A new points test for skilled migration visa applications is poised to take effect in July 2011. What are the key points of the new policy, how will things change and are the proposals good for those thinking of moving Down Under? (John, Bristol)

Answer

The Australian Government announced a proposed new points test for skilled migration visa applications to be introduced on July 1, 2011. The Department of Immigration have provided information regarding the new changes and all material at this point is only explanatory as the legislation is not yet available.

The main points about the proposed points test are set out below. The new points test is come into effect for all applications lodged 1 July onwards.

The new points tests affects the following skilled migration visa applications:

• Subclass 885 Skilled Independent
• Subclass 886 Skilled Sponsored
• Subclass 175 Skilled Independent
• Subclass 176 Skilled Sponsored
• Subclass 487 Skilled Regional Sponsored
• Subclass 475 Skilled – Regional Sponsored

The pass mark is the number of points required to be eligible for skilled migration. It is expected that the pass mark will be set at 65 points. This has not been confirmed or set or stone by the Australian Government and they have merely stated it is likely this will be the case.

Family members will no longer be able to sponsor applicants for the subclass 886 or 176 visa. Only states and territories will be able to sponsor applicants. However, it is possible that family members may sponsor their relatives for the provisional subclass 487 or subclass 475 visas if they reside in a regional area of Australia. States or territories may also sponsor for these provisional visas. It is possible that later the family member on the subclass 487 or subclass 475 may qualify for the permanent skilled regional visa subclass 887.

The age limit for skilled visas is lifting to 49, however no points will be awarded for age group 45-49. Currently age group 18-29 are awarded 30 points and age group 30-34 are awarded 20 points. Post July 1, 2011 this is proposed to change to 30 points for age 25-32 and 25 points for age group 18-24 and 33-39. Age group 40-44 remains unchanged at 15 points.

Points will no longer be awarded for nominated occupations, however, applicants will need to nominate an occupation from the skills occupations lists in effect at the time they apply.

The points for English Language skills has changed and people will no longer be able to claim points for meeting the basic English Language requirement for competent English – six in each of the 4 IELTS categories. Now people will only be awarded points for proficient English – at least in each of the four IELTS categories – 10 points and 20 points for superior English – at least eight points in each of the four IELTS categories.

Under the old points test applicants were able to claim five points for completing a qualification at university in a designated community language, now applicants will only be able to claim points if they are accredited by NAATI in a designated language.

It will be possible to claim for Australian work experience and professional year. Currently it is only possible to claim points for either or, however from July 1, 2011 it is proposed an applicant could claim five points for a professional year and from five to 15 points for Australian Work Experience.

It will be possible to claim points for Australian and overseas work experience for working in a position closely related to your nominated occupation. You could claim from five to 15 points for both Australian and overseas work experience, for example, for Australian work experience for one out of past two years you could claim five points, 10 points for three out of past 45 years and 15 for five out of past seven years. For overseas work experience it works a little differently and you could claim five points for three out of last five years, 10 for five out of seven years and 15 for eight out of 10 years experience.

You could claim five points for meeting Australian study requirement, which essentially means you studied for two years full time and completed a qualification at the end of your study. You can still claim five points for studying in a regional area.

Points will be able to be claimed for some qualifications and apprenticeships completed overseas. You could claim 10 points for a diploma or certificate III or IV completed in Australia or a recognised overseas apprenticeship. You could claim 15 for a Bachelor Degree with or without honours and/or masters and 20 points for completing a PHD in Australia.

You can still claim five points for partner skills if your partner is eligible. 

Sponsorship by a state or territory government could lead to a five point claim. If a relative or state, territory or regional area sponsors you, you could claim 10 points. The regional areas of Australia currently designated may change; changes have not yet been officially notified.

Transitional arrangements are available for people who held or had applied for a skilled graduate subclass 485 visa or a student visa on February 8, 2010 and they are able to apply under the points test in place at that date. There are some student visa holders who may be eligible for transitional arrangements if they held student visas on February 8, 2010.

It is more important than ever to consult with a migration agent due to the Australian Government’s focus on 2010 and 2011 to overhaul Australia’s migration programme. In their own words: “The new points test is focused on selecting highly skilled people to deliver a more responsive and targeted migration programme.”

These key changes in 2010 and the proposed changes are excellent examples of how quickly and drastically migration law can change in the space of 12 months. Our job as migration agents is to keep abreast of all changes to advise our clients on their best possible migration options.

If you would like to find out more information about the new points test or book an online consultation please email Danielle@allaustralianvisas.com.

ABOUT THE EXPERT

Danielle Ferris has worked for state and federal Government departments for 12 years including the Department of Immigration & Citizenship. She specialises in skilled, student, employer sponsored, business, partner, child and parent visas. All Australian Visas provides professional, friendly and efficient immigration advice and assistance. To learn more visit www.allaustralianvisas.com.