Migration Regulations 1994 - Specification of Skilled Occupations, Relevant Assessing Authorities, Countries and Points for General Skilled Migration Visas and Certain Other Visas - IMMI 12/068
(Regulation 1.15I, subregulations 2.26AA(Regulation 1.15I, subregulations 2.26AA(2), 2.26AB(2) and 2.26B(1), subparagraphs 1128BA(3)(j)(ii), 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1218A(5)(g)(ii), 1218A(5)(g)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii), and items 6A11, 6A12 and 6A13)
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(Regulation 1.15I, subregulations 2.26AA(2), 2.26AB(2) and 2.26B(1), subparagraphs 1128BA(3)(j)(ii), 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1218A(5)(g)(ii), 1218A(5)(g)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii), and items 6A11, 6A12 and 6A13)
I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under regulation 1.15I, subregulations 2.26AA(2), 2.26AB(2), 2.26B(1), subparagraphs 1128BA(3)(j)(ii), 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1218A(5)(g)(ii), 1218A(5)(g)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) and Items 6A11, 6A12 and 6A13 of the Migration Regulations 1994 (‘the Regulations’):
REVOKE Instrument number IMMI 11/068, signed on 28 September 2011; AND
SPECIFY, in relation to a person who applied before 1 July 2010 the following:
(i) for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation listed in Schedule 1A to this Instrument to be a skilled occupation that is applicable to the person; and
(ii) for the purposes of paragraph 1.15I(1)(b) of the Regulations, the number of points listed in Schedule 1A to this instrument corresponding to each specified skilled occupation as the number of points available in respect of that skilled occupation; and
(iii) for the purposes of paragraph 2.26B(1)(a) of the Regulations, the person or body corresponding to each skilled occupation listed in Schedule 1A to this instrument as the relevant assessing authority for that skilled occupation; and
(iv) for the purposes of paragraph 2.26B(1)(b) of the Regulations, the country or countries corresponding to each skilled occupation and relevant assessing authority listed in Schedule 1A to this instrument as the country or countries for which the specified person or body is the relevant assessing authority for the purposes of an application for a skills assessment in that skilled occupation made by a resident of one of those countries; AND
SPECIFY, in relation to a person who:
(a) held a Subclass 485 (Skilled – Graduate) visa on 8 February 2010 and on or after 1 July 2010 but before 1 July 2012 is an applicant for the grant of a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa, or a Subclass 487 (Skilled – Regional Sponsored) visa; or
(b) had applied for a Subclass 485 (Skilled – Graduate) visa on or before 8 February 2010 and that application had not been finally determined, within the meaning of subsection 5(9) of the Migration Act 1958, on 8 February 2010, and on or after 1 July 2010 but before 1 July 2012 applies for the grant of a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa, or a Subclass 487 (Skilled – Regional Sponsored) visa; or
Part (Regulation 1.15I, subregulations 2.26AA - Migration Regulations 1994 - Specification of Skilled Occupations, Relevant Assessing Authorities, Countries and Points for General Skilled Migration Visas and Certain Other Visas - IMMI 12/068 - (Regulation 1.15I, subregulations 2.26AA(2), 2.26AB(2) and 2.26B(1), subparagraphs 1128BA(3)(j)(ii), 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1218A(5)(g)(ii), 1218A(5)(g)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii), and items 6A11, 6A12 and 6A13) | Zoe
(c) is a spouse or de-facto partner of an applicant for the grant of a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa, or a Subclass 487 (Skilled – Regional Sponsored) visa who applies on or after 1 July 2010 but before
1 July 2012 and the applicant held a Subclass 485 (Skilled – Graduate) visa on
8 February 2010; or
(d) is a spouse or de-facto partner of an applicant for the grant of a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa, or a Subclass 487 (Skilled – Regional Sponsored) visa who applies on or after 1 July 2010 but before
1 July 2012 and the applicant had applied for a Subclass 485 (Skilled – Graduate) visa on or before 8 February 2010 and that application had not been finally determined, within the meaning of subsection 5(9) of the Migration Act 1958, on
