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Wednesday the 10th October 2012
Volume 226

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Dear students, 

 

Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. You can subscribe using the link on the right hand side or by visiting our website. Please feel free to forward this e-mail to any of your friends.

 

Today we explore how useful the various State Migration Plans are useful to international students studying in Australia. Which are is the best for you to study in?

Which State Migration Plans (SMP's) are the best? 
SMP's can be a road to adventure
 

SMP's allow individual states and territories to sponsor General Skilled Migration applicants under a broad range of occupations to fill skills shortages within their local labour markets.

 

The SMP specify which occupations state and territory governments can nominate applicants under and specify the number of visas that will be granted as part of this program. They can nominate your skilled independent migration application under the Permanent residence Subclasses 190 (Skilled Nominated) (886) and Temporary Residence 489 (Skilled Regional) (487) visas.

 

From midnight on the 31st December 2012 former international students will no longer be able to lodge applications for the 487 and 886 sponsored visas. This also applies to the Independent 885 visa as well.

 

This information is current for today but each region can modify the requirements anytime on their website.

 

Occupation Lists - On List and Off List

 

These terms a little confusing aren't they. Doesn't the term "off list" conjure up notions that there is really no list at all. Does "off" mean they have met their used by date and perhaps a little "on the nose"? It is hardly an accurate or elegant term but it is the one DIAC originally used and the states have followed suit (mostly) so we are stuck with it.

 

In simple English, you know that medium lawyers deliberately avoid, I guess you could term the "on list" as the one containing the occupations the states most want, the "Most Wanted List". The "off list" is really then, the "Next Most Wanted List", meaning they will take you just to fill up the states yearly quota permitted by DIAC.

 

Just to make life interesting each State or Territory are given license by DIAC to implement their own selection process. In the past some of these criteria have been a little wacky.

 

Without naming names, there was a time when one region wanted nurses, no matter their English level, but their Hairdressers needed to have 8.0 on each on IELTS. In reality the IELTS became the ultimate tool of limiting those who could apply rather than common sense. When I questioned the region for the motivation for using IELTS as such a tool, they replied, "because they could". Not exactly an example of government accountability working at its best.

 

Fortunately most regions have now adopted a more professional approach.

 

Western Australia

  

Western Australia offers some concession to international students who have studied there but it is not overly generous. Firstly you must hold a relevant visa. This is not defined by WA but I would imagine it would reflect a substantive visa (eg, student, 485 etc) or bridging visa that has permission to work.

 

The state has two lists, the Western Australian State Migration Occupation List (WASMOL click here) and the Off List Schedule 2(click here)

 

 
Occupations on the WASMOL Schedule 1 are available for State sponsorship.

Occupations on the WASMOL Schedule 2 (off list) are available for State sponsorship and off list criteria apply.

Occupations which are not on the WASMOL Schedule 1 or Schedule 2 (off list) are not available for sponsorship with Western Australia

 

For students who have studied in WA;

 

currently working in Western Australia in nominated or closely related occupation with evidence that employment will continue for a further 12 months; or

 

have an offer of employment for 12 months in Western Australia in nominated or closely related occupation.

 

If you haven't studied there;

 

have an offer of employment for 12 months in Western Australia in

nominated or closely related occupation.

 

In reality the Western Australian government offers little incentive for students to study there for is virtually no difference in the requirements whether you have studied there or not.

 

Just to make life interesting WA provide a reference for "closely related occupation" according to the Australian Skills Recognition (ASRI) definition.

 

These guidelines can be found on the WA website by clicking here. There are also transitional arrangements in place for those former students wishing state sponsorship for the 886 and 487 visa. These arrangements will be in place until the 17th December 2012. You can view the requirements here

 

WA also has a very useful page if you are planning to study or move there with a whole range of web page links. This can be found here.

 

South Australia 

 

It must have been some lawyer with aspirations who to join the DIAC wrote the guidelines for the South Australian government skilled migration section.

 

Here is an example;

 

"They should also meet all requirements listed under 5.1, 5.2, 5.3 and 5.4" If they meet 5.4 then they should meet the requirements under 6.2. If they meet the requirements of 6.2 they should also meet the requirements of 2.3, except on Sundays and Public Holidays where it is possible, if we are working, then we grant nomination approval to whoever applies."

 

Well the last part was poetic license but you get the drift. If you have ever read "Hitchhikers Guide to the Galaxy" or the 1958 Migration Act then you will know exactly what I mean.

 

SA has one published list, the SNOL (click here). On this list you will see they have two sections, the "On" and "Off" Lists.

