General Skilled Migration Visas – NEW Priority Processing
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Employer Sponsored Workers
Increase to the Temporary Skilled Migration Income Threshold (TSMIT)
From 1 July 2010, the Temporary Skilled Migration Income Threshold (TSMIT), was indexed by 5 per cent, in line with the Australia-wide increase in average weekly earnings. This will increase TSMIT from $45 220 to $47 480.
The increase to the TSMIT will apply to all nomination applications which are decided on or after 1 July 2010, regardless of lodgement date.
A “457″ Standard business sponsor is required to pay their overseas workers the market salary rate. The increase to TSMIT means that where the market rate for a position is less that $47 480, the position cannot be nominated under the “457″ program.
The TSMIT is set at this level to ensure that all Subclass “457″ visa holders have sufficient income to independently provide for themselves in Australia.
The TSMIT helps ensure that Subclass “457″ visa holders do not impose undue costs on the Australian community or find themselves in circumstances which may put pressure on them to breach their visa conditions. This is particularly important given these workers do not have access to a range of government support available to Australian citizens and permanent residents.
Increase to the high-income exemption to the English language requirement
In line with the increase to the Temporary Skilled Migration Income Threshold (TSMIT), the high income exemption to the English language requirement will also be indexed by 5 per cent. This means that from 1 July 2010, the exemption salary amount will increase from $81 040 to $85 090. This applies in relation to all nominations lodged on or after 1 July 2010.
The transition to ANZSCO will not affect which occupations are exempt from the English language requirement, except that from 1 July 2010 these occupations will be described in ANZSCO instead of ASCO. All occupations exempt when described by ASCO are still exempt when described by ANZSCO.
Should the reader wish to ask further questions or gain further advice regrading this or another matter, please contact us via our FREE VISA ASSESSMENT opportunity on our home page or send a short enquiry via the “NEED A QUICK ANSWER” section also on our home page.
Annual Adjustment of Fees and Charges – 1 July 2010
From 1 July 2010, the Migration Regulations are amended to effect the annual adjustment of most fees and visa application charges (VACs).
This year, certain fees and charges under the Migration Regulations are increased by 1.8 percent, in accordance with the Consumer Price Index (CPI). The 2nd instalments of the VACs for Contributory Parent and Contributory Aged parent visas increase in accordance with the Contributory Parent Visa Composite Index (CPVCI), calculated by the Australian Government Actuary, which is 10.6 percent for the 2010-11 financial year – from $34,330.00 to $37,965.00.
All increases are rounded to a multiple of $5.00.
The amount of the increase to these fees and charges does not exceed the applicable charge limits set out in the Migration (Visa Application) Charge Act 1997 and the Immigration (Education) Charge Act 1992 and the process is completed in accordance with government policy.
The Immigration (Education) Regulations 1992 (the Immigration Education Regulations) are also amended from 1 July 2010 to effect the annual adjustment of fees for prescribed English courses for migrants and other persons prescribed in section 4 of the Immigration (Education) Act 1971 (the Immigration Education Act). The prescribed fee for an English course provided in accordance with section 4 of the Immigration Education Act is increased from $400 to $410.
Adjustments to these fees and charges occur each year, effective 1 July. The last fee and visa application charge adjustment took effect from 1 July 2009.
Additional information
Forms
The July 2010 version of the Charges Form 990i reflects the changes in fees and visa application charges which result from the annual adjustment process.
Should the reader have any further questions regarding this entry or anything else regarding a visa issue, please contact us via email, phone or complete our FREE VISA ASSESSMENT on the home page.
ASCO to ANZSCO – 01 July 2010
From 1 July 2010, The Australian and New Zealand Standard Classification of Occupations (ANZSCO) will replace the Australian Standard Classification of Occupations (ASCO) as the standard used by the Department of Immigration and Citizenship (DIAC) for information about occupations in all visa, settlement and citizenship programs.
