Skilled Migration for Permanent Residence

All skilled visas are lodged at and processed by the Australian Department of Immigration at centres in Australia. None are processed by Australia’s Embassies or High Commissions or Consulates overseas. 

 Hallmark Immigration is very well placed to advise and assist skilled migrants. The firm is located in Sydney on the eastern seaboard, the hub of Australian commerce and opportunity.  NSW is Australia’s premier state....the oldest and most populated. On the ground in Sydney, Hallmark is positioned to be close to migration policy setting trends, regulation developments, local conditions being addressed by the regulations, and the labour market climate. 

 In the context of world economic trends the Australian government reduced its target from 133,500 skilled visa grants to 115,000* mid-stream in 2008-09 financial year.  The target is set for 108,000 for the 2009/2010 financial year ending 30 June 2010. The Federal Budget 11th May 2010 announced a target for the skilled stream of 113,850 for 2010/2011. 

In a nutshell, Australia has a skills based migration policy, now looking to be "demand driven" rather than "supply pushed". In 2010 Australia will be recalibrating its points system, retargeting on much needed occupations, and using priority processing and state government sponsoring input to deliver the skills needed, when and where they are needed in the economy.  Key components in this mechanism are use of a critical skill list, migration occupations in demand list, an underlying skilled occupation list and an expanded list for employer nominations. Reviews are currently underway to consolidate these into a Future Skill List ( 1 July 2010) but the transition means that the mechanism still works with the various lists in some way. During this transition Processing Priority is a central consideration. Acceptance of applications for skilled migration (with the exception of graduating international students) has been suspended until the new Skilled Occupation List has been put in place on 1st July 2010. This new SOL was released as a preliminary on 17th May 2010. See tab above. 

Processing Priority

The Department of Immigration is focusing, on the following:

 1. Ensuring those on temporary work visas in Australia, already in employment, can progress to permanent residence, more so than at present. Employers can also nominate migrants recruited offshore into their organisations directly also, before employment commences. There are 80 additional occupations on the “ENSOL” to that on the Skilled Occupation List (SOL).

 2. Allowing state governments such as New South Wales (NSW) greater scope for identifying, for their sponsorship, particular skill needs presently and forecast in the state and by region, considering particular industries and professions. The states impose additional conditions on those sponsored such as language capability and funding for settlement.

 3. Priority processing will be given to independent applications from those with occupations and work experience on the CRITICAL SKILLS LIST (CSL). This concentrated largely on medical and key IT professionals, engineers and some in the aviation and construction trades. In December 2008 there were 57 on this newly created list of occupations. But the list is readily variable and was reduced to 41 on the 17 March 2009 to exclude most trades.

 4. The next priority of processing was for occupations on the Migration Occupations in Demand List (MODL).  This had concentrated on a broader range of much demanded occupations and awarded points. There were 104 occupations that were readily reviewable. However this list was restricted, on the 8th February 2010, to international students who had graduated in Australia and were holding a temporary visa permitting work, to allow them to proceed with their plan of finding employment in a qualifying skilled field. Holding an occupation on the MODL no longer helps with points. Effectively the MODL is abolished for the points test. 

 5a. Others holding occupations on the Skilled Occupation List (SOL), an entry requirement for the points test, will be processed after the above priorities. Sponsorship by relatives in Australia reduces the points total required and affords a priority to those without that sponsorship.  There are 402 occupations listed presently, subject to its replacement by the Future Skills List on 1st July 2010.

 5b. International students graduating from Australian educational institutions are awarded points for their Australian study when the two year test is met. Their occupation is awarded based on study preparation with its relevance. There is no work experience test. A further temporary work visa to the student visa is available, if needed, for graduating students to permit activity eg language courses and work experience, adding to the point scores to meet the required levels. Trades occupations are now subject to a Job Ready Test (from 1st January 2010) making the skill assessment more comprehensive.  (This process is done over 4 stages and the cost exceeds $4550.)

