Busting the myths about SkillSelect
SkillSelect will be a major change to how Australia manages its skilled migration program. There is much talk about the changes, and as with anything new, not everything you hear is always correct. This blog busts some of the myths we’ve heard about SkillSelect.
Myth 1 - SkillSelect only affects points tested visas—formally known as General Skilled Migration (GSM) visas.
A common myth is that SkillSelect will only affect the independent skilled migration program- this is not true.
If you are interested in applying for a skilled visa after 1 July 2012, you may have to use SkillSelect depending on your visa preference/s. Therefore, it is important you understand how SkillSelect will affect you and your visa options.
It will be compulsory to submit a complete expression of interest (EOI) and receive an invitation before you can lodge a visa application for the following visa programs:
• Subclass 189 Skilled – Independent (Permanent) (Class SI)
• Subclass 190 Skilled – Sponsored (Permanent) (Class SK)
• Subclass 489 – Regional Sponsored (Provisional) (Class SP)
• Business Skills visa program.
It is optional (although highly recommended) to submit an EOI to be found and contacted by an employer for the following visas programs:
• Subclass 186 – Employer Nomination Scheme (ENS) (Class EN)
• Subclass 187 – Regional Sponsored Migration Scheme (RSMS) (Class RN)
• Subclass 457 – Temporary Business (Long Stay) (Class UC)
More information on visa options can be found on the SkillSelect website.
Myth 2 – I can’t submit an EOI for more than one visa.
You will be able to submit an EOI for one, a few or all skilled visas in the one EOI. You do not need to submit multiple EOIs.
SkillSelect is a free online service, and by expressing interest in more than one skilled visa, you could increase your chances of being found by a state or territory government or employer who needs your skills.
Myth 3 – It will still be expensive and time consuming for employers to find skilled workers.
SkillSelect will make finding overseas skilled workers easy for employers and help ease skill shortages through managed migration.
A key function of SkillSelect is to assist in easing skills shortages through providing Australian employers with access to a pool of intending skilled migrants who are seeking employer sponsorship on either a temporary or permanent basis.
SkillSelect is ideal for employers wanting to quickly identify options for resolving specific skill shortages. It will really help employers operating small to medium businesses who have found it difficult, expensive and time consuming to find workers in the past. SkillSelect is targeted, convenient, a free service, and is without any obligation to sponsor. Employers will be able to easily search across a number of key selection criteria such as experience, qualifications, language skills and willingness to work and live outside major metropolitan centres.
Once suitable skilled workers are identified, employers are able to send a message in SkillSelect to the skilled worker notifying them of their interest in discussing employment and sponsorship opportunities. When sponsorship arrangements have been established, the skilled worker’s EOI details are seamlessly transferred from SkillSelect to final assessment and processing systems, saving time for everyone.
Myth 4 – I can intentionally embellish my claims on my EOI to increase my points score and likelihood of getting an invitation.
There are some serious potential risks in providing false and misleading information in your EOI.
If you are invited to apply for a visa, the information in your EOI will be used as part of your visa application. You will then need to confirm your claims and submit evidence with your application.
If you provide false or misleading information on your EOI and receive an invitation based on this information, your application may be refused. If your visa application is refused you will lose your visa application charge and may also be subject to a bar which prevents the grant of a further visa.
Myth 5 -The introduction of SkillSelect will mean less skilled visas will be granted.
This is not true.
Each year the government announces the number of places in the migration program as part of the Budget. This announcement on the program size is what determines the number of skilled visas available each year.
In the 2012–13 Budget an additional 3400 places will be allocated to the skilled migration program—this is a total of 129 250 places.
SkillSelect will not increase or reduce the overall number of visas granted. It will only determine who is able to lodge a visa application for the independent, family sponsored, state/territory nominated and business skills visas. The target number of skilled visas granted will be the same as the number set by government in the Budget.
Have you heard any other myths about SkillSelect? Leave us a comment and we will be happy to answer any questions you may have about the new process.
For more information visit the SkillSelect website.
Information on changes to points based skilled migration: http://www.immi.gov.au/skilled/general-skilled-migration/new-skilled.htm
Information on the permanent employer sponsored visa reforms : http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
New visa subclasses announced on the SkillSelect website.
We have just published information about the new visa subclasses that will be introduced under SkillSelect on 1 July 2012. You should visit the SkillSelect website to find out the latest information.
