How new SkillSelect programme in Australia will affect ordinary workers

by Ray Clancy on June 28, 2012

in Australia Immigration

DIAC unveil case study showing how SkillSelect will affect visa applicants

The Department of Immigration and Citizenship in Australia has unveiled a case study to show how the new SkillSelect programme that is launched on Sunday will affect visa applicants.

It is using the fictional example of Joselito, is a 34 year old motor mechanic from the Philippines who works for Car Tune car repair in Wagga Wagga. He has been working for his employer for the last two years as a subclass 457 visa holder. Car Tune’s manager has told Joselito the company would like to sponsor him for permanent residence.

Wagga Wagga is an eligible part of Australia for the Regional Sponsored Migration Scheme (RSMS).

Joselito can lodge his application before the reforms are introduced on 01 July and be considered against the current RSMS criteria. However, both the nomination and visa application would have to be lodged on or before 30 June.

A nomination lodged before 01 July can be linked to an application lodged after the reforms are introduced. However, the visa applicant will be considered against the new direct entry stream criteria for RSMS.

Joselito and his employer will benefit from the 01 July permanent employer sponsored reforms because some criteria satisfied at the standard business sponsorship stage won’t be reassessed, for example, that the business is actively and lawfully operating, the nomination won’t need to be ‘certified’ by a Regional Certifying Body (RCB) saving the employer time and paperwork, and Joselito will be considered to meet the skill requirement because he has already proven his skills.

Because Joselito has been working for his employer as a motor mechanic on a subclass 457 visa for the last two years, he is eligible to apply for permanent residence through the Temporary Residence Transition stream.

This provides a streamlined and simplified pathway to permanent residence for eligible subclass 457 visa holders. It is being introduced in recognition of the important economic and social contribution these skilled workers make to Australia.

From 01 July, to nominate Joselito for permanent residence, Car Tune will have to make sure that the job or position being nominated for permanent residence is consistent with the position the person held while on their subclass 457 visa; that the position will continue to be available to the prospective migrant for at least two years on a full time ongoing basis and that the terms and conditions of employment are the same as any that would apply to an Australian.

Joselito will need to meet key visa criteria, including being less than 50 years of age, and having vocational English language proficiency.

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