AUSTRALIA - SKILLED MIGRATION

OVERVIEW

Skilled Migration to Australia is the largest component of Australia's intake of migrants.
Applicants with professional, business or trade skills usually have the highest level of employment and personal / professional achievement.

The different categories of visas applicable areas follows:

Business/Investor Skills Visa:

This visa category aims to attract applicants who can satisfy legislated criteria regarding business skills, nett assets, age, English language skills, etc. in the following spheres:

• Business-persons who owned and operated substantial business(es) in their home country;
• Senior Executives who were employed in substantial business(Es) in their home country;
• Investors with substantial business and/or investment portfolios;
• Businesspersons who have adequate resources and are willing to set up or purchase a business(Es) in Australia;
• Businesspersons who have adequate resources and are willing to set up or purchase a business(Es) in regional Australia.
  

There are many sub-categories in this visa class. Please refer to a whole section devoted to "Business Skills Migration", showing the various sub-categories, key requirements, additional information and "Points Tests" summaries. For full details and self Assessment for the first of the "Business Skills - Points Tests", click here (This information is available to Members only).

Labour Agreement Visa:

There is a shortage of skilled workers in certain industries or professions. Special "Labour Agreements" are made between employers, trade unions and government to address these shortages, where all parties agree that migration of skilled persons is justified. In such cases, "Labour market testing" (LMT) is not required.

This visa category covers applicants who have been nominated by their employer. The employer quotes the relevant labour agreement reference on the nomination form. Applicants can be either overseas or physically in Australia holding certain prescribed visas.

Employer Nomination Scheme (ENS) Visa:

This visa category allows Australian employers to nominate highly skilled persons for migration to Australia. The following criteria have to be met:

• The person nominated for employment must be highly skilled, have qualifications, have necessary experience (usually a minimum of three years), and be eligible for any licensing requirements of the occupation;
• The person nominated for employment must have vocational English skills;
• Wages/conditions offered must be according to Australian Awards as applicable to that occupation;
• An employment Contract is usually required between employee and employer, valid for three years and with certain mandatory clauses regarding termination and renewal. certain waivers may apply.
• Employer must have a satisfactory record of training Australian workers;
• The person nominated for employment must usually be under 45 years of age;
  

Applicants can be either overseas, or physically in Australia holding certain prescribed visas.

Regional Sponsored Migration Scheme (RSMS):

This visa category is similar to the "Employer Nomination Scheme (ENS)" mentioned above, but specifically caters for any "rural" employers within a prescribed "Rural Development Organisation" (RDO). When a "rural" employer cannot find a suitable local Australian worker, he can nominate a foreign worker for migration to Australia. Requirements are very similar to "Employer Nomination Scheme":

• The person nominated for employment must be highly skilled, with at least a diploma, have necessary experience (usually a minimum of three years), and be eligible for any licensing requirements of the occupation;
• Usually, the person nominated for employment must have functional English skills;
  
• Wages/conditions offered must be according to Australian Awards as applicable to that occupation;
  
• Employer must prove that they could not find a local person suitable for the job;
  
• An employment Contract is usually required between employee and employer, valid for two years and with certain mandatory clauses regarding termination and renewal.
  
• Employer must have a satisfactory record of training Australian workers;
  
• The person nominated for employment must usually be under 45 years of age

Distinguished Talents Visa:

Persons with exceptional talents in the fields of sport, research, arts and professions, etc. Can apply for migration to Australia under this visa category. This also includes persons whose special abilities would represent a clear gain to Australia.

Persons applying under this category may or may not need to be sponsored by an Australian individual or organisation. Applicants can be either overseas, or physically in Australia holding certain prescribed visas.

Skilled - Independent Visa:

This visa category is for applicants who cannot be nominated or sponsored for migration to Australia.
They are assessed on their own skills and qualifications.
From 1 July 1999, applicants must meet the three "threshold criteria":

• They must have skills in a "designated occupation" as listed in Australian Standard Classification of Occupations (ASCO). Click here to see the ASCO List.
• They must be under 45 years of age;
• They must have at least"vocational English" skills.
  

"Skilled - Independent" applicants must have their qualifications and skills pre-assessed before submitting an application. This "Pre Application Skills Assessment" (PASA) must be done through a recognised Australian assessing authority (NOOSR, VetAssess, etc.), otherwise application will not be valid.

"Pass mark" and "Pool mark":

The applicants must also score the required points in the "Skilled Migration Points Test".
This information is available to Members only. If you are not already a member, you can join up now.