8 February 2010; or
(e) on 8 February 2010 held a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa and on or after 1 July 2010 but before 1 July 2012 applies for the grant of a Subclass 485 (Skilled – Graduate) visa;
the following:
(i) for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation listed in Part A or B in Schedule 2 to this instrument to be a skilled occupation that is applicable to the person; and
(ii) for the purposes of paragraph 1.15I(1)(b) of the Regulations, the number of points listed in Part A or B in Schedule 2 to this instrument corresponding to each specified skilled occupation as the number of points available in respect of that skilled occupation; and
(iii) for the purposes of paragraph 2.26AA(2)(a) of the Regulations, a person or a person in a class of person is a person who nominates a skilled occupation listed in Part A or B of Schedule 2 to this instrument; or
(iv) for the purposes of paragraph 2.26AA(2)(a) of the Regulations, a person or a person in a class of persons is a person who nominates a skilled occupation listed in Part C of Schedule 2 to this instrument and has been nominated by a State or Territory Government under subitems 1136(3A) and 1229(3A) of Schedule 1 the Regulations; or
(v) for the purposes of paragraph 2.26AA(2)(a) of the Regulations, a person or a person in a class of persons is a person who nominates a skilled occupation listed in Part C of Schedule 2 to this instrument and who is a spouse or de-facto partner of an applicant who has been nominated by a State or Territory Government under subitems 1136(3A) and 1229(3A) of Schedule 1 to the Regulations; and
(vi) for the purposes of paragraph 2.26AB(2)(a) of the Regulations, a person or a person in a class of persons is a person who nominates a skilled occupation listed in Part A of Schedule 2 to this instrument; or
(vii) for the purposes of paragraph 2.26AB(2)(a) of the Regulations, a person or a person in a class of persons is a person who nominates a skilled occupation listed in Part C of Schedule 2 to this instrument and has been nominated by a State or Territory Government under subitems 1136(3A) and 1229(3A) of Schedule 1 to the Regulations; or;
(viii) for the purposes of paragraph 2.26AB(2)(a) of the Regulations, a person or a person in a class of persons is a person who nominates a skilled occupation listed in Part C of Schedule 2 to this instrument and who is a spouse or de-facto partner of an applicant who has been nominated by a State or Territory Government under subitems 1136(3A) and 1229(3A) of Schedule 1 to the Regulations; and
(ix) for the purposes of paragraph 2.26B(1)(a) of the Regulations, the person or body corresponding to each skilled occupation listed in Part A or B or C in Schedule 2 to this instrument as the relevant assessing authority for that skilled occupation; and
(x) for the purposes of paragraph 2.26B(1)(b) of the Regulations, the country or countries corresponding to each skilled occupation and relevant assessing authority listed in Part A or B or C to Schedule 2 to this instrument as the country or countries for which the specified person or body is the relevant assessing authority for the purposes of an application for a skills assessment in that skilled occupation made by a resident of one those countries; and
(xi) for the purposes of subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) of Schedule 1 to the Regulations, each skilled occupation specified in Schedule 2 (Part A, B and C) to this instrument that is applicable to the person; AND
SPECIFY, in relation to a person who:
(a) applies on or after 1 July 2010 but before 1 July 2011 for a Skilled (Migrant) (Class VE) visa, a Skilled (Provisional) (Class VF) visa, a Skilled (Provisional) (Class VC) visa or a Skilled (Residence) (Class VB) visa;
the following:
(i) for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation listed in Schedule 3 to this instrument to be a skilled occupation that is applicable to the person; and
(ii) for the purposes of paragraph 1.15I(1)(b) of the Regulations, the number of points listed in Schedule 3 to this instrument corresponding to each specified skilled occupation as the number of points available in respect of that skilled occupation; and
(iii) for the purposes of paragraph 2.26B(1)(a) of the Regulations, the person or body corresponding to each skilled occupation listed in Schedule 3 to this instrument as the relevant assessing authority for that skilled occupation; and
