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Shifting Goalposts Skill Migration Program

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Question:

Discuss About The Shifting Goalposts Skill Migration Program?

 

Answer:

Introducation

It is on the Medium to Long Term Strategic Skills List or MLTSSL[1]. Under the MLTSSL the occupations are regarded for the ‘in demand for the longer term’. The person or the applicant who will have the occupation under this skill list has the rights to apply for skilled visa with r without the help of the sponsorship occupations. It is also recognized as the Skilled Occupations List (SOL)[2].

Under the IMMI 17/072 the MLTSSL occupation holders who have application form of 19th April 2017 the applicants who are able to apply are

  • Independent applicants who can apply for the 189 subclasses visa under the Schedule 6D.
  • The applicants who are sponsored by Australian relative and applying in First Provisional Stream apply for 489 subclass visa under the Schedule 6D.
  • The applicants who are Temporary Graduates (Graduate Work Stream) can apply for the 485 sub class visa.
  • The applicants who are nominated by State/Territory government can apply for 190 subclass visa under the Schedule 6D.
  • The applicants who are Nominated by a State or Territory government, and applying in First Provisional Stream can apply for the 489 subclass visa under the Schedule 6D.

Angela can apply for the skilled visa of subclass 190, subclass 189 and 489[3].

For the application under the Skilled Independent Visa of Subclass 189[4] she needs to fulfill some requirements which are:

  • The application should have skilled and habituated with English
  • The applicant’s age should be under 50 years.
  • The applicant must require having experience with at least one of the occupations based on the “Skilled Occupation List”.
  • The application should be related with the suitable skills assessment for the specific occupations.

The applicant must submit their “expression of interest” through online portal using their skills where they receive an invitation to apply for the visa. For applying the visa applicant can have 60 days. Therefore the applicant should provide valid details in the EOI.

For the application under the Skilled Independent Visa of Subclass 190[5] she needs to fulfill some requirements which are:

  • The application should have skilled and habituated with English.
  • The applicant’s age should be under 45 years.
  • The application should be related with the suitable skills assessment for the specific occupations.
  • The applicant should pass with 60 point.
  • The applicant must be nominated by a state or territory government agency.
  • The good character and health certificate also needed.
 


The applicant must submit their “expression of interest” through online portal using their skills where they receive an invitation to apply for the visa. For applying the visa EOIs are kept for two years. Therefore the applicant should provide valid details in the EOI[6].

For the application under the Skilled Independent Visa of Subclass 489[7] she needs to fulfill some requirements which are:

  • The applicant should hold a subclass 475, 487, 495 or 496 visa and must be nominated by a state or territory government agency or be sponsored by an eligible relative.
  • The application should have skilled and habituated with English.
  • The applicant’s age should be under 45 years
  • The applicant should pass with 60 point in the test.
  • The good character and health certificate also needed.
  • The Medium and Long-term Strategic Skills List (MLTSSL) occupation holders can apply for the visa.

Under the Medium to Long Term Strategic Skills List or MLTSSL[8] Angela should given points test under the Schedule 6D which has been lodged after 1 July 2012 under SkillSelect. Under the SkillSelect the applicant who are applying for the skilled visa of 189, 190 and 489 need to submit first an Expression of Interest (EOI) online where they can receive an invitation to apply for the visa process. After receiving the invitation the applicant is required to give points test in the EOI but there is no need to actually submit any statement or supporting documents. The EOI will have 2 years of validity where For GSM the score should be not less than that actually scored in the application. If it is breached then the Fraud (4020) condition will be recorded against the applicant. Before 1 July 2017, an applicant may be aged up to 49 at time of invitation to apply. This has been reduced to 44 as from 1 July 2017. As being a 25 years old woman, Angela needs to score 30 points in the test.

Angela has completed a Bachelor of Science/ Doctor of Veterinary Science degrees at the University of Melbourne. She has her aunt in Australia who is prepared to sponsor her. Therefore she can apply for the Skilled Independent Visa of Subclass 489[9].

Under the IMMI 16/059 (SOL) the applicant can be Independent applicants or Sponsored by Australian relative, and applying in First Provisional Stream or Temporary Graduates[10]. Therefore as she has her aunt in Australia she can apply for the Skilled Independent Visa of Subclass 489 under Schedule 6D. The procedures of the visa are:

  • The applicant should hold a subclass 475, 487, 495 or 496 visa and must be nominated by a state or territory government agency or be sponsored by an eligible relative.
  • The application should have skilled and habituated with English.
  • The applicant’s age should be under 45 years
  • The applicant should pass with 60 point in the test.
  • The good character and health certificate also needed.
  • The Medium and Long-term Strategic Skills List (MLTSSL) occupation holders can apply for the visa.
  • The applicant able to stay in Australia for up to 4 years.

Through the submission under the expression of interest (EOI) the applicant should submit the details of nominated occupation, skills and qualifications along with the details of sponsored by a family member or wish to be nominated by an Australian state or territory.

 

Reference

"Skilled Independent Visa (Subclass 189) (Points-Tested) Stream." Border.Gov.Au, 2017, https://www.border.gov.au/Trav/Visa-1/189-.

"Skilled Nominated Visa (Subclass 190)." Border.Gov.Au, 2017, https://www.border.gov.au/Trav/Visa-1/190-.

"Skilled Regional (Provisional) Visa (Subclass 489)." Border.Gov.Au, 2017, https://www.border.gov.au/Trav/Visa-1/489-.

Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the United States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.

Ferguson, Stephen, Carol Giuseppi, and Tourism Accommodation Australia. "Submission to the Department of Immigration & Border Protection." (2017).

Papadopoulos, Peter, and Kathryn Viegas. "Migration: Shifting goalposts in Australia's skilled migration program." LSJ: Law Society of NSW Journal 36 (2017): 75.

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