• The current "pass mark" is 120 points.
• The current "pool mark" is 70 points.
  

This means that the applicants who score between 70 and 115 points are placed in a "pool" for 12 months. During these 12 months, the applicants may be offered a position in the migration program if there are not enough skilled applicants who made the "pass mark", or if the "pass mark" is lowered by legislation.

Skilled State/Territory Nominated Independent

Applicants who applied under the "Skilled - Independent" category (mentioned above), and reached the "pool mark" may seek sponsorship from an Australian State/Territory government agency and apply for the Skilled State/Territory Nominated Independent (visa subclass 137) at no extra charge.

This visa category can only be applied for through an overseas Consulate/Embassy.

Skill Matching Visa:

Applicants who meet the three "threshold criteria" may also apply for Skill Matching (visa subclass 134).
Subject to an Australian State/Territory government agency having the need for such a suitably qualified person, the applicant may be offered a place in Australia's migration program. There is no visa fee payable at the time of application.

Skilled - Independent Regional Visa:

Skilled - Independent Overseas Student (Residence)

From 1 July 2001, this visa subclass was created to enable successful Tertiary qualified overseas students in Australia, who meet certain requirements, to apply for general skilled migration visas whilst still in Australia.

Criteria: Very similar to the criteria for existing subclasses 136 (Skilled Independent) (see above).

Skilled - Austr. Sponsored Overseas Student (Residence) 

Skilled - Designated Area Sponsored Overseas Student (Residence)

From 1 July 2001, this visa subclass was created to enable successful Tertiary qualified overseas students in Australia, who meet certain requirements, to apply for general skilled migration visas whilst still in Australia.

Criteria: Very similar to the criteria for existing subclasses 138 (Skilled -Australian Sponsored) and 496 (Skilled - Designated Area Sponsored) (see below).

Skilled - Australian Sponsored

Skilled - Designated Area Sponsored(Provisional)

This visa category is for applicants who have relatives in Australia who are able to act as sponsors. In the case of a married couple, the main applicant will usually be the one sponsored by a relative in Australia. But exceptions do apply - please contact us for details!

For "Skilled - Australian Sponsored" category, the sponsor must be a related of the main applicant as follows:

• parent;
• brother/sister;
• non-dependent child;
• uncle/aunt
  

For "Skilled - Designated Area Sponsored" category, the sponsor can also be a grand-parent or first cousin of the main applicant.

Similar to the "Skilled - Independent" category, the following criteria will apply:
The applicants must meet the three "threshold criteria":

• They must have skills in a "designated occupation" as listed in Australian Standard Classification of Occupations (ASCO).
  Click here to see the ASCO List.
• They must be under 45 years of age;
• They must have at least"vocational English" skills.
  

"Skilled - Australian Sponsored" applicants must have their qualifications and skills pre-assessed before submitting an application. This "Pre Application Skills Assessment" (PASA) must be done through a recognised Australian assessing authority (NOOSR, VetAssess, etc.), otherwise application will not be valid.

"Pass mark" and "Pool mark":

The applicants must also score the required points in the "Skilled Migration Points Test" (Click here).
This information is available to Members only. If you are not already a member, you can join up now.

• The current "pass mark" is 110 points.
• The current "pool mark" is 105 points.
• This means that the applicants who score 105 points are placed in a "pool" for 12 months. During these 12 months, the applicants may be offered a position in the migration program if there are not enough skilled applicants who made the "pass mark", or if the "pass mark" is lowered by legislation.
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Assessment of Skills, Qualifications and Language Abilities:

The question of whether an applicant's skills or qualifications are recognised in Australia can be important, and often means the difference between approval and rejection, particularly in application where a "points test" is applied.

From 1 July 1999, applicants in the "Skilled - Independent" and "Skilled Australian Sponsored" visa categories are required to have their skills and qualifications pre-assessed.(PASA - Pre-Application Skills Assessment).

Pre-Application Skills Assessment (PASA):

PASA is a Schedule 1 criterion, i.e. applicants must undergo PASA before lodgment of application.

1. Applicants must nominate a "designated occupation" for which they have relevant qualifications.
   (Click here to see the LATEST LIST of Australian Designated Occupations.).
   This information is available to Members only. If you are not already a member, you can join up now.
   
   
2. Various approved Assessing Authorities are appointed for assessing various "designated occupations".
   (Click here for List of "Approved Assessing Authorities")
   This information is available to Members only. If you are not already a member, you can join up now.
   