 Hallmark Immigration is well placed to understand the volatility of the local scene in terms of policy and the current employment trends, on the ground, in Sydney Australia. It understands the occupations and what it constitutes to be viewed as holding that occupation under the regulations. This is important to ensure the application is decision ready when lodged. And that is the case throughout all of the above classes of processing protocol.

 Professional assistance with the key factor in skilled migration is very beneficial. The key factor is the very very thorough classification of the occupation referring to codified requirements of that occupation. Then there is the negotiation of the requirements of the Assessing bodies prior to any lodgement. And then further there is application of the migration regulations to determine that you hold that occupation, matched to what you actually do and then the degree of experience you have.  The precise application of the points test follows.  Hallmark Immigration can materially assist in these most crucial steps.  This should be in advance of any lodgement of a visa application.

 And being in Australia (on location) Hallmark Immigration can materially assist with your representations for sponsorship from state governments, apart from NSW, including Victoria, Queensland and the other states. 

 Engage Hallmark Immigration to find the most practical option for you and to commence and manage the whole process for you. It encompasses not only the primary applicant but also the family unit and any complications. Windows of opportunity need to be accessed.

Processing priorities have been determined by the Minister as at 8th February 2010 in Ministerial Direction No.45.  This tabulation following reflects the practical implications. The table in now in transition awaiting further government announcement. See NEW SOL. 

 Developments:

Instead of holding to a target on skilled migration for the year 2008/2009 at 133,500 the Australian government, midstream during the global fiscal crisis, reset a new cap of 115,000. The reason for this step was the unemployment rate in Australia reaching  5.2% in the deteriorating global economy. Construction & manufacturing trades are now considered not critical. The programme came in very close to that target. In the May Federal Budget 2009 the government set a skilled migration target of 108,000 for the 2009/2010 program. Many qualitative changes came under review. A job readiness test was introduced for onshore trades applicants. Trade concessional English requirements were phased out. For onshore applications the nexus of study without work experience has been broken with basically interim visas being granted until an employer in the occupation studied is located. And a comprehensive review in being conducted on the occupation lists in particular with a planned introduction of a Future Skills list on 1st July 2010 (draft 1st May). Awarding of MODL points has been suspended until the points system is revamped for implementation also on the 1st July 2010. The new Skilled Occupation List to operate from 1st July 2010 involves conversion to the ANZSCO occupation classifications from the existing ASCO code. It was released on the 17th May 2010. There are many subtle differences between the codes requiring analysis in relation to many occupations in the conversion, that mean individual applicant situations and assumptions need close review. There could be half the number of skilled occupations on the new list. The Federal Budget 11th May 2010 has set a target for skilled migration at 113,850 including employer nominations and business skills as well as General Skilled Migration. It is a healthy level of skilled migrant inflow reflecting the fact that the Australian economy has weathered the Global Recession relatively unharmed and reflecting also that the government's motivation to ensure Australia's future growth is unhampered by skill shortages. 

 International Students Studying in Australia

For international students the issues making your pathway to permanent residence very complicated are :

• CRICOS course classification... initial selection of studies...meeting your personal career goal

• Course variations and exemptions, and education institution reporting

• Imprecise terms of the two year study rule and course provider response

• Occupation selection in line with course relevance (concepts have shifted to "highly relevant" for Vetassess which is now work experience tested not merely qualifications tested)

• Volatility of the regulations and policy

• Points test precision in regard to English, regional points and relevant work experience points, professional year 

• Small window of opportunity to meet the extensive application formalities, “rapid fire”, on the completion of the studies

• Linkage of study and later skilled migration applications greatly diminished.

This makes it an imperative to seek professional migration advice before coming to Australia to study or very shortly after arrival, where your plans are for permanent residence ultimately.  Hallmark Immigration can provide professional guidance to you all the way through and watch for developments affecting you and your considerable investment and provide reassurance for your progression.  Grooming of the PR application and monitoring of your course progress towards your goal, must commence in the early stages. Sign on for this at Hallmark Immigration to work together all through your student years.  

Engage Hallmark Immigration to find the most practical option for you and to commence and manage the whole process for you. Some GSM applications can be "converted" after lodgement to the Employer Nomination category in some cases, where the opportunity presents. Call Hallmark.