Expression of Interest: EOI

What is EOI:

From 1 July 2012, all intending migrants interested in the points based skilled migration or business investment and innovation visa programs will be required to submit an EOI and receive an invitation in order to lodge a visa application.

An EOI is not a visa application, it is an indication that you would like to be considered for a skilled visa.

You will be asked to provide a range of information in your EOI depending on the visa(s) you want to be considered for, such as:

• basic personal information
• nominated occupation
• work experience
• study and education
• level of English skills
• details of a Skills Assessment, related to your nominated occupation
• business and investment experience.

For more details on what questions and information you will need to supply in your EOI, you should refer to the webpage for the visa(s) you are interested in. 

Points Test

For the points based skilled migration and business innovation and investment visa programs , you will be ranked according to the appropriate points test. You will be able to submit an EOI even if you do not meet the pass mark; however, you will not be invited to apply for a visa. For information about how to calculate the points test, you should refer to the points test tab on the webpage for the visa you are interested in.

It is important to remember that meeting the points test pass mark does not guarantee you an invitation to apply for a visa.

If you select the subclass 190 or 489 visa(s) you will receive the appropriate points for nomination or sponsorship. For example if you select the 190 visa subclass you will receive 5 points which will be added to your points score. Your points score based on your claims in your EOI will then be displayed before you submit your EOI.

Nominated Occupation

If you are submitting an EOI for a visa that requires you to list a nominated occupation you should establish if your occupation is a skill that Australia needs. You can do this by checking the Skilled Occupation Lists. You must provide details of a Skills Assessment relating to your nominated occupation in your EOI.

What you need to do before submitting your EOI

While you don’t need to submit documents supporting your claims when you submit your EOI, you must have a range of information prepared.
For example, for an independent skilled visa you must have:

• completed a skills assessment and/or a job ready program
• taken an English-language test to prove you meet the English language requirement.

For details on what information you need to provide on your EOI, you should refer to the webpages for the visa(s) you are expressing interest in. 

Submitting an EOI

If you have researched your visa options and prepared the information required, you are ready to submit an EOI. All EOIs must be completed online using SkillSelect. You start your EOI by selecting the “submit an EOI” button on this website.

There is no fee to submit an EOI in SkillSelect.When you complete your EOI the system will give you a points score and results based on your claims.

Your result and points score, along with your time and date of effect becomes your ranking for some visas.  The time and date of effect of your EOI, is the date and time you submitted your EOI or the latest date and time you updated your EOI causing your eligibility or points score to change. Rankings are processed automatically by SkillSelect with no involvement of the department’s staff.

To submit a complete EOI you must meet all the threshold criteria for the relevant visa subclass yo uexpress interest in. If you do not meet the threshold criteria, you will have to deselect the visa before you can submit a complete EOI.

Once you have completed your EOI, it is stored in SkillSelect and is valid for two years.
If you have not completed your EOI it will be stored for two years, but you will not be eligible to receive an invitation.

After submitting an EOI

After you submit your completed EOI, you will receive notification from SkillSelect.

You can access your EOI and update your information at any time. You may wish to do this if you have gained new work experience, gained a higher qualification, improved your English language ability and/or changed your family composition. If you provide updated information which changes your points score or your ability to make a complete EOI, SkillSelect will update your ranking and ability to be considered for an invitation automatically.

It is your responsibility to access your EOI and update your details if your circumstances change. You will not be able to update your EOI after you have received an invitation. Your invitation to lodge a visa application is based only on the information presented in your EOI.

Your invitation to lodge a visa application is based on only on the information presented in your EOI. If you lodge a visa application and your points score is less than claimed in your EOI and invitation letter, your visa will be refused even if you are able to pass the points test or meet other threshold criteria. You will not receive a refund of any visa application charge if your visa application is refused.

If you receive an invitation and your points have decreased or your personal information is not accurate, you do not have to proceed to make an application. You should correct the information in your EOI and wait to receive another invitation.

Suspending, withdrawing or removing an EOI

Suspending an EOI

If you are unable to access your EOI for a length of time, then you can choose to suspend your EOI. While this will not extend the validity of your EOI it will stop you receiving invitations or contacts that you cannot act on, and will avoid your EOI being removed while you are, for example, on holiday and receive two invitations during that time.

If you receive an invitation, your EOI will be suspended automatically so your EOI cannot be considered for any subsequent invitation rounds or be available to employers to search for and contact you. Your EOI will remain suspended until such a time that you lodge a visa application and that application is finally determined or 60 days ceases and you do not lodge a valid visa application.  During this time you can view your EOI and your correspondence, but cannot update your answers on your EOI or select different visa types. 

Withdrawing an EOI

You can withdraw your EOI at any time by accessing your SkillSelect account and selecting the option “Withdraw EOI”. If you withdraw your EOI it will be permanently removed from SkillSelect. 

Removing an EOI

If you receive two invitations and you do not lodge a visa application in response to either of these invitations, your EOI will be removed from SkillSelect.

Your EOI will be removed automatically if it expires. Submitted EOIs expire after two years.  EOIs that are begun, but are never submitted as a complete EOI will also be removed automatically two years after they are commenced.

