Amendments to transition from the use of the Australian Standard Classification of Occupations (ASCO) to the Australian and New Zealand Standard Classification of Occupations (ANZSCO) in certain skilled migration programs
Commencement: 1 July 2010
Client summary
From 1 July 2010, the Migration Regulations 1994 ('the Regulations') are amended to:
- insert definitions of ASCO and ANZSCO and transition from the use of ASCO to ANZSCO in nomination criteria relating to the Subclass 442 (Occupational Trainee) and Subclass 457 (Business (Long Stay)) visas
- enable the Minister for Immigration and Citizenship to refund the fee for nomination for the Subclass 457 (Business (Long Stay)) visa where on or after 1 July 2010 the person nominates an occupation by reference to an ASCO code and withdraws the nomination for that reason before a decision is made.
Affected legislation
The following provisions of the Regulations are amended:
- Part 1, regulation 1.03, definition of ANZSCO, is inserted
- Part 1, regulation 1.03, definition of ASCO, is inserted
- Part 1, regulation 1.03, definition of Australian Standard Classification of Occupations, is omitted
- Part 2, subregulation 2.26A(6), definition of trade qualification, is amended
- Part 2A, subregulation 2.57(1), definition of ASCO, is omitted
- Part 2A, subregulation 2.72(8), is amended
- Part 2A, subregulation 2.72(8A), is inserted
- Part 2A, paragraph 2.72(10)(a), is amended
- Part 2A, paragraph 2.72(10)(aa), is inserted
- Part 2A, paragraph, 2.72(10)(b), is amended
- Part 2A, paragraph 2.72(10)(d), is amended
- Part 2A, subparagraph 2.72(10)(d)(i), is amended
- Part 2A, sub-subparagraph 2.72(10)(d)(iv)(B), is amended
- Part 2A, paragraph 2.72(10)(e), is inserted
- Part 2A, paragraph 2.72(11)(b), is amended
- Part 2A, paragraph 2.72(11)(c), is inserted
- Part 2A, paragraph 2.72I(5)(b), is amended
- Part 2A, paragraph 2.72I(5)(ba), is inserted
- Part 2A, subregulation 2.73(4), is amended
- Part 2A, subregulation 2.73(4A), is inserted
- Part 2A, subparagraph 2.73(6)(a)(i), is amended
- Part 2A, subparagraph 2.73(6)(b)(ii), is amended
- Part 2A, sub-subparagraph 2.73(6)(c)(ii)(B), is amended
- Part 2A, paragraph 2.73(6)(d), is inserted
- Schedule 2, paragraph 457.223(4)(aa), is amended
- Schedule 8, paragraph 8107(3A)(a), is amended
- Schedule 8, paragraph 8107(3A)(aa), is inserted.
Additional information
Nil.
Transitional provisions
Amendments made in relation to nominations for a Subclass 457 (Business (Long Stay)) visa (except amendments to insert paragraph 2.73(6)(d) and other related changes to enable the refund of the fee for certain applicants), and nominations for a Subclass 442 (Occupational Trainee) visa, apply to nominations:
- made but not yet finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 1 July 2010; or
- made on or after 1 July 2010.
Amendments made in relation to the definition of trade qualification in subregulation 2.26A(6) of Part 2 of the Regulations, paragraph 457.223(4)(aa) of Schedule 2 to the Regulations and paragraphs 8107(3A)(a) and (aa) of Schedule 8 to the Regulations apply to visa applications:
- made but not yet finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 1 July 2010; or
- made on or after 1 July 2010.
Amendments made in relation to the definitions of ASCO and ANZSCO in regulation 1.03 to the Regulations and to enable the refund of a nomination fee for certain applicants for a Subclass 457 (Business (Long Stay)) visa nomination, apply on and after 1 July 2010.
Forms
Forms 47ES, 47SK, 785, 1054, 1100, 1121i, 1192, 1196 (Internet), 1196N, 1276, 1378 and Booklet 5 will be amended to reflect these changes.
Instructions
PAM3 will be amended to reflect these changes.