Changes to semi-skilled occupation eligibility
We have been providing regular posts about the employer-sponsored program reforms that will be introduced on 1 July. A key element of these reforms is that Skill Level 4 occupations or ‘semi-skilled’ occupations will no longer be eligible for the regional sponsored migration scheme under ‘exceptional circumstances’.
Employers who need specialised semi-skilled workers from overseas will instead need to negotiate a labour agreement.
Labour agreements provide a robust integrity framework for the entry of semi-skilled workers who are likely to be more vulnerable than highly-educated, highly-paid and highly-skilled workers.
Where this change affects a number of employers in the same industry with similar specialised semi-skilled needs, the department can look at developing template agreements for all businesses in that industry or sector; for example, specialised animal attendants or machinery operators in the agricultural sector.
More information about labour agreements is available on the department’s website.
HIV and adoption – myths debunked
Recent reporting about HIV-positive children and adoption do a disservice to those seeking the facts about overseas adoption challenges. One report suggested Australians seeking to adopt children from overseas who are HIV-positive would face long waiting periods as a result of the Department of Immigration and Citizenship’s (DIAC) health waiver process. It also suggested such a child would be rejected on the basis of their health status. Neither of these suggestions is true.
Let’s address the first myth: “It takes up to a year to apply for a health waiver”
Where a health waiver is available it does not need to be applied for, but is mandatorily considered by the visa processing officer. This consideration can only occur after an applicant has met all other criteria for the visa except health, so it is considered at the end of the visa process. To consider a health waiver, we ask for information about their or their family’s ability to mitigate any potential costs or care, and for supporting information about any compelling or compassionate circumstances. Generally the health waiver process itself is quite swift – usually only a matter of days or weeks from the time all of the required information is received.
And the second myth: “the automatic ban on HIV- positive migrants”
There is no ‘automatic ban’ for HIV-positive applicants. Unless you have a condition which can be considered a public health threat, such as active TB, which by law prevents a visa grant, all applicants are considered under the same rules regardless of the nature of their condition. As a permanent visa applicant, if a medical condition is assessed as likely to cost more than $21 000, you are likely to fail to meet the health requirement, no matter what your condition may be.
There are no regulations preventing HIV-positive children being granted a visa. For parents resident in Australia who are interested in adopting an HIV-positive child, this should be discussed with the adoption authority in their state/territory (which is a requirement for all adoptions).
In fact, in the last two years our records indicate:
•all HIV positive adoption visa applicants have had a health waiver exercised and subsequent visa grant, and
•almost all adoption visa applicants who failed to meet health had a health waiver exercised regardless of the condition.
NOM and the Migration Program
Did you ever wonder why the outcomes from net overseas migration (NOM) and the Migration Program do not look the same? Put simply NOM includes all long term temporary and permanent migration whereas the Migration Program only counts permanent migration.
Net Overseas Migration
Net Overseas Migration (NOM) is the net gain or loss of population through immigration to Australia and emigration from Australia. Overseas arrivals only count as NOM arrivals if they are inAustraliafor 12 months or more over a 16 month period. Conversely, overseas departures are subtracted from NOM if they are away for 12 months or more over a 16 month period. So the level of NOM is the balance of NOM arrivals minus NOM departures—easy!
This ‘12/16 month rule’ means almost all short term movements such as tourists do not count as either NOM arrivals or departures. It also means that people who are not permanent residents ofAustraliacan be counted as NOM arrivals so long as their residency stints add up to 12 months within a 16 month period.
Permanent Migration Program
The permanent migration program refers to the number of visas granted during a given year against specific visa streams. These streams are skilled, family and special eligibility. The permanent program provides visas to people who are not Australian residents and wish to live in Australia permanently. Of these visas granted 25% of family, 59% of skilled and 89% of special eligibility visas (for 2010-11) are granted to people currently inAustralia, that is onshore. Onshore grants of permanent visas are effectively NOM neutral as the applicant will already have been counted in to NOM after their initial temporary stay. So NOM arrivals are a combination of temporary and permanent migrants.
Why is NOM so important?
NOM is effectively how we measure migration’s contribution toAustralia’s population growth. For instance the March 2011 NOM was 167, 100 which accounted for 54% of our population growth of 1.4% for that 12 month period—the other 46% coming from natural increase (births minus deaths). NOM is a truer reflection on what is occuring in our communities and labour markets than permanent migration, particularly given our large temporary student and worker populations. NOM also captures long term New Zealander movements in and out ofAustralia, which are not covered under our permanent migration program. While the Migration Program hands out the prize of Australian permanent residency to individuals and has been and remains an important focus of our work NOM is a better measure of what is actually happening out there.
NOM and Permanent Migration Program: Back in Balance
For the first time in six years, DIAC forecast the level of NOM for the year ending June 2011 to be 171 200, well below the number of permanent residence visas granted during that year. This drop in NOM restores the long-run relationship where the number of permanent residence visas and NOM move roughly in tandem and corrects the previous spike in NOM for the year ending
December 2008 where NOM reached 315 700 and when temporary residents seemed to be staying longer term. Further reforms and strengthened integrity measures for our student and immigration programs have now restored the long term balance.
Skilled Migration Information Booklets
In Peter’s first post, he talked about sharing information about skilled migration.
To help understand the requirements for the different migration programs, the department has created a set of information booklets. For skilled migration, there are booklets on General Skilled Migration, Employer Sponsored Migration and Temporary Skilled Migration.
These resources are regularly updated. When major changes occur, such as the introduction of the new points test from 1 July 2011, a revised booklet will be available. Be sure to always use the most relevant version by going straight to the DIAC website. While these resources are targeted at helping clients understand the various different migration programs, we believe they are useful for anyone interested in skilled migration.
Welcome!
Hello - This is the first post on the Skilled Migration Blog. My name is Peter Speldewinde and I am the Assistant Secretary of the Labour Market Branch within the Department of Immigration and Citizenship.
The Skilled Migration Blog has been introduced to share with a wider audience the benefits and challenges of skilled migration in Australia. We hope to use the blog to spread understanding of skilled migration and create a more informed environment for policy development and program implementation. We’ll be aiming to start with one post a week with the possibility of ramping it up in the future.
Skilled migration can be a controversial subject. We acknowledge this, however this blog is not about courting controversy. It is about sharing information and data, flagging potential change and communicating with a diverse audience.
The story of skilled migration to Australia is a story of people making a journey, contributing to society and the economy. This blog is intended to contribute to the development of that story. It’s a bit of a pilot project at this stage and in the future, we will be seeking out some feedback.
There are a few things which won’t be discussed on this blog. Individual cases or visas is one. Another is confidential information and data. The Department of Immigration and Citizenship values its client and stakeholder confidentiality and privacy. I will ensure that these issues do not become a distraction for the blog.
I hope you keep reading and spread the word!
Blog update: public comments now enabled
The Skilled Migration Blog has been publishing articles for just under four months, and today we’re announcing that we will be trialling public comments on the blog.
Enabling comments will allow for a greater level of engagement and participation with you, our readers.
Comments will be pre-moderated before publishing and you will be asked to make a declaration that you will abide to the terms and conditions laid out in the Skilled Migration Blog comments policy. Please take the time to read the comments policy.
We will review the policy regarding comments over time to measure its success.
We look forward to discussing skilled migration policy with you.