Changes to requirements for Skilled (Residence) (Class VB),Skilled(Provisional) (Class VC), Skilled (Residence) (Class VE) andSkilled(Provisional) (Class VF) visas relating to evidence of skills Commencement: 1 January 2010 Client summaryFrom 1 January 2010, theMigration Regulations 1994('theRegulations') are amended to provide a new requirement forallapplicants seeking to satisfy the criteria for the grant of aSkilled –Independent (Subclass 885), Skilled – Sponsored (Subclass 886)andSkilled - Regional Sponsored (Subclass 487) visa. The newrequirementmeans that a person must have had their skills assessed bythe relevantassessing authority as suitable for the applicant’snominated skilledoccupation to lodge a valid application.
Visaapplicants who nominate a skilled occupation which has beenspecified bythe Minister in an instrument in writing, must have hadtheir skillsassessed by the relevant assessing authority, on or after1 January2010, as suitable for the applicant’s nominated skilledoccupation.
The amendments further provide that all persons seeking to satisfythecriteria for the grant of a Skilled – Independent (Subclass175),Skilled – Sponsored (Subclass 176) or Skilled - RegionalSponsored(Subclass 475) visa, who nominate a skilled occupationspecified by theMinister in an instrument in writing, regardless of theperson’slocation at the time of application, must have worked in theskilledoccupation for at least 12 months in the period of 24 monthsendingimmediately before the day on which the application was made.
Affected legislation The following provisions of the Regulations are amended:
Schedule 1, paragraph 1136(3)(b) is amended
Schedule 1, paragraph 1229(3)(a) is amended
Schedule 2, clause 175.211 is amended
Schedule 2, clause 176.211 is amended
Schedule 2, clause 475.211 is amended
Additional information Therequirement for onshoreSkilled – Independent (Subclass 885), Skilled –Sponsored (Subclass 886)and Skilled - Regional Sponsored (Subclass487) visa applicants to havea skills assessment at time of applicationensures a supply of 'jobready' applicants to supplement Australia'slabour market needs, andspecifically, a consistent standard of skillsand competencies acrossmigrants in trade occupations. Transitional provisions Transitionalprovisions are being implemented on 9November 2009 to enable Studentvisa holders who were affected by aneducation provider closure in 2009to lodge an application for a VACrefund. This provision is availableto students in circumstances wherethey need to apply for a furtherStudent visa to continue their studiesas a result of the providerclosure. Forms Form 1276 will be amended to reflect these changes. Instructions PAM3 will be amended to reflect these changes by 1 January 2010.