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Thread for Agents ONLY re the new GSM changes


Guest Gollywobbler

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On 1 July, CPA Australia’s assessment criteria for General Skills Migration will be as follows:

 

A formal qualification assessed as being at least comparable to an Australian Bachelor degree.

 

IELTS Academic Test Report Form (TRF) Number to show you have a band score of at least seven (7) on each of the four (4) components – speaking, reading, listening and writing.

 

Please note that a successful assessment is valid for two years from the assessment outcome date.

 

See: http://www.cpaaustralia.com.au/cps/r...migration.html

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The Institute of Chartered Accountants in Australia also has announced changes to the requirements that must be met by applicants for migration skills assessments who apply after 1 July 2010.

 

See: Changes to Assessing Criteria from 1 July 2010

 

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National Institute of Accountants is also expected to introduce and announce such a change soon.

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Jag,

 

CPAA has always been obsessed with degree qualifications. The big change here is the introduction of English as a requirement - interestingly with no transitionals - so it will become a very large issue for all the onshore students doing accounting. Score 7s or go home... The very long period of grace for current students at 8 February will be much less meaningful for those students.

 

Cheers,

 

George Lombard

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A further aspect of the change for accountants to English testing is that the 7.0 target must be reached on each part of the academic version of the IELTS test. For most professionals this is not a major obstacle - assuming you could get 7.0 on each part of the general version of the test, since they're supposed to test for the same level - but there are often psychological problems about undertaking the academic test.

 

Cheers,

 

George Lombard

 

Cheers,

 

George Lombard

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Just an overall comment on the changes being announced today - if they're announced today. Given the major changes to skills assessments over the past six months (TRA, Vetassess, ACS, CPAA and ICAA would cover 80% of visa applicants) and the abolition of the MODL, anyone who is interested in skilled migration to Australia should have been trying to beat the changes by lodging under the current SOL.

 

The important point is that anyone with a current application in the system will not be affected when the changes take effect.

 

For those who can't apply before the implementation of the changes in June/July, it's quite clear that there will be no new occupations included in the new SOL and that most of the generalist occupations will be removed. It's unlikely that major trade occupations will be removed.

 

Advance notice suggests that the SOL was to be reduced by about 50%, but of course that doesn't take into account the complex business of mapping across from the old ASCO dictionary of occupations to the new ANZSCO dictionary of occupations, and this mapping is something which DIAC will now either have to embrace across all of its systems, or ignore at its peril. Most of the Department's migration systems will need to be reconfigured for this change of coding. It's a bit like the Y2K bug - they don't yet know what's worse, the cure or the disease. In the process of mapping between the ASCO and ANZSCO there will be some anomalies, no doubt, and a period of grace for people with ASCO skills assessments wanting to apply in ANZSCO codes. This should all have been announced today - still might be, but having missed the obvious release times, and given that there has been absolutely no media coverage of these changes despite the considerable public and client interest, my guess is that it's happening much later, if at all.

 

Cheers,

 

George Lombard

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The Minister has today announced a temporary suspension of certain general skilled migration visas. The move hopes to ensure that all offshore general skilled applications made after today are in accordance with the occupations included on the new Skilled Occupation List (SOL), to be released later this month. The Minister has not indicated when the suspension will be lifted, however it will be no earlier than the announcement of the new SOL.

The Minister has announced that his Department will not accept applications for the following visa subclasses from 8 May 2010 until further notice:

 

 

  • Subclass 175 – Skilled Independent;
  • Subclass 176 – Skilled Sponsored; and
  • Subclass 475 – Skilled Regional Sponsored.

 

Therefore, any applications received by the Department after 8 May 2010 for one of the above visa subclasses will be returned and the visa application charge refunded.

Please note that this suspension does not affect onshore general skilled migration visas.

 

More to come.

 

Cheers,

 

George Lombard

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Thanks George,

 

Could this be due to the sudden surge in number of applications in occupations which are under threat?