 

Off List

 

The "Off" list is strictly limited to those international students who have studied in South Australia but hey are classified into three sub groups just to make life interesting.

 

These three sub groups have distinct variations of the repeated theme;

 

1. Recent South Australian international graduates currently residing in South Australia. The requirements for this group are;

 

Onshore recent South Australian international graduates currently residing in South Australia must meet all state nomination requirements. They should also meet all requirements listed under 5.1, 5.2, 5.3 and 5.4

5.3 Applicants should meet one of the following:

5.3.1 Have completed a Bachelor Degree or qualification higher than a Bachelor Degree in South Australia.
OR

5.3.2 Undertaking a Ph.D. in South Australia.
A higher education Advanced Diploma may be considered in exceptional circumstances.

5.4 Applicants should also meet one of the following:

5.4.1 Currently working in a skilled occupation (minimum 30 hours per week) in South Australia. The skilled occupation must be ANZSCO level 1 to 4 and listed on the State Nominated Occupation List (SNOL) - 2012/13 program year or Immigration SA's current Offlist.

OR

5.4.2 Have met the general work experience requirement

 

2. Recent South Australian international graduates currently residing interstate; or

 

3. Former South Australian international graduates who are now offshore

 

In relation to the term "studied" it means to have met the DIAC two year study requirement with at least 12 months spent in SA. This means you could complete a one year program in Sydney then hop over to SA and complete another one year program there.

 

On List

 

If you are lucky to be able to nominate an occupation to join the "on" class

You need to nominate an occupation on the State Nominated Occupation List; and

 

have a positive skills assessment for the occupation; and

meet the general work experience requirement

 

There are enough rules and regulations in the SA's Eligibility page to make War and Peace feel like an afternoon short story. To keep your self occupied for a few hours to read it all here.

 

Australian Capital Territory

 

The ACT only sponsors for the PR Subclass 190 visa because it is not a regional area recognised for the 489 visa.

 

Eligibility

 

You need to:

be permanently residing in Canberra; and

have been employed full time with an ACT employer, in the nominated occupation, for at least 3 months

 

OR

 

be employed in Canberra in a skilled occupation if you graduated from a Canberra institution; and

nominate an occupation that is either on the SMP Occupation List or has been verified as an 'off list' occupation (click here)

 

For  the full description of the guidelines click here

 

Off list Nomination

 

Canberra residents who do not have an occupation on the SMP Occupation List may still apply for nomination if you meet the nomination criteria, 

 

Have a current skill assessment in a nominated occupation on the DIAC skilled Occupation List;and

 

are currently employed in their nominated occupation in Canberra

 

If you are overseas and don't have an occupation on the SMP Occupation List, if you have either a close family member who is resident in Canberra or a genuine offer of employment in Canberra from an ACT employer, you can still apply for off list.

 

English language ability

 

Current IELTS result with a minimum score 7 in speaking and 7 overall

Some of the nominated occupations require a higher level of English.

If the occupation is verified as 'limited' or 'off list', an IELTS result with a minimum score of 8 in speaking and 8 overall is required.

 

Commitment to Canberra

 

You need to demonstrate your commitment to living in Canberra for a minimum 2 year period from visa grant.

 

Financial capacity

 

You are not required to provide documentary evidence to support your financial position. However, you must provide them if requested.

 

Northern Territory

 

The Northern Territory Government will consider your application if:

your skilled occupation is listed on the NT's State Migration Plan Skilled Occupation List (click here); or

 

you have a skilled occupation that is on the DIAC Consolidated Skilled Occupation List (CSOL) but not on the NT's SMP where you are able to provide independent evidence of positive employment prospects in the NT either in your skilled occupation or a closely related skilled occupation; or

 

you have successfully completed no less than two (2) years of full time eligible study at any Charles Darwin University campus in the NT. Students who complete their courses can nominate an occupation from the NT SMP list or the CSOL; or

 

you have a skilled occupation on the CSOL and you can demonstrate strong, well established family connections in the NT; or

 

you meet the NT residency and work requirements if you are living in Australia. For more information see important information for applicants already residing in Australia

 

International student graduates and holders of Graduate Skilled visas who have not completed at least two years of study at a campus of the Charles Darwin University in the Northern Territory (NT) must meet the following;

 

1) lived in the NT for not less than six (6) months; and

 

2) worked fulltime in the nominated skilled occupation or a closely related skilled occupation for a period of six (6) months immediately prior to applying for NT sponsorship and been paid at the market rate for that occupation in the NT; and

 

3) demonstrated a genuine intention to live and work in the NT for no less than two (2) years after their visa is granted.