If you do not comply with the terms and conditions of SkillSelect, your EOI can be removed by the department at any time. You will be asked to read and agree to the terms and conditions when you register for a SkillSelect account. 

If you have a decision on a substantive visa application

If you are granted, refused or withdraw a permanent visa or a 489 or 188 provisional visa application, your EOI will be removed from SkillSelect.

If you are granted, refused or withdraw a temporary visa application, your EOI will remain in SkillSelect for future selection unless it is withdrawn, expires, or is removed.

Invitation and selection process 

Depending on what type of visa(s) you want to be considered for, you may receive an invitation to lodge a visa application, or an Australian employer may contact you to discuss a job opportunity. 

Occupation ceilings

An occupation ceiling may be applied to invitations issued under the points based skilled migration program. This means there will be a limit on how many EOIs are selected for skilled migration from an occupation group. This ensures that the skilled migration program is not dominated by a small number of occupations.

When this limit is reached, no further invitations for that particular occupation group will be issued for that program year. Invitations would then be issued to other EOIs who have nominated available occupations even if they are lower ranking. For the state and territory nominated visas, a state or territory will not be able to nominate you if your nominated occupation has reached its occupation ceiling.

You can view the occupation ceilings on the Reports page. 

Independent and family sponsored visas

Invitations will be issued automatically to people with the highest ranking EOIs, subject to occupation ceilings and to those whose points score exceed the current pass mark.

The points test pass mark is the minimum number of points required to receive an invitation. Not all EOIs that meet the points test pass mark will receive an invitation.

The department’s staff will not choose who will receive an invitation. Invitations will be issued regularly, such as every month. 

State and territory nominated visas

State or territory governments can select skilled workers who they want to nominate. State and territory governments may do their own assessment of people before they nominate them. If you are nominated by a state or territory and you have indicated that you meet the points test pass mark, you will then receive an invitation, subject to occupation ceilings.

When you submit an EOI for one of these visas, you will be asked to choose which state or territory you wish to live and work in. You can select one state or territory, or any state or territory. You will also be asked to indicate if you are prepared to live and work in a non-metropolitan area. If you choose only one state or territory then that state or territory government will be able to view your EOI. If you select any state or territory, then all state or territory governments will be able to view your EOI.

For more information about what the state or territory government's assessment criteria, refer to the state or territory government websites:

• South Australia
• Tasmania
• Victoria
• Western Australia
• New South Wales
• Queensland
• Northern Territory
• Australian Capital Territory 

Business innovation and investment visas

 State or territory governments will locate and select skilled business people that they want to nominate. State and territory governments may assess people before they nominate them. If you are nominated by a state or territory and you have indicated that you meet the points test, you will automatically receive an invitation.

On a limited basis, nominating state or territory governments may award additional points towards the innovation points test where they have determined that your proposed business is of exceptional economic benefit to that state or territory.

When you submit an EOI for one of these visas, you will be asked to select which state or territory you wish to live and work in. You can choose one state or territory, or any state or territory. If you select only one state or territory, then that state or territory will be able to view your EOI. If you select any state or territory, then all state or territory governments will be able to view your EOI.

For more information about what the state or territory governments will assess you on before nominating you, refer to the state or territory government websites:

• South Australia
• Tasmania
• Victoria
• Western Australia
• New South Wales
• Queensland
• Northern Territory
• Australian Capital Territory 

Employer sponsored visas 

Employers can search for and contact skilled workers that they want to discuss job opportunities with. If you are contacted by an employer in SkillSelect, you can choose to respond to them to discuss employment and visa opportunities. You will not receive an invitation to apply for an employer sponsored visa.

When you submit an EOI for one of these visas, you will be asked which state or territory you are interested in living and working. You will also be asked to indicate if you are prepared to live and work in a non-metropolitan area. You will be able to select one or more state or territories, or any state or territory. Employers will be able to view your EOI and will be able to narrow their searches to specifically focus on skilled workers in their area. SkillSelect protects your personal information such as your name, date of birth and other characteristics that could personally identify you. This information will not be made available to employers.

If you have already received sponsorship from an employer, you do not need to submit an EOI in SkillSelect. 

If you receive an invitation

If you are invited to apply for a visa, you will receive an invitation from SkillSelect. You will then have 60 days to make a valid visa application online, before the invitation expires. Applications received outside this timeframe will be invalid.

The invitation will contain instructions on how you can lodge your visa application.
As the online visa application system uses information from your EOI, you do not need to re-enter information you already provided on your EOI.

You must provide evidence of your claims with your visa application. Health and character will be assessed and requested during the visa application stage.

Be aware: If you do not make a valid visa application after receiving two invitations, your EOI will be removed from SkillSelect.

If you are not invited or selected

More people want to migrate to Australia than there are places available. This means not everyone who submits an EOI will receive an invitation to apply for a visa.

Your EOI will stay in SkillSelect for two years from the date you submit it. At any time during the validity of your EOI, you may update your details to reflect any additional qualifications or experience you may have obtained. This may increase your likelihood of being invited or an employer contacting you.

