Visa Newsletters

15th April 2007

Sweeping Reforms to the General Skilled Migration (GSM) Program – effective 1 September 2007

The Joint Media Release by Kevin Andrews, Minister for Immigration and Citzenship and Julie Bishop, Minister for Education, Science and Training provides preliminary information on these changes.To access the Media Release, please visit: http://www.minister.immi.gov.au/media/media-releases/2007/ka07021-joint.htm

No specific technical details are available as yet and they are expected to be announced in July 2007.It is therefore premature to assess the precise effects these changes will have on potential applicants.Abacus Visa will continue to update our readers on progress and will provide an analysis on these changes once the technical details have been finalised by the government and incorporated into the relevant legislations.People who can meet current requirements for one of the skilled visa subclasses are encouraged to do so prior to 1 September 2007.

There will no doubt be winners and losers under the new rules.Winners are those who have a high level of proficiency of the English language and specific work experience particularly in Australia. Abacus March 2007 Visa Alertdiscussed these issues and indeed many of the recommendations made by Professor Bob Birrell in his Evaluation Report on the GSM program last year have been adopted.

Other winners include onshore overseas students who are currently studying a discipline in a 50 point occupation – they can now apply from 1/9/2007 if they can meet other requirements.Current 457 visa holders employed in a 50 point occupation with over 12 months of Australian work experience – may now find themselves eligible, because of the additional points provided through their local work experience.If they can demonstrate proficient English, this will provide them with additional points.People previously disadvantaged by their age, but have good English and Australian work experience may also benefit.No mention has yet been made as to whether English native speakers are required to do the IELTS test for proof of proficient English!We urge people falling within these categories to re-assess their eligibility under the new rules.

Losers clearly are those people who do not have Competent English (IELTS 6) – this is going to be applied across all skilled visa subclasses (except for people in trade occupations who continue to need Vocational English IELTS 5).Particularly affected are onshore overseas students in non-trade occupations, e.g. accountant, IT.In addition,onshore students will no longer be eligible for the MODL points, as they are unlikely to meet the 12 months skilled employment experience required for the MODL points under the new rules.The practical effect is that many of the onshore students will find themselves not meeting the current pass mark of 120.Again, the Minister has announced that pass marks are likely to be revised but no specific details are provided at this juncture.

To assist overseas students who cannot meet the new requirements for permanent residency, a temporary 18 month visa will be introduced.This provides an opportunity for students to remain in Australia to gain skilled work experience, improve their English or undertake a professional year to enable them to apply for permanent residency later on.Again, no precise technical details have been provided regarding the nature of the 'professional year'.No doubt, we will see a whole new industry of English language intensive and other courses relating to the professional year springing up to meet these new demands.

Of special interest is the newly created – Offshore (subclass 476) Skilled – Recognised Graduate visa – also an 18 month temporary visa.This is an exciting development for students who are physically overseas and have completed a qualification in a 'discipline' from a 'specified' educational institution overseas.Again, the precise technical details of these 'disciplines' and 'specified institutions' will not be known until July 2007.

As as there are plenty of 'unknowns', it is difficult to provide any meaningful analysis at the current point in time.However, Abacus Visa will keep you posted closely on the development of the GSM program and the likely impacts of these changes on various stake-holders in more detail.

In the interim, we again urge our readers who are eligible to apply for one of the skilled visa subclasses under the current legislations to lodge their applications prior to 1 September 2007.If you are not certain of your eligibility, we encourage you to seek appropriate advice from immigration professionals.Abacus Visa is an immigration law firm and able to assist.