   
3. Applicants must seek assessment from the relevant Assessing Authority.
4. All qualifications - obtained overseas or from Australian institutions - must be assessed.
5. As assessment made by a relevant Assessing Authority will remain valid for 12 months.

Australian Standard Classification of Occupations (ASCO):

The Australian Depart of Immigration (DIMA) uses the ASCO Dictionary which is produced jointly by the Australian Bureau of Statistics (ABS) and Department of Employment & Training (DETYA). This Dictionary is used extensively for assessing qualifications and skill levels for applicants.

Occupations are classified by major groups, sub-major groups, minor groups, individual occupation codes and specialisations. Each group heading gives a summary of the skill level required and the types of tasks performed by persons within the group. As we move down the group structure, the descriptions become more and more refined. In the occupation code, the detailed description of tasks are also listed. In an application for "skills assessment" or a migration application, an applicant is required to give a detailed description of tasks performed in his/her occupation, which is compared with that in the ASCO Dictionary.

Hence it is important that the precise nature of the tasks performed are given, as it is not unusual for, say, a Marketing Officer with a bachelors degree to have been classified as a non-professional sales representative requiring only a Diploma certificate. Many applicants have been assessed incorrectly. You must use the services of your Licenced Migration Consultant at EASYMIGRATE CONSULTANCY SERVICES who can assist you with careful and accurate description of duties performed.

Click here to see the LATEST LIST of Australian Designated Occupations.
This information is available to Members only. If you are not already a member, you can join up now.

Country Education Profiles (CEP):

Another useful publication is the Country Education Profile (CEP), published by NOOSR. There is one CEP booklet for each country, ad describes the education system of the country in detail. It also gives a set of guidelines for assessment of higher educational and technical qualifications awarded by the country's educational institutions and their comparison to Australian standards.

The profiles list educational institutions by groups and will specify:

• List of degrees from each of the institutions that are equivalent to an Australian Degree.
• List of degrees from each of the institutions that are equivalent to an Australian Diploma.
• List of degrees from each of the institutions that are equivalent to 2 years of Tertiary Study in Australia, etc.

Assessing Authorities:

From 1 July 1999, the Australian Government has appointed a number of assessing authorities. Each Authority is responsible for the assessment of certain skills in the context of their recognition in Australia, and how many points the "designated occupation" can attract on the "Skilled Migration Points Test".

The three main assessing authorities are:

• National Office of Overseas Skills Recognition (NOOSR)
• Trades Recognition Council (TRA)
• Vocational Education and Training Assessment Services (VETASSESS).

There are approximately 20 other assessing bodies (Architects, Computers, Dentists, Maritime, Nursing, Accountancy, Engineers, Surveyors, Welfare Workers, etc.) in Australia.

When you appoint a Licenced Migration Consultant at EASYMIGRATE CONSULTANCY SERVICES
[see "Professional Assessment", "Silver Service Consultancy" or "Gold Service Consultancy" options],
he/she will be able to give you detailed information and also submit your skills and qualifications for assessment to the relevant assessing authority.

English Tests:

English language proficiency is a threshold criterion for applicants in "Skilled - Independent" and "Skilled - Australian Sponsored" visa categories, and is also a requirement for "Employer Nomination Scheme (ENS)" applicants. Applicants claiming to have English skills are required to produce evidence of their proficiency. Under the PASA system, it is preferred that applicants sit for an English test before lodging their application.

Occupational English Test (OET):

In some occupations, e.g. nurses, an OET English Test is required as part of the professional qualifications. The OET Test is conducted by the National Languages and Literacy Institute of Australia (NLLIA).

International English Language Test System (IELTS):

The IELTS Test is the preferred English language test for applicants whose occupation does not require an OET Test. The IELTS Tests are conducted on a worldwide basis by the British Council. Visit www://ielts.org later for a list of IELTS addresses worldwide.

English proficiency requirements:

"Vocational English":

The evidence that an applicant has "vocational English" skills is usually provided by:

• The applicant having passed the Occupational English Test (OET) within the last 12 months, or
• The applicant achieving a test result of 5.0 in each of the four test components in the (IELTS) test conducted within the last 12 months.

Designated Occupation:

Designated occupations are gazetted by the Australian Government and consist of most of the occupations in Major Groups 1 to 4 in the ASCO Dictionary, with the exception of some occupations in over-supply, e.g. medical practitioners. Applicants for the "Skilled - Independent" and "Skilled - Australian Sponsored" visa categories will need to nominate a "designated occupation" in their migration application. They must have their skills and qualifications assessed for this "designated occupation" through a relevant Assessing Authority. This needs to be done prior to lodging the applications.