 

And with the sudden suspension, should we assume that SOL will be made effective earlier than July? Otherwise there was no reason to suspend processing!

 

May be I am reading too much...

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Jag,

 

According to the announcement, they're freezing the program until the new SOL can take effect.

 

Also, according to people in state governments, this announcement was not made with any prior consultation, and may lead to the abandonment of state sponsorship by some of them - a last straw scenario.

 

Cheers,

 

George Lombard

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FAQs for the suspension announcement:

 

Frequently Asked Questions

 

Temporary suspension of Certain General Skilled Migration (GSM) Applications (Subclasses 175, 176 and 475 Only)

What does temporary suspension involve?

The Australian Government has decided to temporarily suspend the acceptance of certain General Skilled Migration (GSM) visa applications. Temporary suspension means that people will not be able to lodge a valid application for an affected GSM visa for the duration of the suspension.

The temporary suspension will apply from 8 May 2010. It is expected that the suspension will cease at the end of the 2009-10 program year, that is at the end of 30 June 2010, subject to the approval of the Governor-General in Council of proposed amendments to the Migration Regulations 1994 to enable implementation of a new Skilled Occupation List (SOL).

If a person makes an application for an affected GSM visa while the suspension is in effect, that application will be considered invalid and returned to them.

What visa subclasses does the suspension apply to?

The temporary suspension applies only to primary (main) applicants for the following visa subclasses:

Subclass 175 – Skilled Independent

Subclass 176 – Skilled Sponsored and

Subclass 475 – Skilled Regional Sponsored.

Why is a temporary suspension being implemented?

Australia’s skilled migration program is carefully managed so as to yield the maximum benefit to the Australian economy. It serves a range of economic, social and demographic objectives.

The number of pending GSM applications continues to grow as the demand for GSM places exceeds the available supply. This temporary measure is necessary to ensure that the occupational profile of applicants for GSM clearly reflects the needs of the Australian labour market.

It will also facilitate the transition from the current SOL to the new SOL. It is anticipated that the Government will announce proposed changes to the SOL in May 2010.

How long will the suspension be in effect?

The temporary suspension will start on 8 May 2010 and it is expected to remain in place until the end of the 2009-10 program year, that is, until the end of 30 June 2010.

What is the cut off date and time for accepting applications before the suspension comes into effect?

Any affected GSM applications submitted on or after 8 May 2010 will be considered invalid and will be returned, together with the Visa Application Charge (VAC). However, associated fees such as those incurred for medical examinations, English language tests and skills assessments cannot be refunded as these payments were not made to the Government.

People wishing to submit applications in one of the affected subclasses prior to the suspension coming into effect should do so before midnight Australian Eastern Standard Time (AEST) on 7 May 2010.

When will applications for the affected visas be accepted again?

It is expected that the temporary suspension will cease at the end of the 2009-10 program year, that is at the end of 30 June 2010.

I have already submitted an application for one of the affected visas. How does this change affect me?

If you have already submitted a valid application for one of the affected subclasses, this change does not affect you. Your application will be processed as normal and in accordance with priority processing arrangements.

I have already mailed my application for one of the affected visas. How does this change affect me?

If your application for an affected visa is received by the Department of Immigration and Citizenship before

8 May 2010 then it will be accepted, provided you meet all the other requirements for lodging a valid application. If your application for an affected visa is received after this time, then it will be considered invalid and returned to you together with the VAC.

I have lodged an application for one of the affected visas electronically. How does this change affect me?

If you lodge an application for an affected visa online through the Department’s website before midnight Australian Eastern Standard Time (AEST) on 7 May 2010, then it will be accepted provided you meet all the other requirements for lodging a valid application. Applicants will not be able to make a valid application for an affected visa from 8 May 2010.

I am in the process of preparing my application for one of the affected visas. How does this change affect me?

If you attempt to submit an application on or after 8 May 2010, your application will be invalid and will be returned to you together with the VAC. You will not be able to lodge a valid application for one of the affected visas until after the temporary suspension is lifted.