ANZSCO comprises the 1st edition (2006) and Revision 1 (2009). Note that ANZSCO 1st edition (2006) and Revision 1 (2009) are two separate documents. ANZSCO can be downloaded from the ABS website free of charge, and a hard copy is available for $125.
Differences between ASCO and ANZSCO
The ANZSCO structure consists of the following hierarchy:
- Major Groups (one digit, example: 1 Managers);
- Sub-major Groups (two digits, example: 13 Specialist Managers);
- Minor Groups (three digits, example: 133 Construction, Distribution and Production Managers);
- Unit Groups (four digits, example: 1331 Construction Managers 1331); and
- Occupations (six digits, example: 133111 Construction Project Manager).
Occupation tasks
Because very few tasks are listed at the Occupation level of ANZSCO, it may be necessary to look at the next higher level (Unit Groups), where a greater range of tasks are listed. This may be useful to help establish that qualifications or work experience are closely related.
There is not always an exact match between ASCO and ANZSCO occupations, e.g.:
- ASCO had Registered Nurse as one ASCO code; in ANZSCO there are 10 codes, depending on specialisation;
- ASCO had three Information and Communication Technology (ICT) unit groups and nine ICT occupations; ANZSCO has 13 ICT unit groups and 37 ICT occupations;
- ASCO 431101 Supervisor Electrician, 431111 General Electrician and 431181 Apprentice Electrician are now all represented by one ANZSCO occupation ( 341111 Electrician (General));
- Tradespersons listed at ASCO Major Group 4 are now mostly listed in ANZSCO Major Group 3, together with technicians; and
- Associate Professionals listed at ASCO Major Group 3 no longer exist as a separate group in ANZSCO, but are spread across a number of ANZSCO Major Groups (primarily 3 and 4, and to a lesser extent 2, 5 and 6).
Skill levels
Skill levels in ASCO were built in at the major group level while skill levels in ANZSCO are at the occupation level, meaning that a major group in ANZSCO might include occupations at several different skill levels.
DIAC endorsed ASCO – ANZSCO correlations
Correlation tables between ASCO and ANZSCO have been prepared by ABS, however, because many correlations are only partial, DIAC has issued lists of correlations between ASCO and ANZSCO which it will accept. Any other correlations will not be accepted by DIAC. There has been a correlation list prepared by DIAC which will give readers a guide on a one-to-one basis, to compare the old ASCO skilled occupation with the new ANZSCO skilled occupation. There have also been correlation documents prepared for the new Skilled Occupation List (SOL) and for the Employer Nomination Skilled Occupation List (ENSOL).
This document has 4 schedules. It is recommended that the correspondence at the beginning of each Schedule be read to understand if that Schedule is correct for the intended visa application.
Schedule 1 – This list is, in effect, the pre-1 July 2010 SOL (in ASCO) that applies to all General Skilled Migration (GSM) visa applications that were not finally determined as at 1 July 2010. It lists the ASCO occupations, the skills assessing authority and the occupation points.
Schedule 2 – This list is based on the pre-1 July 2010 SOL, which can be used for transitional arrangements. As applications made after 1 July 2010 must be in terms of ANZSCO, this list has the ANZSCO occupations and their correlated ASCO occupations, the relevant skills assessing authority, and the occupation points. The transition arrangements apply to:
- Applications made on or before 31 December 2012 for a Subclass 885 (Skilled – Independent), 886 (Skilled – Sponsored), or Subclass 487 (Skilled – Regional Sponsored) visa by an applicant who held a Subclass 485 visa on 8 February 2010, or had applied for a Subclass 485 visa that was not finally determined on 8 February 2010. People to whom this transition arrangement applies may nominate an occupation on the pre 1 July 2010 SOL or the new SOL that commences from 1 July 2010; and
- Applicants who held a student visa in subclasses 572, 573 and 574 on 8 February 2010 and who apply for subclass 485 visa on or before 31 December 2012.
