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发表于 17-12-2009 01:50:08
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This regulation provides that the title of the Regulations is the Migration Amendment
Regulations 2009 (No. 15)
This item inserts a new paragraphs 1136(3)(ba) and (bb) in item 1136 of Schedule 1 to the
Principal Regulations.
New paragraph 1136(3)(ba) prescribes a new validity requirement, which provides that an
applicant for a Skilled (Residence) (Class VB) visa must have had their skills assessed by the
relevant assessing authority as suitable for the applicant’s nominated skilled occupation.
New subparagraph 1136(3)(ba)(i) provides that the new validity requirement applies to an
applicant who is not seeking to satisfy the criteria for the grant of a Subclass 887
(Skilled – Regional) visa.
New subparagraph 1136(3)(ba)(ii) provides that the new validity requirement does not apply
to an applicant who has nominated a skilled occupation which has been specified by the
Minister in an instrument in writing for paragraph 1136(3)(bb).
The effect of the new paragraph is to provide that an applicant who is seeking the grant of
either a Subclass 885 (Skilled – Independent) visa or a Subclass 886 (Skilled – Sponsored)
visa, who nominates an occupation specified by the Minister in an instrument in writing for
paragraph 1136(3)(bb) will be required to have had their skills assessed by the relevant
assessing authority as suitable for the applicant’s nominated skilled occupation.
The new paragraph provides an exception for an applicant who is seeking the criteria for the
grant of a Subclass 887 (Skilled – Regional) visa. Currently applicants seeking the grant of a
Subclass 887 (Skilled – Regional) visa are not required to have their skills assessed by the
relevant assessing authority as suitable. This is because it is a validity requirement for an
applicant seeking the grant of a Subclass 887 (Skilled – Regional) visa to be the holder of
either a Subclass 475 (Skilled – Regional Sponsored) visa or a Subclass 487 (Skilled –
Regional Sponsored). Both the Subclass 475 (Skilled – Regional Sponsored) visa and the
Subclass 487 (Skilled – Regional Sponsored) visa, require an applicant to have had their
skills assessed by the relevant assessing authority as suitable for the applicant’s nominated
skilled occupation to be eligible for the grant of the visa.
New paragraph 1136(3)(bb) prescribes a new validity requirement that an applicant who
nominates a skilled occupation, which is specified by the Minister in an instrument in writing
for the purposes of this paragraph must have been assessed by the relevant assessing
authority, on or after 1 January 2010 as suitable for the applicant’s nominated skilled
occupation.
New subparagraph 1136(3)(bb)(i) provides that the new validity requirement applies to an
applicant who is not seeking to satisfy the criteria for the grant of a Subclass 887 (Skilled –
Regional) visa.
New subparagraph 1136(3)(bb)(ii) provides that the new validity requirement applies to an
applicant who nominates a skilled occupation, which is specified by the Minister in an
instrument in writing for the paragraph.
These amendments provide that all applicants, with the exception of an applicant for a
Subclass 887 (Skilled – Regional) visa, have been assessed as holding suitable skills for the
nominated skilled occupation prior to lodging an application for a Skilled (Residence) (Class
VB) visa. This would ensure that a consistent standard of skills and competencies are held by
all applicants for a Skilled (Residence) (Class VB) visa. The amendments would also
provide that applicants, who nominate a skilled occupation specified by the Minister in an
instrument in writing, must have had their skills assessed as suitable by the relevant assessing
authority on or after 1 January 2010.
Item [2] – Schedule 1, after paragraph 1229(3)(a)
This item inserts new paragraphs 1229(3)(aa) and (ab) in item 1229 of Schedule 1 to the
Principal Regulations.
New paragraph 1229(3)(aa) prescribes a new validity requirement, which provides an
applicant for a Skilled (Provisional) (Class VC) visa must have had their skills assessed by
the relevant assessing authority as suitable for the applicant’s nominated skilled occupation.
New subparagraph 1229(3)(aa)(i) provides that the new validity requirement applies to an
applicant who is not seeking to satisfy the criteria for the grant of a Subclass 485 (Skilled –
Graduate) visa.
New subparagraph 1229(3)(aa)(ii) provides that the new validity requirement does not apply
to an applicant who has nominated a skilled occupation which has been specified by the
Minister in an instrument in writing for paragraph 1229(3)(ab).
The effect of the new paragraph is to provide that an applicant who is seeking to satisfy the
criteria for the grant of a Subclass 487 (Skilled – Regional Sponsored) visa who nominates an
occupation specified by the Minister in an instrument in writing for paragraph 1229(3)(ab)
will be required to have had their skills assessed by the relevant assessing authority as
suitable for the applicant’s nominated skilled occupation. The exception to the new validity
requirement is intended to allow applicants seeking the grant of a Subclass 485 (Skilled –
Graduate) visa adequate time to meet the relevant criteria for a permanent GSM visa.