I am a holder of a Subclass 475 – Skilled Regional Sponsored visa. My family want to join me in Australia. Will their applications be affected by this change?

No. Dependants of holders of a Subclass 475 – Skilled Regional Sponsored visa planning to apply as subsequent entrants are not affected by the temporary suspension. Such applicants should lodge a paper application.

It is not fair that the Government keeps changing the rules. Why was no prior notification given?

A key feature of the migration program is that it is continually reviewed and assessed for its relevance and outcomes in light of the economic and social needs of Australia. The program is modified as these needs change.

The suspension is a temporary measure and is expected to be lifted from the end of the 2009-10 program year, that is at the end of 30 June 2010. It is necessary to ensure the occupational profile of applicants for skilled migration clearly reflects the needs of the Australian labour market and yields the maximum benefit to the Australian economy. It will also facilitate the transition from the current SOL to the new SOL.

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Regulations announced this morning implementing the decision to suspend the offshore general skilled migration program, and the explanatory statement explains it in these terms:

 

An announcement of the proposed future changes to the SOL is required to address current uncertainty in the community in relation to which occupations will be on the new list. In the meantime, the Regulations will prevent an anticipated surge in certain GSM visa applications that require an occupation on the SOL to be nominated, and allow visas to be granted to persons outside of Australia. This will prevent applicants whose skills may not meet Australia’s skills shortages from making certain GSM applications.

 

Link to this and the legislative machinery is ComLaw Legislative Instruments - Migration Amendment Regulations 2010 (No. 5) (SLI 2010 No. 90) .

 

I imagine there will be litigation - because for some people their last option has been removed without warning - and suggest that people adversely affected by this form a dedicated thread.

 

Cheers,

 

George Lombard

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Update from South Australia regarding offshore sponsorship applications:

 

Applicants under the General Skilled Migration Program should be aware that DIAC has made an announcement today suspending all Offshore GSM application. Please direct any enquiries on this matter to DIAC via your nearest Australian High Commission and not to Immigration SA.

As a result, Immigration SA will also be suspending processing all Offshore Sponsorship applications, until further notice. However, Onshore sponsorship applications will proceed at this stage.

General Skilled Migration

Immigration South Australia

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Guest Jamie Smith

Hi George

 

These explanatory notes would be amusing if they weren't so terrible.

 

Uncertainty about what skills would be on the new SOL? There is none.

 

Everybody knows the main content of the list as it has been draft published, and that it's smaller than the existing one and might yet add or subtract a few occupations. But for the bulk of cases who already know that the new shorter list is unlikely to include their occupation or know they will nnever be off it - hairdressers and cooks off; nurses doctorsand engineers on - what's there to be uncertain about?

 

Likewise, preventing applications from those who may not be in such shortage - everybody again knows that the new SOL is the cut down starting point and the researach system to add new occupations has not been established yet. And with the State lists not being ready yet - again backed by non-existant research systems - then who can accurately say at this point in time exactly which occupations are or are not in demand?

 

Therefore, the people who are on the existing SOL who will in all likelihood get back on to it once their profession becomes more organised at lobbying are in the meantime being shut out deliberately, the only reason for this is DIAC hold more applications than they can process.

 

This is just using any excuse to cut down the inflow of applications, no matter how they dress it up.

 

I wish for once the Minister and his spin doctors would just be direct and honest about things. This misdirection only harms the confidence of the market whereas plain speaking does not hurt it to the same degree.

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For those waiting for developments I think it's clear that nothing can be expected before the Federal Budget tomorrow night - there should be reams of documentation online from 8.30pm and hopefully some useful detail there, for example the new SOL.

 

Cheers,

 

George Lombard

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Budget statement on migration numbers and targets:

 

The Government will sharpen the focus of the skilled migration program on areas of skills shortage but will maintain the current overall size of the migration program, the Minister for Immigration and Citizenship, Senator Chris Evans, said today.

