Skilled Migration

The general skilled migration program is an Australian Government initiative, which is aimed at young, highly skilled people who can quickly make a contribution to the Australian economy. The program, by attracting highly skilled migrants, helps to overcome skill shortages in Australia. One of the major benefits of the skilled migration program is that some classes of visa do not require applicants to have an employer or relative sponsor them.

The following is an introduction to General Skilled Migration. If you need specific advice please contact us here at Oakfair Immigration Lawyers.

Basic Requirements

To apply for skilled migration to Australia, firstly, you need to be able to satisfy the basic requirements, which provide that you must:

• be under 45 years of age when you apply;
• have sufficient ability in the English language (this is known as “vocational English”);
• possess suitable qualifications (which usually means post secondary qualifications);
• nominate an occupation which suits your skills and qualifications and is on the Skilled Occupations List (SOL);
• have relevant work experience in your nominated occupation (the required length of time varies); and
• have your skills assessed for suitability by the relevant Australian assessing authority before you apply.

Categories

There are 3 categories of general skilled migration visa:

1. Offshore General Skilled: This visa is for people who are currently living outside Australia. You are allowed to be in Australia when you apply, but you must be outside Australia at the time the visa is granted.

2. Onshore General Skilled: This visa is for overseas students who are currently studying in Australia. You must either hold a student visa; have held a student visa at some time in the 6 months before making the application; or hold a bridging visa due to an application for a Graduate Skilled (Temporary) visa.

3. Onshore New Zealand citizen: This visa is for New Zealand citizens who are currently in Australia. The primary applicant must hold a subclass 444 visa, be in Australia at the time of lodgement (dependants may be overseas) and all named applicants must be in Australia at the time of granting of the visa.

Within the above 3 categories, there are various classes of visa:

Skilled Independent: This visa is for highly skilled applicants, who have sufficient education, skills and employability which will contribute to the Australian economy. You must satisfy the basic requirements and pass the points test.

Skilled State/Territory Nominated Independent: This visa is for applicants who are nominated by a State or Territory Government through the Skill Matching Database. You must satisfy the basic requirements and meet the pool mark in the points test. Please note that this type of visa is only available if you are applying for an Offshore General Skilled visa.

Skill Matching: Applying for this visa means that your details will be entered into the Skill Matching Database. You only need to satisfy the basic requirements for skill and age; with the requirements for English and work experience being lower (you only need “functional English” and not as much recent work experience). Please note that this type of visa is only available if you are applying for an Offshore General Skilled visa.

Skilled Designated Area Sponsored: This visa is for migrants who are prepared to settle in certain regions of Australia which have been selected by the Government as appropriate. You will need to satisfy the basic requirements, and also have a sponsor who lives in a designated area, as well as an assurer.

Skilled Australian Sponsored: This visa is similar to the Skilled Designated Area Sponsored visa, except that there is no requirement on where your sponsor lives. However, if your sponsor lives in Sydney or certain selected areas of New South Wales, you must nominate an occupation which is on the Sydney and Selected Area Skill Shortage List (see below).  To apply for this visa, you will need to satisfy the basic requirements, pass the points test and also have a sponsor and assurer.

Please complete our visa assessment form to have your options professionally assessed.

Key terms

The Points Test

The Skilled Independent and Skilled Australian Sponsored visas require that you pass the points test. This test incorporates the basic requirements as well as other factors which can gain you additional points towards your final score.

Points are awarded in the following categories:

• Skill
• Specific work experience
• Occupation in demand / Job offer
• Australian qualifications
• Area of residence
• Spouse skills
• Bonus Points (Capital investment in Australia; Australian work experience Fluency in one of Australia’s community languages)

Pass mark: This mark is set by the Government and changes from time to time.

Pool mark: If you do not achieve a pass mark, your application does not automatically fail, as a pool mark is also set, which is the mark you must score to have your application held in reserve for 2 years, during which time a lower pass mark might be set which then allows your application to be processed.

Migration Occupations in Demand List (MODL)

A list of occupations identified as being in demand in Australia. This list is reviewed annually and may be changed occasionally.

Skill Matching Database

This database is made available to Australian State and Territory Governments and employers, who may view applicant details and then nominate suitable people for migration to Australia.

Skilled Occupations List (SOL)

A basic requirement for skilled migration visas is that your nominated occupation is on the Skilled Occupations List (SOL) at the time you apply. If your nominated occupation is not on the list, then you cannot apply for general skilled migration.

Sydney and Selected Area Skill Shortage List (SSASSL)

A list of skilled occupations in demand which you must nominate if you are applying for the Skilled Australian Sponsored visa sponsored by a relative who lives in the Sydney and Selected Areas.

Sponsor: A sponsor is a relative who is living in Australia and is either an Australian citizen; or a permanent resident; or an eligible New Zealand citizen, who is prepared to sponsor a skilled visa application. By being a sponsor, this person promises to financially assist the applicant, when necessary, for a period of 2 years. Your sponsor and assurer can be the same person.

Assurer: An assurer is a person who is living in Australia and is either an Australian citizen; or permanent resident; or an eligible New Zealand citizen, who signs a legal undertaking to provide financial support so that the you will not have to rely on certain social security payments. This promise is in force for 2 years. Your sponsor and assurer does not have to be the same person. The assessment of the assurance of support is now no longer done by the DIMIA. It is done by another government department Centrelink.

Please complete our visa assessment form to have your options professionally assessed.