You may receive notifications from SkillSelect notifying you of visa programs changes, that your EOI is expiring, or other information that you may find useful. You will not be notified of the progress of your EOI or be able to obtain updates on the likelihood of receiving an invitation.

After each invitation round for the points based skilled migration visas, the department will publish on the Reports page the lowest scoring points test mark that allowed an EOI to be invited for each relevant subclass. This will give you an indication of your potential for receiving an invitation in future rounds.

An EOI is not a visa application. You cannot access merits review by the Migration Review Tribunal (MRT) if you do not receive an invitation to apply. If you want to express concerns to the department about the invitation process, you can provide feedback online - Global Feedback Unit.

Visa programs in SkillSelect

From 1 July 2012, if you are interested in the following visas, you will need to submit an EOI and receive an invitation before you can apply for a visa:

• Subclass 189 Skilled – Independent (Permanent)
• Subclass 190 Skilled – Nominated (Permanent)
• Subclass 489 Skilled – Regional Nominated or Sponsored (Provisional)
• Subclass 132 Business Talent (Permanent)
• Subclass 188 Business Innovation and Investment (Provisional)

You can also express interest in the following visa programs on your EOI to be contacted by an employer.

• Subclass 186 – Employer Nomination Scheme (ENS)
• Subclass 187 – Regional Sponsored Scheme (RSMS)
• Subclass 457 – Temporary Business (Long Stay)

You can express interest in a range of skilled migration visas in one EOI.

Australia to Implement Skilled Migrant Selection Register from July 1, 2012

The Department of Immigration and Citizenship (DIAC) has released additional details about the Skilled Migrant Selection Register (SkillSelect) reform which was announced on May 11, 2011.

The implementation of the new Skilled Migrant Selection Register known as SkillSelect is aimed to help Australia select the best and brightest skilled migrants from a huge number of prospective migrants and to fill the available places in the migration program. The SkillSelect system will be based on an Expression of Interest (EOI) and subsequent invitation to apply to ensure a match between the number of applicants, the number of available program places and the available processing resources.

DIAC describes SkillSelect as an electronic two-stage process. Prospective applicants first have to submit a claim for skilled migration through an online EOI and they may then be invited to lodge an Australian visa application on the basis of their EOI. Applicants will be selected from their points test score in each occupation category and invited to apply for skilled migration to Australia at regularly scheduled intervals.

All prospective applicants will be required to meet the relevant English language proficiency and obtain the necessary skills assessment prior to their EOI submission.

The SkillSelect system will affect prospective applicants for the following skilled visas:

• Skilled Independent subclass 175 (migrant) and 885 (residence)
• Skilled Sponsoredsubclass 176 (migrant) and 886 (residence)
• Skilled Regional Sponsored subclass 475 (provisional) and 487 (provisional).

SkillSelect will take effect on July 1, 2012 and from that date, all new prospective applicants for the visas listsed will have to submit an EOI and wait for an invitation before they can lodge their visa application. For those who have lodged a visa application before that date, DIAC will process the application in accordance with any priority processing direction in effect at that time.

New Points System from 1st July, 2011

So the bottom line of the new rules is

1. Increase your English language scores.
2. Gain more work experience.

Why is a new points test being introduced?

On 8 February 2010, the Australian Government announced a series of reforms to the skilled migration program, including a review of the points test. The points test review found the current points test had led to a skewing of applications toward a small number of occupations and does not always lead to outcomes that are consistent with the objectives of the skilled migration program.

How was the new points test developed?

The Department of Immigration and Citizenship consulted widely in developing the new points test. On 15 February 2010, the department released a discussion paper inviting responses from stakeholders and the general public. More than 220 responses were received from a variety of individuals and organizations including industry peak bodies, education providers, migration agents, current and former international students, prospective migrants from outside Australia and the wider Australian community. State and territory governments were also consulted on the various options under consideration.

The department also took into account research on what aspects of the skilled migration program delivered the greatest contribution to the Australian economy.

How is the new points test different from the current points test?

The new points test provides for migrants with a better balance of skills and attributes. As no one factor will guarantee migration, successful migrants will need to possess a combination of skills and experience. The changes focus on better English language skills, more extensive skilled work experience, higher level qualifications obtained in Australia and overseas and different age ranges. The new points test will continue to award points for study in Australia, regional study, community languages, partner skills and a Professional Year. Points will no longer be awarded on the basis of an applicant’s occupation, but all applicants must still nominate an occupation on the applicable Skilled Occupation List. See: www.immi.gov.au/skilled/general-skilled-migration/pdf/points-fact.pdf

Who will the new points test apply to?

It is important to note that the new points test will only apply to one component of the skilled migration program. This change will not affect every type of skilled migration visa and only applies to applicants for the following visas:

• Subclass 885 Skilled Independent

• Subclass 886 Skilled Sponsored

• Subclass 487 Skilled Regional Sponsored

• Subclass 175 Skilled Independent

• Subclass 176 Skilled Sponsored

• Subclass 475 Skilled – Regional Sponsored.

