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General Skilled Migration Reforms

1 September 2007 - Legislation change

Client summary

From 1 September 2007, the Migration Regulations 1994 (‘the Regulations’) are amended to respond to the recommendations of the Evaluation of General Skilled Migration (GSM) Categories and introduce other changes to improve the efficiency and effectiveness of the GSM programme.

The key changes include:

  • increasing the English language threshold requirement for all GSM visas;
  • making the recent work experience requirement uniform across all offshore GSM visas;
  • adjusting the points test to benefit applicants with:
    – strong English language skills;
    – Australian skilled work experience; and
    – advanced Australian tertiary qualifications;
  • limiting Migration Occupations in Demand List (MODL) points to applicants with work experience;
  • allowing overseas students with 50 point occupations to apply for GSM in Australia;
  • clarifying the 2 year study requirement;
  • creating a temporary visa to enable former Overseas Students to:
    – gain skilled work experience;
    – improve their English language skills; or
    – undertake a Professional Year;
  • simplifying the GSM visa structure; and
  • allowing interdependent partners to be included as secondary applicants.

Technical Details

Amendments have been made to:

  • Parts 1 and 2 of the Regulations;
  • Schedule 1 to the Regulations;
  • Schedule 2 to the Regulations;
  • Schedule 8 to the Regulations; and
    a new Schedule 6B to the Regulations has been inserted.

Additional information: Nil

Transitional arrangements: The amendments relate to applications for a GSM visa made on or after 1 September 2007.

Forms: As part of these reforms, new application Form 1276 Application for General Skilled Migration to Australia and new sponsorship Form 1277 Application for sponsorship under General Skilled Migration have been created.

Instructions: PAM3 will reflect these legislative amendments from 1 September 2007.

Effect on delegations: Nil

Effect on systems: Integrated Client Service Environment (System) (ICSE) will be updated to reflect these amendments.