(iv) for the purposes of paragraph 2.26B(1)(b) of the Regulations, the country or countries corresponding to each skilled occupation and relevant assessing authority listed in Schedule 3 to this instrument as the country or countries for which the specified person or body is the relevant assessing authority for the purposes of an application for a skills assessment in that skilled occupation made by a resident of one those countries; AND
SPECIFY, in relation to a person who:
(a) applies on or after 1 July 2010 but before 1 July 2011 for the grant of a Subclass 176 (Skilled – Sponsored) visa, a Subclass 475 (Skilled – Regional Sponsored) visa, a Subclass 487 (Skilled – Regional Sponsored) visa, or a Subclass 886 (Skilled – Sponsored) visa, and is nominated by a State or Territory government agency;
the following:
(i) for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation listed in Schedule 4 to this instrument to be a skilled occupation that is applicable to the person; and
(ii) for the purposes of paragraph 1.15I(1)(b) of the Regulations, the number of points listed in Schedule 4 to this instrument corresponding to each specified skilled occupation as the number of points available in respect of that skilled occupation; and
(iii) for the purposes of paragraph 2.26B(1)(a) of the Regulations, the person or body corresponding to each skilled occupation listed in Schedule 4 to this instrument as the relevant assessing authority for that skilled occupation; and
(iv) for the purposes of paragraph 2.26B(1)(b) of the Regulations, the country or countries corresponding to each skilled occupation and relevant assessing authority listed in Schedule 4 to this instrument as the country or countries for which the specified person or body is the relevant assessing authority for the purposes of an application for a skills assessment in that skilled occupation made by a resident of one those countries; AND
SPECIFY, for the purposes of item 6A11 of Part 1 of Schedule 6A to the Regulations, each skilled occupation that is specified in Schedule 1A to this instrument that is applicable to the person and for which 60 points are available; AND
SPECIFY, for the purposes of item 6A12 of Part 1 of Schedule 6A to the Regulations, each skilled occupation that is specified in Schedule 1A to this instrument that is applicable to the person and for which 50 points are available; AND
SPECIFY, for the purposes of item 6A13 of Part 1 of Schedule 6A to the Regulations, each skilled occupation that is specified in Schedule 1A to this instrument that is applicable to the person and for which 40 points are available.
This instrument number, IMMI 12/068, commences on 1 July 2012.
Dated 12 June 2012
CHRIS BOWEN
Minister for Immigration and Citizenship
[NOTE 1: Subregulation 1.15I(1) of the Regulations provides that skilled occupation, in relation to a person, means an occupation of a kind that is specified by the Minister in an instrument in writing to be a skilled occupation, for which a number of points specified in the instrument are available, and is applicable to the person in accordance with the specification of the occupation. The Minister has also specified skilled occupations in Instrument IMMI 12/023, IMMI 12/039 and 12/065 (for the purposes of subregulation 1.15I(1)).
NOTE 2: Subregulation 1.15I(2) of the Regulations provides that, without limiting subregulation 1.15I(1) the Minister may specify in the instrument any matter in relation to an occupation, or to a class of persons to which the instrument relates, including that an occupation is a skilled occupation for a class of persons, and that an occupation is a skilled occupation for a person who is nominated by a State or Territory government agency. The Minister has also specified skilled occupations in Instrument IMMI 12/023, IMMI 12/039 and 12/065 (for the purposes of subregulation 1.15I(2)).
NOTE 3: Regulation 2.26AA of the Regulations provides that prescribed qualifications and number of points for certain applications for General Skilled Migration visas applies to an applicant for a points-test General Skilled Migration visa if the applicant is a person, or a person in a class of persons, specified in an instrument in writing made by the Minister and the application is made on or after 1 July 2011 but before 1 July 2012.
