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.
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 Government’s 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.
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
at www.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 International

Students in Australia
The new SOL does not apply to GSM applicants who, on 8 February
2010:
 ● Held a Subclass 485 (skilled graduate) visa or had a pending
subclass 485 visa application; and who
● Apply for a permanent or provisional onshore GSM visa by 31
December 2012;
● At the date of the announcement (17 May 2010) had a pending
GSM visa application.
Transitional Arrangements for Current Australian International
Student Visa Holders
The following arrangements apply to international students holding an
Australian student visas on 8 February 2010 including -
● Subclass 572 (vocational education and training sector),
● Subclass 573 (higher education sector); or
● Subclass 574 (postgraduate research sector) student visa.
These students can apply for a subclass 485 (skilled graduate) visa
using the old pre-17 May 2010 Skilled Occupation List (SOL), and the
occupations listed therein, as long as they lodge their subclass
485 application by 31 December 2012.
The Australian Department of Immigration’s policy is that this will
allow students to gain valuable post-qualification work experience in
Australia which may allow them to gain the support of an employer in
Australia and apply for permanent residence under an available ENS or
State / Territory nominated pathway.
Options for applying for permanent residence are far more limited and
advice should be taken by students on a case by case base to
determine if their personal circumstances permit an Australian
permanent residence visa application.

New Skilled Occupation List Conclusions

The recent changes confirm that the current Australian labour government is driving
immigration towards employer sponsored migration while allowing for skilled independent
migration in areas of critical need or high skill and specialisation.

While some certainty is now enjoyed in understanding the future of Australian immigration
law and policy, further law and policy changes expected later this year will make clear
potential Australian permanent residence strategies for people wishing to migrate to
Australian.
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.