skilled Graduate Subclass 485
  • 100 points
  • Relative sponsor
  • living in a
  • designated area
  • 100 points
  • State/Territory
  • Nominator
  • 120 points
  • 100 points
  • State/Territory
  • Nominator
  • Two year residence
  • One year work
  • in regional Australia
  • 100 points
  • Relative sponsor

Skilled Independent Subclass 885
Skilled Sponsored Subclass 886
Skilled Regional Sponsored Subclass 487
Skilled Regional Subclass 887
16
  • Permanent Visa Options
  • Skilled Independent (Subclass 885)
  • Skilled Sponsored (Subclass 886)

17
Permanent onshore visa options
  • Student visa holders can directly apply for PR on
    completion of their studies
  • Skilled Independent (Subclass 885) visa or
  • Skilled Sponsored (Subclass 886) visa.
  • Applicants MUST meet a range of basic
    requirements
  • Under 45 when applying
  • Meet the two year study requirement in the last
    six months
  • Nominate an occupation from the SOL and receive
    suitable skills assessment in that occupation
  • Meet the English language requirement
  • Meet the prescribed pass mark and
  • Obtain sponsorship or nomination (Skilled
    Sponsored Subclass 886 visa only)

18
  • Provisional Visa Option
  • Skilled Regional Sponsored
  • (Subclass 487) Visa

19
Skilled Regional Sponsored (Subclass 487)About
this visa
  • This visa allows an applicant to live and work or
    study in a Specified Regional Area in Australia
    for up to three (3) years.
  • This visa is a 'provisional' visa.
  • To be eligible for this visa an applicant must be
    either nominated by a participating State or
    Territory government or, be sponsored by an
    eligible relative living in a designated area of
    Australia.
  • After an applicant has lived in a Specified
    Regional Area in Australia for at least two (2)
    years, and worked full time for periods totalling
    at least one (1) year, they can apply for
    permanent residence via the
  • Employer Sponsored program or
  • Skilled Regional (Subclass 887) visa.

20
Skilled Regional Sponsored (Subclass 487)
VisaEligibility Requirements
  • Has satisfied the two year study requirement in
    the last six months and study is closely related
    to the nominated occupation
  • Suitable skills assessment
  • Has been nominated by a state/territory
    government agency or sponsored by an eligible
    relative usually resident in a designated area of
    Australia
  • Has competent English, or vocational English if a
    trade occupation nominated or
  • Has concessional competent English if the
    applicant
  • is sponsored by an eligible relative who resides
    in a State or Territory in which arrangements are
    established for suitable English language
    training and has paid the fee or charge for that
    training or
  • is nominated by a State or Territory in which
    arrangements are established for suitable English
    language training and has paid the fee or charge
    for that training

21
  • State/Territory Nomination
  • and
  • Eligible Relative Sponsorship Requirements
  • Skilled Regional Sponsored
  • (Subclass 487 and 475) visas

22
State or Territory Nomination for the Skilled
Regional Sponsored (Subclasses 475 and 487) Visas
  • State or Territory Nomination
  • If you are being nominated by a participating
    State or Territory government, you must agree to
    live in regional Australia or a low population
    growth metropolitan area.
  • If you wish to move to another regional area to
    live and work, you must notify both your current
    and new nominating State or Territory government
    of this change.
  • It is important to note that Nomination from a
    State or Territory government does not
    automatically result in the grant of a visa. Your
    application must also be assessed by the
    Department of Immigration and Citizenship against
    a number of visa-specific requirements. You will
    only be granted a visa if all requirements are
    met.

23
Participating State and Territory governmentsfor
the Skilled Regional Sponsored (Subclasses 475
and 487) Visas
  • Participating State and Territory governments for
    this visa are
  • South Australia
  • http//www.immigration.sa.gov.au/site/index.php
  • Tasmania
  • http//www.development.tas.gov.au/migration/
  • Victoria
  • http//www.liveinvictoria.vic.gov.au/ViewPage.act
    ion
  • Western Australia
  • http//www.migration.wa.gov.au/
  • New South Wales
  • http//www.business.nsw.gov.au/migration/skilled_
    migration.asp
  • Queensland
  • http//www.migration.qld.gov.au
  • Northern Territory
  • http//www.migration.nt.gov.au/