New paragraph 1229(3)(ab) prescribes that an applicant who nominates a skilled occupation,
which is specified by the Minister in an instrument in writing for the purposes of this
paragraph must have been assessed by the relevant assessing authority, on or after
1 January 2010 as suitable for the applicant’s nominated skilled occupation.
New subparagraph 1229(3)(ab)(i) provides that the new validity requirement applies to an
applicant who is not seeking to satisfy the criteria for the grant of a
Subclass 485 (Skilled – Graduate) visa.
New subparagraph 1229(3)(ab)(ii) provides that the new validity requirement applies to an
applicant who nominates a skilled occupation, which is specified by the Minister in an
instrument in writing for the paragraph.
These amendments provide that all applicants, with the exception of an applicant for a
Subclass 485 (Skilled – Graduate) visa must have been assessed as holding suitable skills for
the nominated skilled occupation prior to lodging an application for a Skilled (Provisional)
(Class VC) visa. This would ensure that a consistent standard of skills and competencies are
held by all applicants for a Skilled (Provisional) (Class VC) visa. These amendments would
also provide that applicants who nominate a skilled occupation specified by the Minister in an
instrument in writing, must have had their skills assessed as suitable by the relevant assessing
authority on or after 1 January 2010.
Item [3] – Schedule 2, clause 175.211
This item substitutes clause 175.211 with new clause 175.211 in Part 175 of Schedule 2 to the
Principal Regulations.
New subclause 175.211(1) provides that in circumstances where the applicant has nominated
a skilled occupation which is specified by the Minister in an instrument in writing for this
subclause, the applicant must have been employed for at least 12 months in the period of 24
months immediately prior to the day on which the application was made.
This amendment provides that applicants who nominate a skilled occupation, which has been
specified by the Minister, must have been employed in the nominated skilled occupation for
at least 12 months in the preceding 24 month period prior to making an application for a
Subclass 175 (Skilled – Independent) visa. This will ensure that applicants for a Subclass
175 (Skilled – Independent) visa, who have nominated a specified skilled occupation hold
relevant up-to-date practical experience in their nominated occupation.
New subclause 175.211(2) provides that an applicant who has not nominated a skilled
occupation described in subclause 175.211(1) must have satisfied either of the following:
􀂃 been employed for at least 12 months in the period of 24 months immediately prior to
the day on which the application was made; or
􀂃 satisfied the Australian study requirement in the period of six months ending
immediately prior to the day on which the application was made; and
􀂃 each degree, diploma or trade qualification used to satisfy the Australian study
requirement is closely related to the applicant’s nominated skilled occupation.
This amendment preserves the current requirement for an applicant for a
Subclass 175 (Skilled – Independent) visa to have either been employed for 12 months in the
preceding 24 month period prior to lodging an application or to have satisfied the Australian
study requirement, using a degree, diploma or trade qualification, which is closely related to
the applicant’s skilled nominated occupation, in the six months prior to lodging an
application.
Item [4] – Schedule 2, clause 176.211
This item substitutes clause 176.211 with new clause 176.211 in Part 176 of Schedule 2 to the
Principal Regulations.
New subclause 176.211(1) provides that in circumstances where the applicant has nominated
a skilled occupation which is specified by the Minister in an instrument in writing for this
subclause, the applicant must have been employed for at least 12 months in the period of 24
months immediately prior to the day on which the application was made.
This amendment provides that applicants who nominate a prescribed skilled occupation,
which has been specified by the Minister, must have been employed in the nominated skilled
occupation for at least 12 months in the preceding 24 month period prior to making an
application for a Subclass 176 (Skilled – Sponsored) visa. This will ensure that applicants for
a Subclass 176 (Skilled – Sponsored) visa, who have nominated a specified skilled
occupation hold relevant up-to-date practical experience in their nominated occupation.
New subclause 176.221(2) provides that an applicant who has not nominated a skilled
occupation described in subclause 176.211(1) must have satisfied either of the following:
􀂃 been employed for at least 12 months in the period of 24 months immediately prior to
the day on which the application was made; or
􀂃 satisfied the Australian study requirement in the period of six months ending
immediately prior to the day on which the application was made; and
􀂃 each degree, diploma or trade qualification used to satisfy the Australian study
requirement is closely related to the applicant’s nominated skilled occupation.
This amendment preserves the current requirement for an applicant for a
Subclass 176 (Skilled – Sponsored) visa to have either been employed for 12 months in the
preceding 24 month period prior to lodging an application or to have satisfied the Australian
study requirement, using a degree, diploma or trade qualification, which is closely related to
the applicant’s skilled nominated occupation, in the six months prior to lodging an
application. |
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发表于 17-12-2009 01:44:29
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发表于 17-12-2009 01:46:55