The overall size of the migration program will remain unchanged with a total of 168 700 places, comprising a total skill stream of 113 850 places, a total family stream of 54 550 places and 300 special eligibility places.

The overall level of skilled migration will increase by 5750 program places. This includes an additional 9150 program places for employer-sponsored skilled migration and a decrease of 3600 places for general skilled migration. An additional 200 visas in the business skills visa category will also be offered.

There will be a reduction in the level of family migration by 5750 program places. Family migration visas will continue to be granted and family members can gain access to temporary visas to travel to Australia to visit family members.

'These reforms support the Government's policy to deliver a more demand-driven skilled migration program that meets the needs of the economy in sectors and regions where there are shortages of skilled workers,' Senator Evans said.

'This updated focus will help further assist employers by ensuring they have access to applicants with skills in high demand that cannot be met from domestic sources.

'Foreign skilled labour is an important driver of economic growth and contributes to increased productivity and labour force levels. It also benefits migrants by ensuring they have a job with a direct match to their skills on arrival in Australia.'

The Government has said for some time the migration intake would reflect the economic climate and it would help ensure employers could gain access to skilled professionals in industries still experiencing skills shortages.

The composition of the migration program will assist in delivering the Government's reforms designed to address shortages of highly skilled workers, such as healthcare, engineering and mining professionals who have an employer willing to sponsor them.

'Revising the mix of the skill stream of the migration program is critical to ensuring the reforms are effective,' Senator Evans said.

This will enable the skilled migration program to respond appropriately to changes in demand for skilled labour as the economy emerges from the global financial crisis.

These measures are part of the Rudd Government's commitment to strengthening our economy and securing our future.

 

 

Government sharpens focus of skilled migration program

 

 

Cheers,

 

George Lombard

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New SOL to be Announced today.

 

Articles in the Murdoch press are describing the new SOL this morning:

 

THE Rudd government has cut by more than half the number of prized occupations and professions listed in the skilled migration program. In a major rationalisation, Immigration Minister Chris Evans will today unveil a new list of just 181 skills, professions and occupations - down from the 400 cited in the old list.

Butter makers, journalists, script editors, fashion designers, intelligence officers, cooks and hairdressers are among those culled. But other, more specialised, professions - such as pharmacists - have also been dumped.

Senator Evans said the new list was part of an ongoing attempt by the government to decouple the link between education and immigration.

"Australia's migration program cannot be determined by the courses studied by international students," he said in a media release yesterday.

Senator Evans said that of the 41,000 general skilled visas granted in 2007-08, more than 5000 went to cooks and hairdressers, three-quarters of whom had studied in Australia.

The new list was developed by Skills Australia, an independent body, and will be updated annually.

Senator Evans said the new list was developed in consultation with industry groups and was focused on those skills required in the medium to long term.

He said the onus remained on training Australian workers to fill skills gaps.

The new leaner skills list is likely to draw a fiery response from the parts of the education sector specialising in offering cheap vocational courses to foreign students whose principal goal is the acquiring of Australian residency.

Yesterday, Senator Evans acknowledged the new list may dash the hopes of some foreign students. "The government recognises the proposed changes would affect some overseas students currently in Australia intending to apply for permanent residence," he said.

In February, he announced that 20,000 prospective migrants who applied before a tightening of the rules in September would have their applications rejected and their fees refunded.

Mindful of the impact on what has become a highly lucrative industry, Senator Evans said international students with much-needed skills would still be welcome.

"But we . . . will no longer accept the thousands of cooks and hairdressers who applied under the guidelines established by the Howard government."

 

 

Cheers,

 

 

George Lombard

 

 

 

Hairdressers out as migrant skills list gets a trim | The Australian

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Minister's statement on the list follows. Interesting that Skills Australia is going to provide justification for each listed occupation - hopefully they'll also provide analysis on the exclusions.

 

 

New Skilled Occupation List to meet Australia’s economic needs

 

Monday, 17 May 2010

The Minister for Immigration and Citizenship, Senator Chris Evans, today announced a new Skilled Occupation List (SOL) designed to deliver highly skilled migrants and crackdown on people seeking permanent residency through low-value education courses.

