A review of the skilled and student migration program has recommended many changes which may affect students studying in Australia who wish to lodge an application for permanent residence on completion of two years of full time study.

These changes may be amended prior to becoming legislation and the legislation may not be introduced until early to mid 2007 but need to be considered by intending or current students wishing to remain permanently in Australia. It will still be necessary to achieve a point score of 120 or 110 if students have a close blood relative who is a permanent resident or citizen of Australia, is prepared to sponsor them. If the close blood relative lives in the metropolitan area of Sydney the occupation of the student will need to be on the SSASSL.

We see these changes as positive in many ways.  Currently students completing study in a 60 point skill find it extremely difficult to achieve 120 points.  These students under the age of 30 years provided they are prepared to undertake English language studies to increase their IELTS result to an average of 7 with a minimum of six in each of the four bands while they are completing their course of studies in their nominated occupation, should now be able to achieve 120 points without difficulty.

In addition, students unable to achieve 120 points on completion of their Australian studies will have opportunities to remain in Australia on a visa (subject to meeting relevant criteria) entitling them to work full time for 18 or 24 months (not yet decided) and achieve additional points to enable them to lodge an application for permanent residence when they can achieve the pass mark of 120 points.

 No changes have been recommended to the following thresholds –

• Age;
• specific work experience;
• Regional Australia/low population growth metropolitan areas – study and residence;
• State/Territory sponsorship (SIR visa only);
• Spouse skills; and
• Relationship (Skilled Australian Sponsored visa categories only).

RECOMMENDED CHANGES INCLUDE

English language ability

The threshold English has been increased to 6 in each of the four bands of IELTS and a minimum of 5.5 in IELTS will be required for the majority of tradesperson (except trades which require a higher level of English such as Electrician).  These scores will attract 15 points 

An average of 7 with a minimum of 6 in each of the four bands of IELTS will now attract 25 points 

All onshore and offshore applicants other than native English speakers, must undergo a formal test of English language skills to be granted a permanent visa or a transitional Subclass 497 Graduate Skilled Temporary visa

Migration Occupations in Demand List (MODL)

It will be necessary to have work experience of at least 12 months out of the last 24 months in their nominated 60 point occupation or a closely related 60 point occupation

Bonus points

Only now available for

• Capital investment of $AU100,000

Australian qualification

A qualification in the nominated occupation must be of at least two years duration either via formal study for two years or a combination of study and practical experience in fields of study undertaken (this needs to be clarified and we will advise you further in relation to this).  Trade occupations mainly affected by this will include cooking, pastry making and hairdressing.

NEW PATHWAYS TO PERMANENT RESIDENCE FOR ONSHORE OVERSEAS STUDENTS

Applicants in this category will be able to apply for a temporary residence visa with full work rights for either 18 or 24 months (not yet determined) from time of visa grant.  This will replace the current Graduate Skilled Temporary visa Subclass 497). 

Generally applicants will need to have a 60 point occupation.  Where applicants have  a 50 point occupation they must either gain 15 points for a PhD completed at an Australian educational institution as the result of two years of full time study while physically present in Australia or 10 points for their Australian qualifications.  This 10 points must be gained by completion of a Masters or by a Bachelor’s degree with Honours of at least 2^nd class level at an Australian educational institution while physically present in Australia and prior to completion of the Masters or Honours degree they must have been awarded an Australian bachelor degree as the result of at least one year of full time study in Australia.  The total period of full time study in Australia must be at least three academic years while physically present in Australia. 

In addition the applicant must have completed their two year Australian qualification at University, TAFE or private educational institution including any required practical experience relevant to their nominated occupation, attain minimum IELTS of 6 except for trades where a score of at least 5 in teach of the four bands is required, and be less than 45 years of age.

 Applicants will have the opportunity during the term of this new visa to:

English language - Achieve an average of 7 in IELTS with a minimum of 6 in each of the four bands.  This will give them an additional 10 points 

Work experience - Obtain the equivalent of 12 months full time paid employment in Australia in their nominated occupation or a closely related occupation during the term of the new 497 visa.  Applicants will need to evidence earnings appropriate to the skill level at point of entry for their profession or trade.   The employer must be lawfully operating with an ABN and established employment record and good immigration-related employment history where applicable

Requirements for evidence of work experience have not yet been finalised but may include applicants keeping a work diary evidencing their periods of employment which are then signed off by the employer.  This 12 months work experience will attract 10 points.

 If the work experience is undertaken in an occupation on the MODL (provided the nominated occupation is on the MODL) points for MODL will apply. 

Professional year – For higher education graduates who complete a year of relevant professional training as part of a postgraduate program in addition to the undergraduate or Masters level course currently attracting 60 points.  This postgraduate or “professional year” of study will include curriculum content approved by the appropriate accrediting authority and comprise technical knowledge and practical on-the-job experience considered necessary to facilitate employment in that professional in Australia.  Accounting for example, which may include courses deemed essential by the professional accounting bodies, together with industry and employers, for full professional status. 

A period of work experience would probably be included in the “professional year”.  If the year is completed to the satisfaction of the relevant accrediting authority together with industry bodies and employers, the applicant will receive 10 points.