We hope this information will be useful if you are thinking about migrating to Australia and researching your visa options. Further updates on the legislative framework for the visa subclasses will become available in June 2012.
Details on the outcome of the review of the business skills program will be published when they are available. We will provide you with this information as soon we can. Keep checking this blog and the SkillSelect website for updates.
You will notice that the SkillSelect website looks quite different to the departmental website. The new format aims to make web content easy to access and read for all our clients. We would really appreciate your feedback on the new format, so please let us know what you think in the comments.
To help us ensure that we are providing you with the information you want, we would appreciate if you can answer a simple question below in our poll.
Why did you visit the Migration Blog today?
- 1. I’m an intending migrant, researching my options. (50%, 70 Votes)
- 2. I’m a visa holder who wants to keep up to date with current migration policy. (22%, 30 Votes)
- 3. I’m an employer looking for skilled workers. (2%, 3 Votes)
- 4. I’m an advisor to people seeking to migrate to Australia. (7%, 10 Votes)
- 5. I’m an Australian Government officer. (8%, 11 Votes)
- 6. I’m a member of the public interested in migration policy. (6%, 9 Votes)
- 7. I don’t fit into any of the above categories. (5%, 6 Votes)
Total Voters: 139
Loading ...Protecting overseas workers from exploitation – update on sponsor monitoring activities
Australian workplace laws apply universally to all. In addition to these workplace protections, temporary overseas workers have an additional protective framework embodied in the Migration Legislation Amendment (Worker Protection) Act 2008 (the Worker Protection Act) sponsorship obligations.
The vast majority of sponsors are compliant; however, there is a comparatively small number of sponsors who inadvertently fail their sponsorship obligations, and even fewer who are recklessly unscrupulous.
In addition to sponsor monitoring officers, the Department of Immigration and Citizenship (DIAC) also has a highly trained, dedicated inspectorate of 38 officers who maintain a keen eye on sponsors of temporary overseas workers in order to protect them from exploitation. An inspector’s role is to gather information, investigate and assess matters relating to a sponsor’s compliance with their sponsorship obligations under the Worker Protection Act.
DIAC has commenced monitoring on 1398 sponsors; issued breach notices to 270; officially warned 188; and sanctioned 75, which means to 29 February this financial year, we have barred or cancelled sponsorship to a not insignificant number of employers doing the wrong thing.
In addition to administrative sanctions, we also have the power to serve infringements and take civil action; already in the last eight months we have issued 37 infringements to a value of more than $186 000, and filed two applications in the Federal Magistrates Court against sponsors for failing their obligations to their visa holders. Other cases are pending.
During the monitoring process, we also work collaboratively with other agencies. For example, if we uncover issues that fall within the responsibility of the Fair Work Ombudsman (FWO), we either collaborate with, or refer cases to their inspectors for full investigation to ensure compliance with workplace laws. DIAC and the FWO are also working together to help visa holders understand their legal rights when working in Australia. In December we jointly released a fact sheet about workplace rights, specifically for overseas temporary workers. It is available at http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-your-rights-work.pdf
Skills Australia Needs 25-27 February 2012 in London
This month the department is hosting a Skills Australia Needs event in London from February 25-27. It will be one of our largest. We expect around 1400 skilled workers as invited participants to attend.
Skilled workers in engineering and trades will be given the chance to hear from the department about skilled visa options for Australia and to discuss employment and sponsorship opportunities with 28 engineering and trades exhibitors on 25-26 February. The weekend will be followed by an information evening on February 27, featuring 17 exhibitors seeking medical and other healthcare professionals whose skills are also in high demand in Australia.
The department has successfully coordinated Skills Australia Needs events for a number of years in various countries to provide information to skilled workers about skilled visa options for Australia. The events recognise the important contribution of skilled migrants to Australia’s productivity and economic growth by helping to fill critical skill shortages in areas of occupational demand in Australia.
The events also help Australian employers to address specific skill needs they are unable to fill through the Australian labour market by matching them with pre-screened skilled workers in targeted occupations.
Interested skilled workers are invited to attend based on their qualifications and experience in these targeted occupations and their likelihood of meeting Australia’s skilled visa requirements.