24
  • The Two Year Study
  • Requirement

25
The Two Year Study Requirement
  • To meet the two year study requirement an
    applicant must have completed one or more
  • degrees, diplomas or trade qualifications for
    award by an Australian educational
  • institution as a result of a course or courses
  • registered on the Commonwealth Register of
    Institutions and Courses for Overseas Students
    (CRICOS) see http//cricos.deewr.gov.au/
  • completed as a result of at least two academic
    years study
  • completed in a total of no less than 16 calendar
    months
  • that the applicant studied in Australia while
    holding a visa that allowed study
  • for which all instruction was conducted in
    English
  • Applicants will need to demonstrate that they
  • were in Australia for any component of their
    study undertaken online (to a maximum of 25)
  • met the two year study requirement in the last 6
    months and
  • their studies were closely related to their
    nominated occupation
  • Students must have completed at least 92 weeks of
    CRICOS registered study

26
The Two Year Study Requirement (cont)
  • Intention is successful completion of the
    equivalent of two academic years study without
    benefit from credit or recognition of prior
    learning (RPL) which did not meet the conditions
    of the two year study requirement.
  • First consider the standard duration of the
    applicants course/s as registered on CRICOS.
  • In the simplest cases, where the student does not
    have any RPL
  • if using a single course to meet the two year
    study requirement, the course must have a
    registered duration of at least 92 weeks or
  • if the applicant is using more than one course to
    meet the two year study requirement, the courses
    must have a total registered duration of at least
    92 weeks.

27
The Two Year Study RequirementExample of RPL and
university studies
  • Applicant enrolled in a university course and
    received credit from
  • earlier studies
  • A student should be able to
  • - determine whether this credit was granted on
    the basis of study which met
  • the conditions of the two year study
    requirement (e.g. CRICOS registered, conducted
    in English, student was physically present in
    Australia etc)
  • - compare the standard duration of the course
    registered on CRICOS and
  • - the number of credit points necessary to
    complete the full course
  • to determine how many credit points an applicant
    would need to successfully complete in two
    academic years in that course.
  • For example
  • If an applicant enrolled in a Bachelor course
    with a standard duration of 3 years that
    comprised 48 credit points, they would have
    completed two academic years study when they
    completed 32 credit points

28
The Two Year Study RequirementAustralian
credited study which meets the two year study
requirement
  • Can contribute towards meeting the two year study
    requirement
  • May originate from an incomplete course
  • Can only be counted once i.e. when courses
    overlap and both courses are used towards
    meeting the two year study requirement any
    credited study will not count a second time
    towards meeting this requirement
  • Applicants should look at weighting of the
    credited study and not the weighting of the
    previous study for which credit was granted

29
The Two Year Study RequirementSuspension or
De-registration of a course
  • When a CRICOS registered course is suspended, the
    course is no longer listed on the CRICOS
    register. Students may need to provide evidence
    that the course was registered during the time
    they studied.
  • When a CRICOS course is deregistered and the
    student continues with the course of study, this
    study cannot be considered towards meeting the
    two year study requirement.
  • The only exception is where a course is
    deregistered less than two months before an
    applicant was due to complete the course, in
    which case it may be unreasonable to expect an
    applicant to change providers.

30

MODL Review
  • What
  • A review of the MODL has commenced and is
    expected to be completed in late 2009.
  • Aimed to make it a more strategic tool to
    identifying medium to long term skill needs.
  • Why
  • Develop a better link between skilled migrant
    employment outcomes and the national training
    agenda to ensure skilled migration is aimed at
    responding to future skill needs which cannot be
    addressed through domestic training and skills
    development.
  • When
  • Arrangements for the transition to the new MODL
    will be determined once the outcomes are settled.
  • The Critical Skills List will remain in place and
    will be phased out following the review.
  • Priority processing of CSL applications
  • Occupations which are listed on the CSL currently
    receive priority processing - this will continue.
    Once the Review is finalised, arrangements for
    the phasing out the CSL will be announced.
  • Nominated occupations currently on the MODL will
    continue to receive the specified MODL points
    until the Review is finalised.

31
General Skilled Migration (GSM)
  • ?? QUESTIONS ??
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