Senator Evans said the list, developed by the independent body Skills Australia and containing 181 highly valued occupations, would ensure Australia’s skilled migration program is demand-driven rather than supply-driven.

"We intend to fundamentally change the way we target skilled migrants to restore integrity to the skilled migration program," Senator Evans said.

"Through a targeted migration program, the Rudd Government will attract skilled migrants of the highest calibre and deliver people with real skills to meet real need in our economy."

The new SOL is a critical reform in the Government’s overhaul of the skilled migration program and closes the door on those seeking to manipulate the migration system.

Only people with relevant qualifications in occupations listed on the SOL will be eligible for independent general skilled migration.

"Australia's migration program cannot be determined by the courses studied by international students," Senator Evans said.

"This SOL represents a new direction which aims to ensure we choose migrants who have the skills to meet our nation’s economic needs.

"The Rudd Government continues to value the very important contribution made by the international education sector and education providers that deliver high-quality courses to both Australian and overseas students will continue to prosper.

"International students who have the skills our economy needs will still be able to apply for permanent migration or be nominated by employers but we will no longer accept the thousands of cooks and hairdressers who applied under the guidelines established by the Howard government."

Under the Howard government people who completed short courses in vocations such as cooking and hairdressing and had low English skills were almost assured of gaining permanent residence as a skilled migrant.

In 2007-08, of the 41 000 general skilled visas granted, more than 5 000 went to cooks and hairdressers; three quarters of them had formerly studied in Australia. These two occupations have been removed from the new SOL.

The Minister said he would recommend to the Governor-General in-Council amendments to the Migrations Regulations 1994 to give effect to this new framework.

The new SOL is proposed to come into effect on 1 July 2010 to replace the old list which contained more than 400 occupations. It will be updated annually.

Senator Evans said Skills Australia received advice from industry skills councils, industry peak bodies and Professions Australia to ensure the SOL contained occupations Australia needs in the medium to long term.

"The initiative builds on the reforms announced in February," Senator Evans said.

"The Government has increased English language requirements for trade applicants and introduced a new job ready program for onshore trade applicants.

"There is now increased priority for employer sponsored migrants and this will ensure industry is able to quickly access the skilled workers it needs."

During the past 18 months, the Government has driven a reform agenda, aimed at shifting the supply-driven skilled migration system we inherited to a demand-driven one.

"First and foremost, young Australians should be trained and given the opportunity to fill existing job vacancies. The Government has a national plan to ensure young people are skilled in the occupations where there is the greatest need," Senator Evans said.

"But there are some occupations where there will continue to be a high demand for skills and we welcome highly trained people to Australia to fill these vacancies.

"Hospitals can’t go without nurses, country towns can’t do without a local GP and the resources sector increasingly needs skills."

Chairman of the Government's National Resources Sector Employment Taskforce, Parliamentary Secretary for Western and Northern Australia Gary Gray, welcomed the new SOL and said it would address the needs of the resources sector.

"The taskforce has met with resource sector employers across the country and the clear message is that we need a targeted approach to migration," Mr Gray said.

The government recognises the proposed changes would affect some overseas students currently in Australia intending to apply for permanent residence. The introduction of the new SOL does not change the concessions announced in February which provide generous transition arrangements for former and current international students seeking a visa under the General Skilled Migration (GSM) program.

People who have already applied for a GSM visa would not be affected by the implementation of the new SOL.

The changes would in no way affect international students coming to Australia to gain a qualification and then return home.

Skills Australia will publish on its website www.skillsaustralia.gov.au the evidence and analysis for each listed occupation in coming weeks.

 

 

New Skilled Occupation List to meet Australia’s economic needs

 

 

Cheers,

 

George Lombard

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  • 2 weeks later...

Summary from DIAC Exposition on Skilled Migration Changes Sydney 31 May

 

Key presenters are Peter Speldewinde and Katherine Whitehead.

