The Australian Department Of Immigration Releases New Skilled Occupation List

2010 - New Australian Skilled Occupation List ReleasedSkilled Occupation List.
(SOL)It has also suspended acceptance of any new
Skilled Occupation List Introductionoffshore skilled migrant visas until the new Skilled
On 17 May 2010, the Australian Department ofOccupation List comes into effect on 1 July 2010.
Immigration released the new Skilled Occupation List.By this time, definite information in this regards should
400+ occupations under which applications forbe available
independent skilled migration have previously beenInternational Students in Australia
made have now been reduced to 181 occupations.The Australian government has made transitional
Applicants that do not have their occupations on thisarrangements for international students studying in
new Skilled Occupation List must investigate otherAustralia on student visas.
sponsored alternatives to achieve permanentPlease note that the following occupations have been
residence in Australia.removed from the new Skilled Occupation List. Cook,
This is because the Skilled Occupation List does notchef, Hairdresser, Pre-press Graphic tradesperson
apply to Australian visa applications lodged underamong many others
subclass 457, subclass 121 / 856 or a range of RSMSSome of the retained occupations include -
visas.Accountant, Architect, Engineers, Medical Professionals,
However, we do not have information on what pointsMotor Mechanic, and many building trades.
these new occupations will attract for the purposes ofPlease note however that all occupations listed above,
applying independently to migrate to Australia. Currentlyand those on the old skilled occupation list (form
we can only take indicative information from the1121i.pdf found at via the search function), are still
previous Skilled Occupation List form 1121i and theavailable to applicants who have an employer willing to
points available to occupations listed with their ASCOsponsor them under the Employer Nomination Scheme
code.(ENS) Visa pathway
Once further information on available points is released,Transitional Arrangements for Recent Graduate
we will of course make this information readilyInternational Students in Australia
available.The new SOL does not apply to GSM applicants who,
Subclass 457, Subclass 856/ 121 Visas are Unaffectedon 8 February 2010:
It is important to realize that subclass 457 temporary 4" Held a Subclass 485 (skilled graduate) visa or had a
year working visas, subclass 856 / 121 employerpending subclass 485 visa application; and who
nominated permanent residence visas are not" Apply for a permanent or provisional onshore GSM
affected by the change in the Skilled Occupation List invisa by 31 December 2012;
any way." At the date of the announcement (17 May 2010) had
Employers can still sponsor and nominate employeesa pending GSM visa application.
into all occupations that were, and are, available underTransitional Arrangements for Current Australian
the regime before the changes of 17 May 2010.International Student Visa Holders
Subclass 457 occupations are set out on the subclassThe following arrangements apply to international
457 gazette (see Federal Register of Legislativestudents holding an Australian student visas on 8
Instruments - F2009L03970, 26 October 2009, IMMI 09February 2010 including -
125)." Subclass 572 (vocational education and training
Employer Nominations Scheme Occupations Listsector),
(ENSOL) set out the occupations under which" Subclass 573 (higher education sector); or
subclass 856 / 121 applications can be made: see also" Subclass 574 (postgraduate research sector)
form 1121i which indicates if a skilled occupation is onstudent visa.
the ENSOL. This form can be found atThese students can apply for a subclass 485 (skilled
RSMS & State and Territory Sponsored Migration-graduate) visa using the old pre-17 May 2010 Skilled
Subclass 119, Subclass 857Occupation List (SOL), and the occupations listed
These applications are not limited by the new Skilledtherein, as long as they lodge their subclass 485
Occupations List released on 17 May 2010.application by 31 December 2012.
However, it is not possible to generally and accuratelyThe Australian Department of Immigration's policy is
advise what occupational classes will be available tothat this will allow students to gain valuable
applicants seeking state sponsored migration topost-qualification work experience in Australia which
Australia as each state is, under the proposed regime,may allow them to gain the support of an employer in
charged to develop their own State Migration Plans.Australia and apply for permanent residence under an
What is clear is that the regime of independent Stateavailable ENS or State / Territory nominated pathway.
Migration Plans are intended to allow applicants toOptions for applying for permanent residence are far
apply for permanent or temporary visas in a potentiallymore limited and advice should be taken by students
wider subgroup of occupations than those listed on theon a case by case base to determine if their personal
new Skilled Occupation List released on 17 May 2010.circumstances permit an Australian permanent
Such applications will of course require stateresidence visa application.
sponsorship and / or nomination.New Skilled Occupation List Conclusions
At the time of writing this article, sufficient informationThe recent changes confirm that the current Australian
has not been released to advise accurately onlaboryoga teacher training courses nepalyoga teacher
particular clients chances of success if applying undertraining courses nepal government is driving immigration
this stream via an occupation on the old Skilledtowards employer sponsored migration while allowing
Occupation List.for skilled independent migration in areas of critical
It is important to check each Australian Stateneed or high skill and specialization.
Government's position as to whether they areWhile some certainty is now enjoyed in understanding
accepting and / or processing nominations lodgedthe future of Australian immigration law and policy,
either in Australia or offshore.further law and policy changes expected later this
We are told that State / Territory Migration Plans (andyear will make clear potential Australian permanent
the skilled occupation lists under which an applicantresidence strategies for people wishing to migrate to
may apply for State / Territory Nomination) are due toAustralian.
be released in the second half of 2010.Given that if a visa application that lodged with the
These lists will prove critical for Australian visaAustralian Department of Immigration and Citizenship
applicants that do not have their occupation on thefails to satisfy any single criteria set by Australian
new Skilled Occupation list or do not have animmigration law for the grant of that visa, then the
employer willing to sponsor them for Australianapplication is bound to fail and will be refused.
permanent residence.Therefore, it is important to have accurate and
Available Points and the New Skilled Occupation Listup-to-date legal advice and a qualified assessment
The Australian Department of Immigration has notfrom an Australian Immigration lawyer and assistance
released information as to how many points arein preparing your permanent residence visa application
available under each occupation listed on the newbecause quite simply, your future is riding on it!