Schedule 3 - The list is based on the new SOL, effective from 1 July 2010, which applies to all General Skilled Migration (GSM) applications lodged from 1 July 2010, except for those for whom the transitional arrangements (see Schedule 2 above) apply. Note that these people, whom the transitional arrangements apply, can choose to apply using the new SOL if they wish. This list has the ANZSCO occupations and their correlated ASCO occupations, the relevant skills assessing authority, and the occupation points.
Schedule 4 - This is the list from which State and Territories can choose occupations for their State Migration Plan occupation lists. The list of skilled occupations in Schedule 4 is broader than the lists in Schedules 1, 2 and 3. This allows applicants who are nominated by State or Territory government agencies to apply on the basis of undertaking a wider range of skilled occupations. This will enable State and Territory government agencies to better target skills shortages in their regions. It remains to be seen if states will be able to list occupations not on this Schedule 4 list. It applies to applicants for subclasses 176 (Skilled – Sponsored), 886 (Skilled – Sponsored), 475 (Skilled – Regional Sponsored) and 487 (Skilled – Regional Sponsored) visas who are nominated by a State or Territory government agency.
NEW SOL FOR SOME 175; 176 AND 475 APPLICANTS
This Legislative Instrument (IMMI 10/027) specifies the skilled occupation for the purposes of applying for the 175, 176 & 475 visas, which requires the applicant to have worked in their chosen occupation for at least 12 month the last 24 months just prior to lodging the application. The skill must also be successfully assessed by the recognised assessing authority. The list of occupations in this new instrument covers a much wider list of occupations than are in the new SOL, including Cooks and Hairdressers. It is recommended that to apply using this new list, the applicant checks with DIAC first to make sure. It is also based on the premise that DIAC will lift the ban on applications for the 175, 176 & 475 which was imposed earlier this year. This Instrument should be treated with some caution until further advice is known. Please email us for a copy of this document.
Subclass 457 (Business – Long Stay) and Subclass 442 (Occupational Trainee) Occupation Lists
The occupations allowed for nomination for these visa subclasses are listed here. Subclass 457 occupations can come from Schedule 1, and Subclass 442 occupations can come from both Schedule 1 and Schedule 2. The only occupation listed in Schedule 2 is 272211 Minister of Religion. The occupations specified in this instrument are unchanged from the previous list published 22 October 2009, except that they have ANZSCO references rather than ASCO references.
The list of occupations wherein Subclass 457 visa holders are not required to work only for the business or an associate entity of the standard business sponsor is also unchanged from the previous list, except the occupations have ANZSCO references rather than ASCO references.
It is recommended that you first check if your skilled occupation appears on the ANZSCO, then check if your skilled occupation is on the Schedule List for the type of skilled visa program you intend to apply for. Then check if there is an existing correlation between the old ASCO and the new ANZSCO.
Lastly, Regulations should be checked to make sure the eligible criteria are met.
Skills Assessments:
An applicant with a relevant valid skills assessment in an ASCO occupation should map it to the relevant ANZSCO occupation. Skills assessment obtained before 1 July 2010 can only be used for visa applications from the 1 July 2010 and onwards if all the following apply:
- There is a DIAC endorsed ASCO-ANZSCO correlation for that occupation;
- The occupation continues to be an acceptable occupation for skilled visa program purposes; and
- The skills assessment is still valid (validity periods differ between occupations and authorities).
You may need to contact the relevant skills assessing authority if you are unsure whether your skills assessment is still valid. Check first to see if that information is available on the skills assessing authority’s website.
Transitional arrangements
Transitional arrangements will be in place to allow, under certain circumstances, a mix of ASCO and ANZSCO based documents and information (for example, a nomination in ANZSCO and a valid skills assessment in ASCO, or vice versa) to be accepted in the one application. More information is available here.
Should you have further need of advice or more information about what has been written here or more particularly about your particular needs, please contact us via email, phone or complete or FREE VISA ASSESSMENT FORM on the home page.