When will the new points test come into effect?

It is proposed that the new points test will apply to applications made from 1 July 2011, unless the applicant is eligible for transitional arrangements.

Transitional arrangements apply to people who, on 8 February 2010 held or had applied for a Temporary Skilled Graduate visa (subclass 485). Until the end of 2012, this group is able to apply for a permanent skilled visa under the points test in effect as at 8 February 2010.

Student visa holders who lodge an application for points tested skilled migration from 1 July 2011 will be assessed under the new points test. There are still transitional arrangements which may apply to those students affected by the reforms announced on 8 February 2010.

People who held an eligible Student visa on 8 February 2010 still have until the end of 2012 to apply for a Temporary Skilled Graduate visa (subclass 485) under the arrangements in place for that visa as at 8 February 2010.

See: www.immi.gov.au/students/_pdf/recent-changes-gsm.pdf

I am a current international student, and am not eligible for the transitional arrangements detailed above. Will the new points test affect me?

After 1 July 2011, if you are not eligible for transitional arrangements and you lodge an application for any of the visas listed above, you will need to meet the requirement of the new points test

Will the pass mark change under the new points test?

Yes. The pass mark is a tool that allows for management of the skilled migration program and is always subject to change. It is expected that the pass mark will be set at 65 points.

There will no longer be a distinction in the pass mark between independent and sponsored visas and permanent and provisional visas.

I am considering applying for a points tested visa. Should I apply now, or wait until the new points test is introduced?

The decision is one for you to make. The department recommends you carefully consider your situation to determine whether the current or the new points test would be of most benefit to you.

For example, people with higher level qualifications, English language proficiency or more extensive skilled work experience may benefit under the new points test.

I have already lodged an application for a GSM visa. Can I choose to have my application assessed under the new points test?

No. Applications lodged before 1 July 2011 will be assessed against the current points test.

If you want to have your application assessed against the new points test, you will need to lodge a new application after the new points test is introduced. It is important to note that if you choose to lodge a new application, you will be required to pay a new Visa Application Charge (VAC). You will not be able to have the VAC you paid in association with your first visa application refunded.

I will not be ready to lodge an application before 1 July 2011 and under the new points test I don’t think I will be able to meet the pass mark. What are my options?

Australia is fortunate in that there are many more people seeking migration than places available. Skilled migration to Australia is highly competitive and requirements adjust over time according to Australia’s skills needs. Not everyone will be able to meet the requirements for skilled migration.

You may want to consider your eligibility to apply for an alternative migration option, such as the Employer Nomination Scheme or Regional Sponsored Migration Scheme. Further information on these programs is available on the department’s website.

See: www.immi.gov.au/skilled/

Will there be more changes to the requirements for skilled migration?

Australia’s skilled migration program is run to benefit Australia. The program is designed to help deliver the skills the Australian economy needs. The skilled migration program must remain flexible to adjust to economic circumstances to select the best people to contribute to Australia’s future. The program will continue to change over time.

The introduction of the new points test is part of a suite of reforms announced on the 8 February 2010 aimed at delivering a skilled migration program that will select migrants with the high value, nation-building skills that are needed by the Australian economy and labour market.

Why have occupation points been removed from the new points test?

The points test review found that the current points test gives undue weight to a person’s occupation, as an applicant can claim up to half the points needed to meet the pass mark on the basis of their nominated occupation alone.

The introduction of a more targeted Skilled Occupation List (SOL) means it is no longer necessary to award points on the basis of occupation, as all applicants must nominate an occupation from the new list.

Will the new points test changes apply to the threshold age requirements?

Yes. The maximum age threshold for applicants will be raised from 45 to 49. This recognises that in many professions, workers do not reach their full potential until their mid to late 40s, and that significant work experience is a key factor in determining a skilled migrant’s labour market performance.

While applicants aged 45-49 will be eligible to apply, no points will be awarded for age. This means that those applicants will have to have outstanding results in other areas in order to meet the pass mark.

Will the new points test change the allocation of points across different age brackets?

Yes. Australian Bureau of Statistics data and the department’s research indicate that highly skilled migrants who come to Australia between the ages of 25-32 add the most benefit to the Australian economy in terms of lifetime earnings.

I am over the age of 45 and wish to apply. Do I need to wait until the new points test is introduced?

Yes. The maximum age requirement will not be increased until the new points test comes into effect.

Is there a new minimum English language requirement?

For all skilled migration points tested visas the threshold English language requirement will be Competent English, which is a minimum score of 6 in each of the four components of the International English Language Testing System (IELTS) test. No points will be awarded for English language where an applicant has Competent English.

Will the new points test allow applicants to claim points for higher levels of English language proficiency?

Yes. The new points test will recognise applicants with higher levels of English language proficiency.

Will the new points test award points for both overseas and Australian work experience?

Yes. The new points test gives more recognition to applicants who have more extensive skilled work experience, either in Australia or overseas.

Will the new points test award points for experience in any skilled occupation?

No. To claim points for work experience under the new points test, the experience must be in an applicant’s nominated occupation, or a closely related occupation.

