Since the start of 2010, everybody has been talking about the changes to the General Skilled Migration ("GSM") program.
UPDATE – SKILLED MIGRATION
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Since the start of 2010, everybody has been talking about the changes to the General Skilled Migration (“GSM”) program.
You might be hearing rumours such as: “Cooks cannot apply for PR any more” or “20,000 applications are being cancelled” or “There are no more student visas for Chinese people”.
It is true that these changes will affect most of you in some way. However, you should not jump to conclusions. Some articles in the media may not be 100% accurate and some changes have not even been announced yet. Are you getting the full story?
You should not make any sudden changes to your course enrolment without obtaining proper legal advice. Once you have a good understanding of the GSM changes then you will be in a better position to make well-informed decisions about your future.
A: Why have the changes been introduced?
The Department of Immigration and Citizenship (“DIAC”) believes that the GSM program is not fulfilling its original purpose, which is to address skills shortages in Australia. The GSM program was created to encourage overseas people to migrate and use their qualifications to the benefit of Australian businesses and consumers.
Over the past few years, tens of thousands of PR visas have been granted to applicants who nominated occupations such as Cook, Hairdresser and Accountant. However, these occupations are still suffering from a shortage of qualified workers because many applicants do not end up working in their nominated occupation.
DIAC is worried that these applicants are creating a burden on the Australia community rather than making a contribution.
Therefore, DIAC is changing the GSM program to favour applicants who:
• genuinely intend to work in their nominated occupations;
• demonstrate strong work experience in their nominated occupations;
• have better English language skills;
• have an extremely high chance of finding employment in their nominated occupations; and
• who have support from their employers.
B: What are the changes?
Information can be found in more detail on the DIAC website: www.immi.gov.au. However, a quick summary is as follows:
• Trades Recognition Australia and Vetassess have both introduced new requirements for their skills assessment process. Most overseas students will only be able to gain provisional skills assessments upon completion of their courses.
Overseas students will qualify for full skills assessments after being employed on a full-time basis in their nominated occupation for 12 months.
Therefore, overseas students can still apply for PR, but they must first apply for a temporary visa to give them time to obtain work experience.
DIAC is working with other skills assessment bodies to review their procedures as well.
• The Migration Occupation in Demand List and the Critical Skills List have been abolished. Overseas students who had already lodged their temporary or PR visa applications on 8 February 2010 are not affected by this change.
• People who made offshore applications for GSM visas before 1 September 2007 and have not yet received a result will have their applications returned. They will receive a full refund of the visa application charge, and they will be invited to re-apply under the current laws. This does not affect any current overseas students or onshore PR applicants who are still waiting for a result.
Further changes will be introduced over the next few months:
• The Skilled Occupation List (“SOL”) will be amended so that only occupations that are still suffering shortages in Australia will be included. The current SOL is very much out-of-date.
Anybody holding a student visa in Australia on 8 February 2010 will still be able to nominate an occupation on the current SOL for a temporary visa, even if that occupation is not included on the amended version.
Also, applicants may be able to nominate occupations that are not on the new SOL if they receive sponsorship from the state government or from their employer.
• The Points Test will be reviewed and amended to avoid favoritism for overseas students with trade qualifications.
For example, overseas trade students can currently claim 10 points if they have worked in Australia for 12 months. They can count any work experience completed after one year of study (Certificate III).
Compare this to overseas university students, who can only count work Australian work experience after three completing three years of study (Bachelor degree).
Compare this again to offshore applicants, who can only claim 5 or 10 points if they have three years of work experience.
C: How can I make sure I qualify for permanent residency?
It is difficult to advise overseas students and offshore applicants about pathways to permanent residency until the new points test is revealed later this year.
Furthermore, DIAC has emphasized the Student Visa program is separate to the GSM program. DIAC has never promised overseas students that they would automatically qualify for PR by completing a course in Australia.
Applicants who are considering courses in Australia should treat student visas as a chance to gain qualifications to the benefit of their future career, and not as a PR “package”.
Therefore, DIAC will continue to make changes to the GSM program as long as the labour market in Australia is evolving.
Keeping in mind the aim of the GSM program, overseas students should find that they have a better chance of qualifying for PR if they observe the following guidelines:
• Only enrol in a course that interests you;
• Use any opportunity to improve your English;
• Find part-time work that is relevant to your course, and that could lead to sponsorship in the future;
• Consider moving interstate if there are better job opportunities in your industry;
• Keep up-to-date about the labour market in your chosen industry – join organizations, read newsletters and build networks.
These tips will not only help with PR applications, but also lay the foundations for a long and prosperous career.
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