 

General Skilled Migration

 

Overall the framework will be relatively unchanged, ie on 1 July there will be a SOL and a new list of occupations sponsored by the states which will be as broad as the ENSOL but no broader and most likely half way between the old SOL and the new SOL.

 

There will be no new points test until the end of the year, if at all, and equally no capping and ceasing if at all until then. The use of the capping and ceasing power will be more likely if there is another economic downturn.

 

Future changes will most likely not be telegraphed - they explained that in before the September 2007 changes there were 32000 offshore applications instead of the usual 6500 - apparently most of them in unwanted occupations. Therefore the suspension of offshore GSM applications on 8 May was to avoid a "spike" in an otherwise bloated program. So best to apply when eligible as DIAC is capable of implementing a freeze without notice, particularly while they've got an oversupply of applications.

 

The new SOL will have some minor alterations as Skills Australia used the unrevised version of ANZSCO - must have been some red faces over that one, but there will be no substantive changes to the new SOL as published on 17 May.

 

All pre-September 2007 applications all about to be ceased as announced in February; such applicants, if they have valid skills assessments, are of course entitled to lodge a second application funded by the refunds they will receive.

 

The cap and cease legislation is still a Bill - that is, an unenacted legislative proposal not yet with the force of law - and while it does sound as though the legislation will be enacted, and implementation will be determined according to occupation, English and age criteria, there was no indication that it would actually be applied to any particular category of existing applications unless there was some sort of economic downturn. No mention at all of cooks and hairdressers today.

 

Clear that they're going to reduce overall GSM numbers anyway. Apparently the alternative - employer sponsored visas - require less verification because employers want to avoid the sanctions for misfeasance and are subject to other government controls in any event.

 

Changes to the ENSOL and 457 occupation lists will be direct translations to ANZSCO at this stage with no substantive changes. The Department will issue a "convergence" or "concordance" list confirming ASCO equivalencies.

 

Pre-July skills assessments will remain valid depending on the convergence/concordance list and relevant eligibility list, eg new SOL or ENSOL.

 

There will be a revised Ministerial direction concerning the priorities to be applied in General Skilled Migration but no details were provided.

 

 

ENS/RSMS.

 

There is a current ENS/RSMS Review. Issues include English language, market salaries, exceptional circumstances, regional occupation list, Worker Protection Act framework etc. Timing currently not determined. Interesting 457 statistics were presented (being distributed separately) which will apparently inform planned ENS developments as well as future 457 reforms. Looking at sponsor accreditation, registered employment authorities (replacing regional certifying bodies) and training benchmarks (still unresolved - "some way off").

 

 

Labour Agreements

 

Clear now that semi-skilled applicants (ASCO chapters 5-7) are only able to go through Labour Agreements.

 

DIAC is now generating template industry agreements for the Labour Agreement visas - eg snow industry workers, bilingual tour guides, mining operations, meat industry - for employers to "sign up to". This, and other procedural reforms, should make the process of compliance easier.

 

 

State Migration Plans

 

Plans will specify the occupations and the number for each occupation. DIAC is verifying each state's methodology for determining occupations and numbers. Only occupations on the ENSOL can be on an SMP. And according to Katherine earlier, the ENSOL won't change yet. Says that the SMPs are not the solution to a state having negative demographic growth. Many states have higher language, experience and other requirements than DIAC requirements. Each state will have 100 "off-plan" places (but still no broader than ENSOL). The plans will be four-year rolling plans reviewed annually. Expecting a reasonable amount of stability.

 

Answering questions Peter Speldewinde suggests that we may one day see the end of GSM for independent (unsponsored) applicants.

 

 

ANZSCO Concordance

 

Confirms that all DIAC systems now going to ANZSCO. Mentions that occupations in ANZSCO Major Groups 1-3 are "skilled". Will post the "convergence/concordance" on their website. Accepting ASCO skills assessments for GSM as long as the occupation is in the new SOL, according to the concordance".

 

Cheers,

 

George Lombard

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