I have worked in my nominated occupation in Australia and overseas. Can I claim points for both overseas and Australian work experience?

Yes. If you are able to meet the requirements to claim points for both Australian work experience and overseas work experience under the points test then you will be recognised for both.

For example, an applicant who has worked in their nominated occupation overseas for three out of the past five years and in Australia for one in the past two years will be able to claim ten points for work experience – five points for their overseas work experience and five points for their Australian work experience. Points for skilled work experience will be awarded as follows:

Why are more points awarded for Australian work experience, compared with the same length of overseas experience?

The points test recognises the extra value Australian work experience provides in assisting migrants find skilled employment and settle easily in Australia.

Will points still be awarded under the new points test for the completion of a Professional Year?

Yes. Under the new points test, five points will be awarded to applicants who complete an approved Professional Year in their nominated occupation or a closely related skilled occupation.

Under the new points test will applicants be able to claim points for both a Professional Year and Australian work experience?

Yes. The current points test is designed so that applicants can only claim points for either Australian work experience or the completion of a Professional Year. The new points test allows an applicant to claim points for both completing a Professional Year and meeting work experience requirements. It is important to note however that work conducted as part of the Professional Year program will not be eligible for consideration as work experience.

Why will the new points test award more points to higher level qualifications?

The new points test awards more points to certain higher level qualifications as higher level qualifications generally result in increased earning capacity.

Why doesn’t the new points test award extra points to an applicant who studies a Master program after completing their Bachelor Degree?

Applicants who complete a Master program after completing a Bachelors degree are not awarded extra points, as research indicates that the labour market outcomes of previous skilled migrants have not been improved by holding a Masters degree.

Under the new points test will I be able to claim points for two qualifications?

No. The new points test will only allow applicants to claim points for their highest level qualification. For example, if an applicant has completed a Bachelors Degree and a PhD, they will only be able to claim points for the PhD.

To claim points for a qualification or apprenticeship obtained overseas, do I have to have the qualification recognised?

Yes. To claim points for a qualification or apprenticeship obtained overseas, it will need to be recognised as being of a standard comparable to that awarded by an Australian education institution. Further information regarding the process for having an overseas qualification or apprenticeship recognised will be made available closer to the date of implementation of the new points test.

Are there any restrictions on what Australian qualifications can be used to claim points?

Yes. To claim points for an Australian qualification, the qualification must have been undertaken while the applicant was in Australia and it must have been completed as the result of a course of study that was at least two academic years (that is, 92 weeks as registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)).

Will the new points test still allow points to be claimed for the Australian study requirement?

Yes. Applicants who have studied in Australia and who have met the Australian study requirement will be eligible for five points under the new points test.

Under the new points test can I use the same period of study to claim points for both qualifications and Australian study?

Yes. The new points test will allow applicants who have studied in Australia to use the same period of study to claim points for qualifications and for meeting the Australian study requirement. For example, if you obtain a PhD and meet the Australian study requirement, you can claim 20 points for the PhD and five points for the study in Australia.

Will the new points test continue to award points to applicants who have studied in regional Australia?

Yes. Under the new points test applicants who satisfy the Australia study requirement while studying in regional Australia will continue to be awarded an additional five points. These points will be available in addition to points claimed for the qualification and for meeting the Australian study requirement.

Under the new points test will applicants still be able to claim points for fluency in a designated community language?

Yes. The new points test will award five points to applicants who meet the requirements to claim points for community language.

Will the new points test change the evidence required to claim points for community language?

Yes. The new points test will recognise applicants who are accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) in a designated language.

Points for designated language will no longer be able to be claimed on the basis of having obtained a qualification from a university where instruction was in that language

Will applicants still be able to claim points for partner skills under the new points test?

Yes. The new points test will continue to award five points where the primary applicant’s partner satisfies the threshold criteria for GSM.

Under the new points test, to claim partner points the primary applicant’s partner will need to meet the following criteria:

•be included on the same visa application as the primary applicant

•not be an Australian permanent resident or citizen

•be less than 50 years old at the time of application

•nominate an occupation on the Skilled Occupation List, and be assessed by the relevant assessing authority as having suitable skills for the occupation

•have Competent English

•have been employed in a skilled occupation for at least 12 months in the 24 months before the application is lodged.

Will the new points test change the award of points for sponsorship?

Yes. The new points test will award points for sponsorship as follows.

Nomination by a state or territory government under a state migration plan, or sponsorship by an eligible relative, to a regional area for the purposes of a subclass 487 or subclass 475 Skilled – Regional Sponsored application.

Will family sponsored applicants still be eligible to apply for a permanent Skilled – Sponsored visa?

No. As part of the changes accompanying the introduction of the new points test, from 1 July 2011 applicants for the Skilled – Sponsored subclass 176 or 886 visa subclasses will need to be sponsored by a state or territory government under a state migration plan.

There will no longer be a permanent family sponsored skilled migration visa however eligible family members can still sponsor relatives under the provisional sponsored skilled migration visa. Holders of a provisional sponsored skilled migration visa may be eligible for a Skilled Regional (Residence) visa (subclass 887) after meeting certain eligibility criteria.

