Australian Immigration Daily News

The Migration Amendment (Skills Assessing Authorities) Regulations 2024 introduces pivotal changes to the Migration Regulations 1994, enhancing the oversight and integrity of skills assessment processes for migrants. These changes align with the Australian Government's broader migration strategy to ensure high standards and timely delivery of skills assessments by designated authorities.

Key highlights include:

• The introduction of express powers for the Skills Assessment Minister to approve, impose conditions on, or revoke the approval of assessing authorities for skilled occupations. This ensures only suitable bodies handle skills assessments.
• Mechanisms for internal reconsideration and merits review, promoting transparency and fairness in decisions related to assessing authorities.
• Clarity on how these regulations apply to existing and future assessments, maintaining a robust framework for skilled migration.

These amendments are significant for skilled migrants and assessing authorities alike, solidifying Australia's commitment to maintaining a high-quality migration system.

The Department of Home Affairs has provided clarity on Caveat 14, addressing concerns regarding its interpretation in relation to the Core Skills Occupation List (CSOL). This caveat applies to positions "not provided for under an International Trade Obligation (ITO)" and was initially intended to highlight occupations included on the CSOL due to commitments under ITOs.

However, the Department has acknowledged that the caveat’s wording, particularly when read alongside the Explanatory Statement, may lead to the strict interpretation that applications for Chefs are limited to specific nationalities under existing ITOs.

To address this:
1. The Department will amend the instrument to ensure clarity as a matter of priority.
2. In the interim, applications for Chefs will not be restricted by nationality, and such applications can continue to be lodged and granted without concern.

Caveat 14 Applicability to Other Occupations

The caveat will remain in place for certain occupations, reflecting specific labour market considerations and feedback:
- Other Sports Coach or Instructor (Wushu Martial Arts Coach or Yoga Instructor Only): As a Skill Level 4 occupation, this role would not typically be included on the CSOL.
- Private Tutors and Teachers nec and Traditional Chinese Medicine Practitioner: These occupations were not supported for inclusion based on stakeholder feedback and labour market analysis provided by Jobs and Skills Australia (JSA).

This clarification ensures the intent of Caveat 14 is appropriately understood and implemented, balancing Australia’s commitments under ITOs with the country’s labour market needs.

The Australian Government has implemented the Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 (LIN 24/089), effective 7 December 2024. This instrument introduces the Core Skills Occupation List (CSOL) as part of the migration reform framework for the new Subclass 482 (Skills in Demand) Visa, enhancing accessibility and aligning skilled migration pathways with labour market needs.

Key Features

1. Introduction of the Core Skills Occupation List (CSOL)

• The CSOL consolidates and replaces the three separate occupation lists previously used under the Temporary Skill Shortage (TSS) visa.
• It specifies 456 eligible occupations for the Core Skills stream, offering expanded access and pathways to permanent residency.
• This represents an increase of 189 occupations, addressing skill shortages in various critical sectors.

2. Defined Income Thresholds

The Australian Government has implemented the Migration (Arrangements for Employer Nomination and Regional Employer Nomination Skilled Visas) Instrument 2024 (LIN 24/092), effective 7 December 2024. These amendments refine the processes for the Subclass 186 (Employer Nomination Scheme) and Subclass 187 (Regional Sponsored Migration Scheme) visas, ensuring improved accessibility and efficiency for employers and skilled migrants.

Key Provisions

1. Approved Forms for Nominations and Applications

• Specifies the approved forms for lodging nominations under Subclass 186 and 187 visas and applications for Employer Nomination (Class EN) and Regional Employer Nomination (Class RN) visas.
• Introduces alternative application lodgement methods to address technical issues with departmental systems, ensuring applicants avoid adverse consequences such as becoming unlawful non-citizens or exceeding age limits.

2. Streamlined Lodgement Processes

The Australian Government has introduced the Migration (Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2024 (LIN 24/093), which takes effect from 7 December 2024. This instrument provides a comprehensive update to the occupations and assessing authorities associated with the Subclass 186 Employer Nomination Scheme Visa, aligning with the Government’s migration priorities.

Key Provisions

1. Adoption of the Core Skills Occupation List (CSOL)
The instrument incorporates the Core Skills Occupation List (CSOL) for the Subclass 186 visa, detailing the eligible occupations and their corresponding assessing authorities. This ensures consistency with contemporary labour market needs.