NOTE 4: Subregulation 2.26AA(2) of the Regulations provides that Prescribed qualifications and number of points for other applications for General Skilled Migration visas applies to an application for a points-tests General Skilled Migration visa if the applicant is a person, or a person in a class of persons, specified by the Minister in an instrument in writing and the application is made on or after 1 July 2011 but before 1 July 2012 and the applicant’s score is assessed in accordance with Schedule 6B for section 93 of the Act and the applicant’s assessed score in accordance with Schedule 6B is less than the applicable pass mark at the time when the score is assessed.
NOTE 5: Subregulation 2.26AB of the Regulations applies to an applicant for a points-tested General Skilled Migration visa if the application is made on or after 1 July 2011 but before 1 July 2012 and subregulation 2.26AA(2) does not apply.
NOTE 6: Subregulation 2.26B(1) provides that the Minister may, by an instrument in writing, specify a person or body as the relevant assessing authority for a skilled occupation (if the person or body is approved in writing by the Education Minister or the Employment Minister as the relevant assessing authority for the occupation) and one or more countries, for the purposes of an application for a skills assessment made by a resident of one of those countries. The Minister has also specified assessing authorities and countries in instrument IMMI 12/023, IMMI 12/039 and IMMI 12/065 (for the purposes of subregulation 2.26B(1)).
NOTE 7: Education Minister and Employment Minister are defined in regulation 1.03 of the Regulations.
NOTE 8: Subparagraph 1128BA(3)(j)(ii) provides that if an applicant is seeking to satisfy the criteria for the grant of a Subclass 881 (Skilled - Australian-sponsored Overseas Student) visa - nominates in his or her application a skilled occupation for which at least 50 points are specified by an instrument in writing, as available
NOTE 9: Subitem 1136(3A) provides that an applicant for a Skilled (Residence) (Class VB) visa is nominated by a State or Territory government agency.
NOTE 10: Subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii) and 1136(6)(b)(iii) provide that the applicant has nominated a skilled occupation specified by the Minister in an instrument in writing.
NOTE 11: Subparagraph 1218A(5)(g)(ii) provides that if an applicant meets the requirements of Part 10 of Schedule 6A to these Regulations - nominate a skilled occupation for which at least 50 points are specified by an instrument in writing.
NOTE 12: Subparagraph 1218A(5)(g)(iii) provides that, in any other case - nominate a skilled occupation for which 60 points are specified by an instrument in writing for this subparagraph as available.
NOTE 13: Subitem 1229(3A) provides that an applicant for a Skilled (Provisional) (Class VC) visa is nominated by a State or Territory government agency.
NOTE 14: Subparagraph 1229(3)(ab)(ii) provides that the applicant has nominated a skilled occupation specified by the Minister in an instrument in writing.
NOTE 15: Subparagraphs 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) provide that the applicant must nominate a skilled occupation for the applicant that is specified by the Minister in an instrument in writing..
NOTE 16: Item 6A11 provides that the applicant must nominate a skilled occupation, specified by an instrument in writing, in the application for which at least 60 points are available.
NOTE 17: Item 6A12 provides that the applicant must nominate a skilled occupation, specified by an instrument in writing, in the application for which at least 50 points are available.
NOTE 18: Item 6A13 provides that the applicant must nominate a skilled occupation, specified by an instrument in writing, in the application for which at least 40 points are available.
NOTE 19: Schedule 6A is repealed from the Migration Regulations 1994 by the Migration Amendment Regulation 2012 (No 2), with effect from 1 July 2012. However, the repeal will apply only in respect of applications made on and after 1 July 2012 (see Item 101 of Part 1, Schedule 13 (Transitional arrangements) to the Migration Regulations 1994). Schedule 6A will remain in force in respect of applications made before 1 July 2012 and those applications will continue to be decided under the regulations as they were prior to 1 July 2012. This Instrument applies in respect of certain applications that were made between 1 July 2010 and 1 July 2012.]