Will family sponsored applicants still be able to apply for a provisional Regional Sponsored visa?

Yes. The new points test will continue to award points to applicants for a subclass 475 or subclass 487 who are sponsored to a regional area by an eligible family member or a state or territory government under a state migration plan. Holders of either of these provisional sponsored skilled migration visas may be eligible for a Skilled Regional (Residence) visa (subclass 887) after meeting certain eligibility criteria.

Is there a specific contact number that I can use to find out more about these changes?

The department is operating a dedicated telephone line to respond to any queries on the new points test. Telephone: 1300 735 683

The detailed break down of the points can be accessed by visiting the URL below and opening the PDF file.

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-fact.pdf

FAQS: Changes to Australian Migration Program 2009

Q1 What changes have been announced for the Skilled Migration program?

The changes announced to the skilled migration program by the Minister for Immigration and Citizenship are:

• a new section 499 ministerial direction on priority processing
• the introduction of a critical skills list (CSL)
• greater scope for state and territory governments to meet critical skills shortages in their jurisdiction.

Q2 What applicants will receive priority processing?

The new priority processing Direction gives priority to applications with employer sponsorship, state or territory sponsorship, business skills and those with an occupation on the CSL.

Q3 When will these changes be introduced?

These changes will be effective from 1 January 2009.

Q4 Why have these changes been introduced?

In the 2008 Budget, the skill stream of the migration program for 2008-09 was significantly increased to 133 500 places as part of the Government’s strategy to counter the risk of increased inflation due to pressure on the growth of wages. However, since the 2008 Budget, there has been a significant change in Australia’s economic circumstances as a result of the recent global financial crisis.

This crisis has weakened the Australian economy, as reflected in the recent Mid Year Economic and Fiscal Outlook (MYEFO) forecasts. In response to these changes in circumstances, the minister has announced a more targeted approach to the 2008-09 skilled migration program. This announcement includes priority processing of employer sponsored, state and regional sponsored and business skills visas and the introduction of a CSL of occupations. People seeking to migrate to Australia who have skills or qualifications in one of the occupations on the CSL will be processed in a higher priority to those applicants who do not. This will include all applications that are on hand at the time of the announcement as well as any applications received in the future.

Q5 Are these changes temporary or permanent?

The skilled migration program is continually reviewed and assessed for its relevance and outcomes in light of the economic and social needs of Australia. The program is modified as these needs change.

Q6 Will the program be capped, either officially or unofficially?

If the processing of priority categories does not consume all of the department’s processing resources, there are a number of legislative based tools available to the minister to manage the skilled application pipeline, if necessary, including suspension of processing or capping the number of visas to be issued.

Q7 Is there any difference in processing between onshore and offshore programs?

No, the new priority processing will affect onshore and offshore applications equally.

Q8 What occupations or industries are being affected?

Occupations that are not included in the CSL will not be given priority processing unless applicants are sponsored by an employer or sponsored or nominated by a state or territory government.

Q9 How can states and territories sponsor people?

States and territories can sponsor people who have an occupation on their state skills shortage list and they may also sponsor up to 500 people a year who do not have occupations on their state list. Applicants should directly approach the state or territory in which they wish to live to enquire about sponsorship.

Q10 How many people can states and territories bring in under the state and territory skills shortage list?

The number of potential migrants which each state or territory can sponsor from their skills shortage list is unlimited, barring the total skilled migration program’s ceiling being reached. However, each state and territory is allocated a quota of 500 off-list nominations per program year from occupations included on the Skilled Occupations List (SOL) but not on the state’s skills shortage list. These off-list nominations are in addition to the nominations from the state skills shortage list.

Q11 What is the state skills shortage list?

Each state compiles its own skills shortage list. Each state or territory can sponsor potential migrants with skills in an occupation included on their skills shortage list for a GSM visa. Applicants sponsored by a state or territory government receive an additional 10 points on the GSM points test.

Q12 Is there any restriction on the types of skills that states and territories can bring in under the state skills shortage list?

The state skills shortage lists identify occupations believed to be in shortage in each jurisdiction. The only limitation is that occupations included on the state skills shortage lists must also be listed on the GSM SOL.

Q13 Can the states and territories bring in people with skills that are not on the CSL?

Yes, states and territories may sponsor applicants who have nominated an occupation which is on the SOL but is not on the CSL. They may use their 500 off-list nominations to sponsor other applicants.

Q14 What is happening to the Migration Occupations in Demand List (MODL)?

There have been no changes to the points allocated for MODL. The MODL will be reviewed as necessary to determine any changes required for its continued use for skilled migration purposes. Under the section 499 direction, general skilled migration applicants who nominate an occupation from the MODL will receive priority processing after those applicants who nominate an occupation from the CSL and those applicants sponsored or nominated by a state or territory government.

Q15 When will the review of the MODL be undertaken?

It is expected that the review of the MODL will be undertaken in early 2009.

Q16 What subclasses have been affected by this announcement?