More information about Skills Australia Needs events for both skilled workers and employers is available on the department’s website www.immi.gov.au/skillevents/
Quarterly visitor visa statistics now available
The second Visitor Visa Program Quarterly Report for the period ending 30 September 2011 is now available at www.immi.gov.au/media/statistics/visitor.htm
For the nine Visitor visa subclasses, the report provides information on applications, grants, arrivals and processing times. Highlights from the report include:
- An 11.5 per cent increase in business Visitor visa applications in the September 2011 quarter (123 888) compared to the same quarter in 2010 (111 138) with the largest increase in Business (Short Stay) (subclass 456) visa lodgements, which increased 16.8 per cent. This is the highest number of subclass 456 lodgements for this quarter in the last five years.
- A decrease in Visitor visa grants by 4.3 per cent in the September 2011 quarter (854 279) compared with the same period in 2010 (892 962). This is largely due to weaker tourist demand from Japan, United Kingdom, United States of America, Malaysia and South Korea.
- There were 26 389 visas granted under the Approved Destination Status (ADS) scheme during the September 2011 quarter. This is the highest number of visas granted under the ADS scheme for this quarter in the last four years.
The quarterly report for the period ending 31 December 2011 is expected to be published in late February 2012.
Discussion paper on the Review of the Student visa Assessment Level Framework
A Discussion Paper on the Review of the Student visa Assessment Level (AL) Framework was published on our website on 31 January 2012. The department uses Student visa ALs to manage immigration risk in the Student Visa Program, and a review of the AL Framework was a key recommendation of the Strategic Review of the Student Visa Program undertaken by the Hon Michael Knight AO.
We’d welcome your submission on the paper, which you can send by email to Student.Policy.Projects@immi.gov.au, or post to:
Department of Immigration and Citizenship
Student Policy Projects
Attn: Lisa Curtin
PO Box 25
Belconnen ACT 2616
The Discussion Paper is open for comment until 16 March 2012.
SkillSelect webpage goes live!
The SkillSelect website goes live!
We are happy to announce that on 28 January the SkillSelect website was launched at www.skillselect.gov.au
This site provides information on SkillSelect, details on the Expression of Interest (EOI) and invitation process, and what information you will have to provide when you submit an EOI.
You will notice that the SkillSelect web page looks different to other pages on our website. Please let us know what you think about the new website design or the content we have published. Your feedback will assist us in improving the delivery of information to our clients.
Although the website has been launched, you will not be able to submit an EOI until 1 July 2012.
We plan to publish more information on the SkillSelect website in early April, including information on the new visa subclasses. Our blog will also continue to keep you up to date with SkillSelect and its implementation.
We encourage you to read our previous blogs on SkillSelect here as they may answer many of the questions you have about SkillSelect.
SkillSelect – Rankings and Invitations explained
In our previous blogs, we discussed SkillSelect and changes to our Skilled Migration Programs. You can view our previous blogs here.
We will now look at what happens after you submit an EOI using SkillSelect.
The below diagram displays the SkillSelect process:
How will you be ranked on your EOI?
Your ranking will be calculated based on the information you provide in your EOI. EOIs are ranked using points achieved on the skilled migration points test. A prescribed pass mark will be set as the minimum points score required for each visa category.
Ranking will be conducted electronically by SkillSelect with no intervention by the department. Equally scoring EOIs will be separated by time of submission with earlier submission dates ranking more highly.
After submitting your EOI, you can view your point score; however you will not see your ranking because it will be continually changing. After each invitation round we will publish on our website the lowest score of a successful EOI for each occupation group. This will provide an indication of the score required to receive an invitation.
You can update your EOI at any time until you receive an invitation or your EOI expires. If you provide new information that changes your points score, SkillSelect will update your ranking automatically including your date of submission.
You should understand that if you provide false or misleading information on your EOI this will subject you to the Fraud Public Interest Criterion – PIC 4020. If it is established that you have provided false or misleading information including to third parties such as approved English language testing providers, assessing authorities, State/Territory governments etc, and your visa application may be refused. You may also be subject to a three year bar which may prevent the grant of a further visa that is subject to assessment under the Fraud PIC.
How do you receive an invitation?
Selected EOIs will be invited periodically to lodge an application. Depending on your visa preference/s, you could receive an invitation from the department for independent migration, family sponsored or from a State or Territory government for State/Territory sponsored or Business Skills migration. SkillSelect won’t issue invitations for any other migration programs.
