Questions still unanswered in Government’s review of general skilled migration program
Many questions have been left unanswered in the Federal Government’s recent review of the General Skilled Migration (GSM) program.
While the Minister for Immigration and Citizenship, Senator Chris Evans, has just released a discussion paper on the review of the points test used to assess GSM applicants, those already in the process or about to apply are left unsure about their position.
Questions remain such as:
• Will existing applicants have the new rules applied retrospectively, if their application has not been decided when those rules come into force?
• If existing applications continue to be assessed under the 'old rules' will those applicants be disadvantaged through longer processing times, if priority is given to applications under the new rules?
• How will new applicants applying before the introduction of the new Skilled Occupations List mid-year be affected if their occupation is no longer on the new list, or is downgraded?
It seems uncertainty will remain until the laws giving effect to these announcements are made available, which is not expected for some time.
Government announced its review of the GSM on 8 February which comes after criticism that the current program is supply-driven, and does not respond to balancing the demands of Australia’s short or long term skill shortages.
Government intends to refocus the GSM’s rules for entry on a flexible, demand-driven program which will select applicants with high-value skills who offer the most “human capital” and can make the optimal contribution to Australia’s economic future. At the same time, it will not exclude very good overseas applicants or former international students.
It intends to address longer-term skill needs by rebalancing the list of skilled occupations under which skilled migrants can apply for GSM visas, and will seek alternative ways of selecting the best candidates.
The review of the points test is one of the reforms to the GSM program. Currently, in order to be eligible for a work visa, skilled migration applicants who are not sponsored by an employer need to accumulate up to 120 points, based upon factors such as their qualifications, occupational skills and English language proficiency.
The review will consider issues such as possibly weighting some occupations with higher points than others, reviewing that sufficient points are awarded for work experience and excellence in English, and whether there should be points for qualifications obtained form high quality universities overseas.
The Department of Immigration and Citizenship will report to Government on the outcomes of the points test review in May, 2010. Hall and Wilcox Migration Services team advises that intending applicants should seek advice as to their options prior to lodging any GSM application.
By Mark Dunphy, Partner, Hall & Wilcox, and Leonie Green, Senior Associate, Hall & Wilcox.
