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Changes to requirements for Skilled (Residence) (Class VB), Skilled (Provisional) (Class VC), Skilled (Residence) (Class VE) and Skilled (Provisional) (Class VF) visas relating to evidence of skills
Commencement: 1 January 2010
Client summary
From 1 January 2010, the Migration Regulations 1994 ('the Regulations') are amended to provide a new requirement for all applicants seeking to satisfy the criteria for the grant of a Skilled – Independent (Subclass 885), Skilled – Sponsored (Subclass 886) and Skilled - Regional Sponsored (Subclass 487) visa. The new requirement means that a person must have had their skills assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation to lodge a valid application.
Visa applicants who nominate a skilled occupation which has been specified by the Minister in an instrument in writing, must have had their skills assessed by the relevant assessing authority, on or after 1 January 2010, as suitable for the applicant’s nominated skilled occupation.
The amendments further provide that all persons seeking to satisfy the criteria for the grant of a Skilled – Independent (Subclass 175), Skilled – Sponsored (Subclass 176) or Skilled - Regional Sponsored (Subclass 475) visa, who nominate a skilled occupation specified by the Minister in an instrument in writing, regardless of the person’s location at the time of application, must have worked in the skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made.
Affected legislation
The following provisions of the Regulations are amended:
* Schedule 1, paragraph 1136(3)(b) is amended
* Schedule 1, paragraph 1229(3)(a) is amended
* Schedule 2, clause 175.211 is amended
* Schedule 2, clause 176.211 is amended
* Schedule 2, clause 475.211 is amended
Additional information
The requirement for onshore Skilled – Independent (Subclass 885), Skilled – Sponsored (Subclass 886) and Skilled - Regional Sponsored (Subclass 487) visa applicants to have a skills assessment at time of application ensures a supply of 'job ready' applicants to supplement Australia's labour market needs, and specifically, a consistent standard of skills and competencies across migrants in trade occupations.
Transitional provisions
Transitional provisions are being implemented on 9 November 2009 to enable Student visa holders who were affected by an education provider closure in 2009 to lodge an application for a VAC refund. This provision is available to students in circumstances where they need to apply for a further Student visa to continue their studies as a result of the provider closure.
Forms
Form 1276 will be amended to reflect these changes.
Instructions
PAM3 will be amended to reflect these changes by 1 January 2010. |
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发表于 21-12-2009 15:21:37
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发表于 22-12-2009 01:49:12
