Australian Immigration Daily News

I received the following email today from the DIAC via the NSW Client Reference Group, where Migration Alliance is a stakeholder:

Dear CRG members,

Please find below response to an issue raised by Liana Allan from Migration Alliance:

NSW makes it official:

http://www.business.nsw.gov.au/live-and-work-in-nsw/visa-and-migration/state-migration-plan

It would appear based on the occupational ceiling report for these occupation that DIAC may have issued invitations for the entire years’ worth of skilled independent places for these occupations in the last month, and has now shut down the states from nominating any candidates for these occupations via the state sponsored skilled visa (190 and 489). Hardly fair to those who expected DIAC to parcel out the places across the 12 month period, rather than filling them up all at once and instituting an 11+ month wait for anybody who didn’t get in.

Plus, nobody is releasing the exact occupations that are shut down – are we to infer from the message that all occupations in each of the 4-digit groups are now closed for state sponsorship? I’m getting calls and emails from more than a few very unhappy clients… Thanks for any clarification MA may be able to get from DIAC on exactly which occupations are closed, and is this a decision that now lasts for the remainder of the program year (ie, until 30 Jun 2014)?

Responses provided by Director, SkillSelect:

To provide some background information on occupational ceilings, I confirm that they were introduced on 1 July 2012 as part of the package of reform of Australia’s skilled migration program, which included the introduction of SkillSelect, the creation of new visa subclasses and changes to visa processing systems to provide for e-lodgement of all applications.  Occupational ceilings were designed to limit the number of invitations issued via SkillSelect for each occupational group in the general skilled migration program.  They are intended to ensure that the program is not dominated by a narrow range of occupations which could potentially crowd out local job seekers in these areas.

Once an occupational ceiling has been reached, no further invitations for that occupation can be issued for the remainder of the program year.  However, occupational ceilings do not apply to employer sponsored visas so specific skill shortages can still be filled through the employer sponsored program, even if the relevant ceiling has been reached.  Occupational ceilings are set based upon advice from the Australia Workforce Productivity Agency (AWPA) and other Federal agencies such as Treasury and DEEWR.  The ceilings are set at six per cent of the stock number of workers in each occupational group, representing the average figure for replacement demand (that is, replacing workers who have left the workforce) and new job growth.

 In 2012-13, the following six occupational groups reached their occupational ceilings which meant no intending migrants in occupations in these groups could be nominated or invited to apply for a visa until the ceilings were reset on 1 July 2013:

 Occupational Group
   
ANZSCO Code

Chemical & Material Engineers
   
2331

ICT Business & System Analysts
   
2611

Electronics Engineers
   
2334

Telecomm Engineering Professionals  

2633

Other Engineering Professionals  

2339

Software and Applications Programmers  

2613

In the first month of the 2013-14 program year, a significant proportion of available places were again used up for these six occupational groups and it was determined that the ceilings would again be met, but even earlier than in the previous program year.  Based on the high numbers of Expressions of Interest (EOIs) being submitted for these occupational groups, the decision was therefore made to move to a pro rata allocation of the remaining places to allow limited numbers of the most highly skilled workers in these occupations to apply for a visa throughout 2013-14.  In discussions with states and territories, they have suggested alternative approaches in order to allow state and territory nominations for these occupations as well as invitations for skilled independent migrants and we are currently working with them to develop an acceptable solution which will allow both independent skilled and state and territory nominated migrants from these occupational groups for the remainder of the 2013‑14 program year.

I would emphasise that there will be no change to the total number of places available for these six occupational groups under their occupational ceilings.  The focus is on ensuring that the limited remaining places in these occupational groups are not exhausted early in the year.  The situation outlined in the email below (ie: having no one from these occupational groups being able to be invited for 11 months) is exactly what we have been trying to avoid and if the current limitations had not been introduced by DIAC, some occupational ceilings would have already been reached and the others would be very close to being reached.  When the new arrangement with the states and territories is finalised, it will be announced in the updated invitation round report on the SkillSelect website (www.immi.gov.au/skills/skillselect/) and information about the specific cut off points scores for these occupational groups under the new arrangements will also be included in this report.

Kind regards,

Grace Turner

Secretariat
NSW Client Reference Group
Department of Immigration and Citizenship