 

Tasmania

 

Graduates of a Tasmanian education institution

 

190 Visa 

 

Those who studied at a Tasmanian educational institution for a tertiary qualification for two years or longer and successfully completed their qualification who have been employed in Tasmania in their nominated occupation for at least 6 months post qualification with an on-going role, or who have owned and been operating a business for at least 6 months and have demonstrated financial resources to cover employment costs.

 

Those whose nominated occupations are not included in the Tasmanian State Migration Plan - Occupation List ( Tasmania SMP List) but are included on DIAC's Consolidated Sponsored Occupation List (CSOL click here) will be sponsored as off list nominations.

 

489 Visa

 

Those who studied at a Tasmanian educational institution for a tertiary qualification for two years or longer and successfully completed their qualification

 

Those whose nominated occupations are not included on the Tasmanian SMP Occupation List but are included on DIAC's CSOL will be sponsored as off list nominations

 

And for those who have studied in Australia but not in Tasmania you can access the 489 visa sponsorship if on the Tasmanian SMP list if; 

1) resided in Australia for more than 6 months and are currently in Australia at the time of application:

2) must have relocated to Tasmania and been employed in their nominated occupation for at least 6 months post qualification with an on-going appointment, or

3) have owned and been operating a business in Tasmania for at least 6 months and have demonstrated financial resources to cover employment costs.

 

For the full Nomination Guidelines for the 190 visa (click here) and 489 visa (click here). Former international students who wish to use the 886 guidelines or the 487 guidelines these transitional arrangements will exist until the cut off date of these visas on the 31st December 2012. 

 

Queensland

 

This state offers absolutely no benefit for those international students who have studied there and all applicants must meet all of their stated conditions below;

 

1) have an occupation on the relevant Queensland eligible skills list for that visa category

2) meet the requirements for the nominated occupation as listed on the relevant eligible skills list for that visa category

have a positive skills assessment for that occupation from the relevant organisation

3) provide evidence that you have sufficient funds available to settle in Queensland

4) be assessed by Skilled and Business Migration as being likely to provide a clear benefit to the Queensland economy.

 

You can view the Eligible Skill Lists here;

 

190 Eligibility List

 

489 Eligibility List

 

Victoria

 

The Victorian government has developed a complex set of guidelines to be eligible for sponsorship criteria. Not a great deal of joy here for those studying in Victoria or have studies elsewhere in Australia, unless it was for a Ph.D. in that state.

 

They have two occupation lists. One for graduates who wish to use the 886 visa and the other for everyone else who wishes to use the 190 and 489 visas.

 

We have provided all the links for those of you who are curious anyway.

 

190 visa 

 

886 visa

 

489 visa

 

 


Some light reading?                                       


Have a few spare minutes and nothing to do? Try reading one of our riveting historical newsletters to give you a buzz.

Won't exactly blow your mind but might rattle loose a filling.

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http://www.australiavisa.com/english/new_newsletter.htm

 

 

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Kind regards,

 

Karl Konrad

Managing Director and

Jee Eun HAN, Executive Manager     

Australian Immigration Law Services
Publisher of IMMIGRATION NEWS

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EDITORIAL

 

Both the Northern Territory and Tasmania should be commended for their recognition of the international students who study there. Unfortunately there can only be one winner and that has to go to Tasmania.

 

We have chosen Tasmania as the best location for international students to study for they have not restricted their concessions for students to just one Australian education facility. Unfortunately the Northern Territory only gives the concession to those who study at the Charles Darwin University and although we view this offer better than most, it is still restrictive.

 

We feel that in the Northern Territory there must be other possible Australian education institutions that would be worthy to be included. To only list one university also does little for the development of other institutions that may be interested to set up in Darwin or some regional area.

As I mentioned though the NT is still miles ahead of the other parts of the mainland.

 

We find it more than a little strange why the other regions do not offer the same deal. It is common knowledge that international students bring a great deal of money to this country. Many invest in property and others invest or start businesses, even during their study. The other regions could at least offer the 489 visa sponsorship using the CSOL for there are conditions on this visa to remain and work in a regional area.

 

To convert the 489 to the 887 onshore PR visa, they have to prove two years of residence which includes one year of work to apply. Overall, taking their initial study period and time spent for the 489 visa to be granted, this is a long term investment in these areas. During this time they contribute to the economic growth and inject knowledge and enthusiasm to regions.

 

 

 

Karl Konrad

Managing Director 

Karl Konrad

 

 

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Executive Manager

Jee Eun HAN

Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: 
sydney@australiavisa.com | website: www.australiavisa.com 

 

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