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NOVEMBER CHANGES – THE FULL PICTURE

1 Nov 2019

We finally have the full picture regarding the November 16th changes to the Australian Skilled Migration system. The anticipated changes to occupation list(s) framework to enable the new Subclass 491 Skilled Work Regional (Provisional) visa and Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa, have finally been published, with 16 days to spare, before they commence on November 16th.

For more information about the earlier published changes that introduced these new visas please click here to read our previous news item.

In short, if you were planning on making a points-tested skilled visa application there have been no changes to the list of occupations. The previous list LIN 18/051 was simply altered by substituting references to the 489 with the new 491 visa in the new legislative instrument (LIN 19/243). [1]  Importantly, the points threshold remains 65 points! [2]  Although we can expect higher invitation thresholds as we have been experiencing for some time looking at the Department of Immigration’s Invitation Round figures. [3]

Sadly, the expectation that we could anticipate 77 new occupations for the new regional visas has not eventuated. In fact, our analysis has shown that 23 occupations have been removed from the Regional List that has been published for the new 494 visa that supersedes the 187 RSMS List of occupations. [4] This is disappointing, to say the least.

For prospective applicants under the points-tested streams, on the whole, the November changes mean business as usual. With no changes to the occupations list and 65-point threshold, most applicants will be relishing the opportunity to collect some extra bonus points come November 16th in order to get ahead in the SkillSelect Expression of Interest pool. 

Best of luck to anyone who is in the application process. If we can offer any help or insight please don’t hesitate to give us a call on +44 (0)1483 550914, or feel free to email us to info@immigration2oz.com

 

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[1] Migration (Specification of Occupations and Assessing Authorities) Amendment (LIN 19/243: Subclass 491 Visas) Instrument 2019

[2] Migration (LIN 19/210: Pool and Pass Marks for General Skilled Migration Visas) Instrument 2019

[3] https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

[4] Migration (LIN 19/219: Occupations for Subclass 494 Visas) Instrument 2019

 

Other notable legislative changes that occurred in the volley of legislation that was listed on the federal register are as follows:

Legislative Instruments
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Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument 2019
The instrument operates to specify the approved form and the place and manner in which applications must be lodged for certain skilled and temporary graduate visas.
Item was registered on 31/10/2019
https://www.legislation.gov.au/Details/F2019L01401


Migration (LIN 19/210: Pool and Pass Marks for General Skilled Migration Visas) Instrument 2019
This instrument operates to set a pool and pass mark for General Skilled Migration Visas.
Item was registered on 31/10/2019
https://www.legislation.gov.au/Details/F2019L01400


Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019
This instrument operates to specify exempt occupations for a nomination of a proposed occupation made under regulations 2.72 and 2.73 of the Regulations, on or after 18 March 2018, obligations arising in relation to a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa under regulation 2.86 of the Regulations, on or after 18 March 2018, an application for approval of a nomination of a position made under regulation 5.19 of the Regulations, on or after 18 March 2018, an application for a Subclass 482 (Temporary Skill Shortage) visa, made on or after 18 March 2018, and a Subclass 482 (Temporary Skill Shortage) visa granted on or after 18 March 2018.

It also operates to specify exempt occupations for a nomination of a proposed occupation made under regulations 2.72C and 2.73B of the Regulations, on or after 16 November 2019, obligations arising in relation to a Subclass 494 (Skilled Employer Sponsored Regional (Provisional) visa under regulation 2.86 of the Regulations, on or after 16 November 2019, an application for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, made on or after16 November 2019, and a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa granted on or after 16 November 2019.
Item was registered on 31/10/2019
https://www.legislation.gov.au/Details/F2019L01399


Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019
The instrument specifies exemptions in relation to age, skills, employment history or English language requirements for the Subclass 186 (Employer Nomination Scheme) visa (Subclass 186), Subclass 187 (Regional Sponsored Migration Scheme) visa (Subclass 187) and Subclass 494 (Skilled
Employer Sponsored Regional (Provisional)) visa (Subclass 494).
Item was registered on 31/10/2019
https://www.legislation.gov.au/Details/F2019L01404


Migration (LIN 19/219: Occupations for Subclass 494 Visas) Instrument 2019
This instrument operates to specify the occupations that an applicant may nominate for a Subclass 494 (Skilled
Employer Sponsored Regional (Provisional)) visa (Subclass 494).
Item was registered on 31/10/2019
https://www.legislation.gov.au/Details/F2019L01403


Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019
This instrument operates to specify the assessing authorities for an occupation specified in either the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL).
Item was registered on 31/10/2019
https://www.legislation.gov.au/Details/F2019L01405