The introduction of the CSL and the changes to the processing priorities will affect applications for most GSM subclasses, including those lodged after 1 January 2009 and those already lodged but not yet granted. Applicants for subclasses 485 and 887 will not be affected by this change.

Q17 How many grants were made in 2007-08 for skills that are now on the CSL?

During program year 2007-08, there were 23 424 grants made to all subclasses for occupations that are now on the CSL.

Q18 Where do agents/clients enquire about specific cases?

In the first instance, agents and clients should refer to the information available on the department’s website. This will provide valuable background information on the changes and possible implications.

Where an agent or client’s question is not answered by the information available on the website, they can contact the

General Skilled Migration line on:

• 1300 364 613 (in Australia) for the cost of a local call
• +61 1300 364 613 (outside Australia) (Charges applicable in your home country will apply.)

Q19 What is the feedback mechanism for general queries about the change?

General enquiries about the changes should be referred to the information available on the department’s website. Where more specific information is required, clients can contact the General Skilled Migration line on:

• 1300 364 613 (in Australia) for the cost of a local call
• +61 1300 364 613 (outside Australia) (Charges applicable in your home country will apply.)

Q20 Has something like this happened before?

In 1997, the department introduced priority processing in the partner migration program. In that instance, applicants sponsored by an Australian citizen with children were given priority. The MODL is updated periodically, based on DEEWR labour market research, to meet the changing skill shortages in Australia.

Q21 What is the processing priority going to be now?

The new priority processing direction gives priority processing to permanent applications in the following order:

• employer sponsorship
• state or territory sponsorship
• an occupation on the CSL
• an occupation on the MODL
• and then all other applications.
  

The new priority processing direction gives priority processing to provisional applications in the following order:

• state or territory sponsorship
• family sponsorship where the applicant’s occupation is listed on the CSL
• and then all other applications.

Q22 What will happen to those applications which are in the final stages of processing and where the department has requested applicants to provide health and character clearances?

Those applications which are currently close to being finalised, will be finalised by the department, subject to health and character clearances.

Q1 How will these changes impact on international students?

Australia has a well-deserved reputation for high-quality education and training. We continue to welcome overseas students, and appreciate the contribution they make to both academic life and the communities in which they live. There are no changes being proposed to the student visa program itself. The pathway from a student visa to GSM also remains in place. However, applying for a student visa and applying for General Skilled Migration (GSM) are separate processes. It is important to note that student visas are aimed at achieving an educational outcome. GSM on the other hand is predominantly driven by the labour market needs of Australia.

Q2 I am an international student, can I still apply for permanent residence?

International students who were eligible for permanent residence before these changes will still be eligible for permanent residence. International students who have graduated from an Australian education provider and meet other necessary requirements will still be eligible to apply for permanent residence under the GSM program. Student visa holders will still need to meet the points test and basic eligibility requirements such as having the required level of English language proficiency and having completed a degree, diploma or trade qualification resulting from at least two academic years of study in Australia.

While the requirements for GSM have not changed, Australia continually adjusts and reviews its migration program to ensure it meets changing needs and circumstances. Prospective permanent visa applicants should continue to monitor the website for changes.

Q3 The course I am studying will not allow me to qualify for an occupation on the Critical Skills List (CSL), can I still apply for a permanent residence visa?

These changes do not impact on the application requirements for GSM. The points test and requirements for General Skilled Migration have not changed. Students studying in courses leading to 50- or 60-point occupations on the Skilled Occupation List (SOL) will still be eligible to apply for GSM. Students with 60-point occupations will also still be eligible for additional points on the points test if that occupation is listed on the Migration Occupations in Demand List (MODL). The SOL and MODL have not changed. Eligible applicants with occupations not on the CSL will still be able to apply for GSM. However, their visa applications will not be processed as quickly. Those people nominating occupations on the CSL will be given processing priority.

Q4 What visas other than skill stream visas can I access?

International students holding a student visa can continue to apply for other temporary or permanent visas provided that they meet the necessary eligibility criteria.

Q5 The course I am studying will not allow me to qualify for an occupation on the Critical Skills List - Can I enrol in another course?

Students wishing to change course should firstly discuss with their education provider how this can be done. Those students who wish to change to a course in a different education sector may also need to apply for a Student visa of a different subclass and should contact the Department of Immigration and Citizenship (DIAC).

Q6 I am an education provider with students enrolled in a course that will not allow them to qualify for an occupation on the CSL and these students are now withdrawing their enrolment. Is the Government going to compensate me?

No. The Government has not made any changes to international education or student visa policy. There is no reason why a provider cannot continue to offer the same courses. The occupations eligible for GSM have not changed. The changes will only impact on those students who apply for GSM on graduation. The change will mean faster visa processing for applicants with a job offer or who are sponsored by a State or Territory Government or who have an occupation on the CSL.The government changes GSM visa requirements in response to economic conditions and labour market needs. As such, the government makes no guarantees that courses delivered by education providers in response to students seeking a permanent migration outcome will continue to assist them in meeting this goal.

Q7 What further changes are proposed for the student program?

