17 may 2010 – new australian skilled occupation list released (sol) skilled occupation list...

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  • 8/9/2019 17 May 2010 New Australian Skilled Occupation List Released (SOL) Skilled Occupation List Introduction

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    17 May 2010 New Australian Skilled Occupation List Released

    (SOL)

    Skilled Occupation List Introduction

    On 17 May 2010, the Australian Department of Immigration released

    the new Skilled Occupation List.

    400+ occupations under which applications for independent skilled

    migration have previously been made have now been reduced to 181

    occupations.

    Applicants that do not have their occupations on this new Skilled

    Occupation List must investigate other sponsored alternatives to

    achieve permanent residence in Australia.This is because the Skilled Occupation List does not apply to Australian

    visa applications lodged under subclass 457, subclass 121 / 856 or a

    range of RSMS visas.

    However, we do not have information on what points these new

    occupations will attract for the purposes of applying independently to

    migrate to Australia. Currently we can only take indicative information

    from the previous Skilled Occupation List form 1121i and the points

    available to occupations listed with their ASCO code.Once further information on available points is released, we will of

    course make this information readily available.

    Subclass 457, Subclass 856/ 121 Visas are Unaffected

    It is important to realise that subclass 457 temporary 4 year working

    visas, subclass 856 / 121 employer nominated permanent residence

    visas are not affected by the change in the Skilled Occupation List in

    any way.

    Employers can still sponsor and nominate employees into all

    occupations that were, and are, available under the regime before the

    changes of 17 May 2010.

    http://www.google.com/url?q=http%3A%2F%2Fwww.tcilawyers.com.au&sa=D&sntz=1&usg=AFQjCNF5cklrU4pn8Snr4s4m2q_REGobQQhttp://www.google.com/url?q=http%3A%2F%2Fwww.tcilawyers.com.au&sa=D&sntz=1&usg=AFQjCNF5cklrU4pn8Snr4s4m2q_REGobQQ
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    Subclass 457 occupations are set out on the subclass 457 gazette (see

    Federal Register of Legislative Instruments - F2009L03970, 26 October

    2009, IMMI 09/125).

    Employer Nominations Scheme Occupations List (ENSOL) set out the

    occupations under which subclass 856 / 121 applications can be made:see also form 1121i which indicates if a skilled occupation is on the

    ENSOL. This form can be found at www.immi.gov.au.

    RSMS & State and Territory Sponsored Migration- Subclass 119,

    Subclass 857

    These applications are not limited by the new Skilled Occupations List

    released on 17 May 2010.

    However, it is not possible to generally and accurately advise what

    occupational classes will be available to applicants seeking state

    sponsored migration to Australia as each state is, under the proposed

    regime, charged to develop their own State Migration Plans.

    What is clear is that the regime of independent State Migration Plans

    are intended to allow applicants to apply for permanent or temporary

    visas in a potentially wider subgroup of occupations than those listed

    on the new Skilled Occupation List released on 17 May 2010.

    Such applications will of course require state sponsorship and / or

    nomination.

    At the time of writing this article, sufficient information has not been

    released to advise accurately on particular clients chances of success if

    applying under this stream via an occupation on the old Skilled

    Occupation List.

    It is important to check each Australian State Governments position

    as to whether they are accepting and / or processing nominations

    lodged either in Australia or offshore.We are told that State / Territory Migration Plans (and the skilled

    occupation lists under which an applicant may apply for State /

    Territory Nomination) are due to be released in the second half of

    2010.

    http://www.google.com/url?q=http%3A%2F%2Fwww.immi.gov.au%2F&sa=D&sntz=1&usg=AFQjCNGhcjrQPYiL2jyleohuzD-fWm7JxAhttp://www.google.com/url?q=http%3A%2F%2Fwww.immi.gov.au%2F&sa=D&sntz=1&usg=AFQjCNGhcjrQPYiL2jyleohuzD-fWm7JxA
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    These lists will prove critical for Australian visa applicants that do not

    have their occupation on the new Skilled Occupation list or do not have

    an employer willing to sponsor them for Australian permanent

    residence.

    Available Points and the New Skilled Occupation List

    The Australian Department of Immigration has not released

    information as to how many points are available under each

    occupation listed on the new Skilled Occupation List.

    It has also suspended acceptance of any new offshore skilled migrant

    visas until the new Skilled Occupation List comes into effect on 1 July

    2010.By this time, definite information in this regards should be available

    International Students in Australia

    The Australian government has made transitional arrangements for

    international students studying in Australia on student visas.

    Please note that the following occupations have been removed from

    the new Skilled Occupation List. Cook, chef, Hairdresser, Pre-press

    Graphic tradesperson among many others

    Some of the retained occupations include - Accountant, Architect,

    Engineers, Medical Professionals, Motor Mechanic, and many building

    trades.

    Please note however that all occupations listed above, and

    those on the old skilled occupation list (form 1121i.pdf found

    atwww.immi.gov.au via the search function), are still available

    to applicants who have an employer willing to sponsor them

    under the Employer Nomination Scheme (ENS) Visa pathway

    Transitional Arrangements for Recent Graduate InternationalStudents in Australia

    The new SOL does not apply to GSM applicants who, on 8 February

    2010:

    http://www.google.com/url?q=http%3A%2F%2Fwww.immi.gov.au%2F&sa=D&sntz=1&usg=AFQjCNGhcjrQPYiL2jyleohuzD-fWm7JxAhttp://www.google.com/url?q=http%3A%2F%2Fwww.immi.gov.au%2F&sa=D&sntz=1&usg=AFQjCNGhcjrQPYiL2jyleohuzD-fWm7JxA
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    Given that if a visa application that lodged with the Australian Department of Immigration

    and Citizenship fails to satisfy any single criteria set by Australian immigration law for the

    grant of that visa, then the application is bound to fail and will be refused.

    Therefore, it is important to have accurate and up-to-date legal advice and assistance in

    preparing your permanent residence visa application because quite simply, your future is

    riding on it!For an assessment of your application and whether you will be successful in achieving

    permanent residence in Australia under the Employer Nomination Scheme pathway, please

    contact either Ray Turner or Stewart Coulson immediately.