Independent Migration and Family Sponsored Migration
It is proposed that SkillSelect will automatically issue invitations once per month, with the first round of invitations sent on 1 August 2012. Invitations will be issued to the highest ranking EOIs in descending order, subject to occupation ceilings. The date and time of submission may be used to separate those who score equally to ensure that the number of invitations issued at any one time matches both the number of visa places and the processing resources available. Those who don’t meet the pass mark or don’t score highly enough in a particular invitation round will not be issued an invitation. Departmental officers are not involved in the selection process.
Occupation ceilings are a limit on how many people are selected for points tested migration from an occupation group. This will ensure that these visa categories are not dominated by a narrow range of occupations. Once the limit is reached for a particular occupation group, no further invitations for that group will be issued in that program year with remaining program places allocated to other occupation groups even if they are lower scoring. In the event that the ceiling is reached remaining EOIs from people with skills in that occupation group won’t be affected.
Occupation Ceilings and Invitations
2. State or territory government and employer sponsored visas
State and Territory government representatives will search SkillSelect for prospective people to sponsor. State or Territory governments will be able to nominate prospective applicants at any time using SkillSelect (in accordance with their agreed State Migration Plans and subject to occupation ceilings not being reached). Those nominated will receive an invitation through SkillSelect to apply for a visa.
What happens next?
Invited applicants will have 60 days to lodge a visa application using the department’s electronic lodgement system. The visa application process will occur outside of SkillSelect.
If you receive two invitations in SkillSelect but do not lodge a valid visa application as a result of these invitations, your EOI will be removed from the SkillSelect database and will have to be formally resubmitted to be considered for future invitation rounds.
If you do not receive an invitation, it is proposed that your EOI will remain active in SkillSelect for 2 years. You will have the option to renew your EOI if it expires.
In future blogs we will provide further updates on SkillSelect as our long-awaited implementation date of 1 July 2012 approaches!
For more information on SkillSelect please go to www.skillselect.gov.au
Visitor Visa Program Quarterly Report
The inaugural Visitor Visa Program Quarterly Report is now available. The report provides information about the nine visa subclasses that are within the Visitor visa program. The aim is to increase the openness, accountability and accessibility to statistics in relation to the Visitor visa program, and will be of particular interest to the tourism industry.
The report provides information on applications, grants, arrivals and processing times.
The report highlights that Visitor visa grants increased by 2.8 per cent in 2010-11 compared to 2009–10. This can be partially attributed to a 31.8 per cent increase in Visitor visas granted to Chinese citizens.
The visa subclasses in the report are:
- Superyacht Crew (subclass 488)
- Business Visitor (short stay) (subclass 456)
- Sponsored Business Visitor (subclass 459)
- eVisitor (subclass 651)
- Tourist (subclass 676)
- Sponsored Family Visitor (subclass 679)
- ETA (Business Entrant—Long Validity) (subclass 956)
- ETA (Business Entrant—Short Validity) (subclass 977)
- ETA (Visitor)(subclass 976).
In response to your feedback, we plan to develop this report further.
Happy reading!
Introduction of powers to reduce fraud in Business Skills visas
On 5 November 2011 powers were introduced to reduce fraud in all Business Skills visas at both the temporary and permanent stages. This power is called the fraud Public Interest Criterion 4020 (PIC 4020).
Unfortunately, some people provide false or misleading information in visa applications. For example, some people may provide forged or false documents or give incorrect information to attempt to secure the grant of their visa application. The department takes any misrepresentation to secure a visa to Australia seriously and strives to uphold the integrity of all visa applications.
The introduction of PIC 4020 provides a strong basis for action against attempts to provide false information or documents. PIC 4020 allows a decision-maker to refuse the grant of a visa to a person and impose a three year bar on obtaining a new visa for having provided false, misleading and/or bogus documentation and/or information to the department.
The Fraud PIC now applies to Business Skills applicants who provide false, bogus or misleading documents during the course of their visa application, or in an application within the last 12 months that resulted in the grant of a visa. This also applies to those Business Skills visa applications which have been submitted previously but have not yet been finally decided.
The department will give applicants who have allegedly provided fraudulent information an opportunity to comment on the documents the department suspects to be fraudulent. The applicant will also have the opportunity to demonstrate compassionate and compelling circumstances why their visa should be granted.
For more information visit http://www.immi.gov.au/skilled/_pdf/fraud-pic.pdf