At this time, there are no changes proposed to the student visa program. Applying for a student visa and applying for General Skilled Migration (GSM) are separate processes. GSM requirements may be altered in future in response to changing economic circumstances. The Government is focused on shifting the outcome of the migration program to a more industry driven model where employer sponsored visas become a significant pathway to permanent residence. Further changes along this direction will potentially be made in the future.

Q1 Do these changes affect my 457 application?

No.

Q2 Can I apply for GSM while I hold a 457 Visa?

Yes, you can apply for an offshore GSM visa in Australia as a holder of 457 visa as long as you meet the threshold requirements. However, as this is an offshore category visa, you must be outside Australia at the time of grant and you will not be eligible for a bridging visa.

Formula for calculating two year study

After a lot of searching, I have finally found out the formula, the immigration department case officers use, to calculate whether a student has studied for two years or not.

Here is the formula.

T=L X C/U , where:

T= Duration for which the student studied the course
L= length of course on CRICOS
C = number of units completed by student, excluding exemptions
U = number of units which would be necessary to complete the studies


Hope this helps all those who are not clear about the two year study rule.

Kind Regards

Junaid

Australia updates Migration Occupations in Demand List

Australia has updated its Migration Occupations in Demand List (MODL), adding twelve new specialties and removing one. The MODL is a list of occupations that the Department of Education, Employment and Workplace Relations (DEEWR) consider to have a shortage of skilled labor in Australia.

Immigration authorities grant bonus points to skilled migrants who have experience in an occupation listed on the MODL when applying for skilled immigration to Australia. The nation uses a points based system, much like the UK's Tier 1 skilled immigration system, which assesses applicants based upon factors such as age and past experience. Successful applicants may be eligible to immigrate to Australia under a permanent visa, even without a previous job offer from an Australian employer.

Twelve occupations were added to the MODL on 17 May 2008, including five Computing Professional specializations. Electronics Engineer, Optometrist and Dental Technician were also added to the list. In addition, three trade occupations were added: Binder and Finisher, Landscape Gardener, and Tree Surgeon.

The 'Computing Professional specializing in Sybase SQL Server' profession was removed from the MODL.

For a complete listing of occupations in demand in Australia, see our online MODL. Also, please note that the MODL is a separate list from the Skilled Occupation List (SOL).

People applying for skilled immigration to Australia under the General Skilled Migration program must show experience and/or qualifications in a job listed on the SOL to qualify for entry. However, if they can also nominate an occupation that is also listed on the MODL at the time the application is lodged or assessed by immigration authorities, they can gain bonus points for the 'occupation in demand/job offer' section of the General Skilled Migration points test.

To see if you have the qualifications that Australia is looking for, use our points calculator.

Points for PR

For most General Skilled Migration visas, your application will be assessed against a points test. You can claim points under a range of different factors. The maximum points that can be claimed in any one factor reflects how valuable those characteristics are in the Australian labour market or in assisting settlement.

What is the pass mark?

The pass mark is the total points you need to score to be eligible for a points–tested General Skilled Migration visa.

What happens if you don't meet the pass mark?

If you have applied for a Skilled – Independent (Migrant) visa (subclass 175) or a Skilled – Sponsored (Migrant) visa (subclass 176) and you score below the pass mark, but above the 'pool mark', your application will be held 'in the pool' for up to two (2) years after assessment.

If the pass mark is lowered at any time in that two (2) year period, and your score is equal to or higher than the new pass mark, your application will be processed further.

Rather than waiting in the pool, you could consider the following visa options if you do not meet the pass mark:

1. If you score 100 points you may be eligible for a Skilled – Sponsored (Migrant) visa (subclass 176) or a Skilled – Regional Sponsored (Provisional) visa (subclass 475) visa.
   See:
   Skilled – Sponsored (Migrant) visa (subclass 176) visa
   Skilled – Regional Sponsored (Provisional) visa (subclass 475) visa
2. If you meet the pool mark for the Skilled – Independent (Migrant) visa (Subclass 175), you can still lodge and register for the Skill Matching Database. More information on Skill Matching is available.
   See: Skill Matching Database
   

What are the current pass and pool marks?

The table below lists all the current pass and pool marks for the points–tested visas in the General Skilled Migration category.

Category	Pass mark	Pool mark
Skilled – Independent (Migrant) visa (subclass 175)	120	100
Skilled – Sponsored (Migrant) visa (subclass 176)	100	80
Skilled – Regional Sponsored (Provisional) visa (subclass 475)	100	100
Skilled – Independent (Residence) visa (subclass 885)	120	120
Skilled – Sponsored (Residence) visa (subclass 886)	100	100
Skilled – Regional Sponsored (Provisional) visa (subclass 487)	100	100

How often do the pass and pool marks change?

Changes to the pass and pool marks occur to address Australian labour market needs.

You should check the current pass mark immediately before making an application. You will be assessed against the pass and pool mark that is in effect on the day you make your application.

Points Break down

You can calculate your points at this link

http://www.workpermit.com/australia/point_calculator.htm

-------------------------------------------------------------

Please note that the pass marks are subject to change. You should check the latest pass marks when making decisions. I will update my blog regularly to reflect any changes in the pass marks.