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Departmental Information

Amendments to enable a more targeted skilled occupation list to be specified by the Minister under the definition of "skilled occupation"

Commencement: 1 July 2010

Client summary

From 1 July 2010, the Migration Regulations 1994 ('the Regulations') are amended to:

  • extend the definition of "skilled occupation" to allow the Minister to specify in an instrument in writing occupations that are applicable to classes of persons including that an occupation is a skilled occupation for a person who is nominated by a state or territory government agency
  • require applicants for certain General Skilled Migration visas to be nominated by a state or territory government agency or to be sponsored by an eligible person in order to make a valid application to align with the relevant changes to the definition of "skilled occupation"
  • remove the changes that commenced on 8 May 2010 to allow applicants seeking to satisfy the primary criteria for a Subclass 175 (Skilled – Independent), Subclass 176 (Skilled – Sponsored) or Subclass 475 (Skilled – Regional Sponsored) visa, that allow for the grant of a visa outside of Australia, to be able to make a valid visa application on or after 1 July 2010.

Affected legislation

The following provisions of the Regulations are amended:

  • Part 1, regulation 1.03, definition of designated area, is inserted
  • Part 1, regulation 1.03, definition migration occupation in demand, is amended
  • Part 1, regulation 1.03, definition skilled occupation, is amended
  • Part 1, regulation 1.15H, is inserted
  • Part 1, regulation 1.15I, is inserted
  • Part 1, subregulation 1.20(3), is amended
  • Part 1, subregulation 1.20(3A), is inserted
  • Schedule 1, paragraph 1135(3)(c), is amended
  • Schedule 1, paragraph 1135(3)(ca), is inserted
  • Schedule 1, paragraph 1135(3)(e), is omitted
  • Schedule 1, subitem 1135(3A), is inserted
  • Schedule 1, subitem 1135(3B), is inserted
  • Schedule 1, paragraph 1136(3)(ca), is inserted
  • Schedule 1, subitem 1136(3A), is inserted
  • Schedule 1, subitem 1136(3B), is inserted
  • Schedule 1, subparagraph 1136(4)(b)(ii), is amended
  • Schedule 1, subparagraph 1136(5)(b)(ii), is amended
  • Schedule 1, subparagraph 1136(6)(b)(iii), is amended
  • Schedule 1, subparagraph 1228(3)(b)(ii), is amended
  • Schedule 1, paragraph 1228(3)(e), is omitted
  • Schedule 1, subitem 1228(3A), is inserted
  • Schedule 1 subitem 1228(3B), is inserted
  • Schedule 1, paragraph 1229(3)(da), is inserted
  • Schedule 1, subitem 1229(3A), is inserted
  • Schedule 1, subitem 1229(3B), is inserted
  • Schedule 1, subparagraph 1229(4)(b)(ii), is amended
  • Schedule 1, subparagraph 1229(5)(b)(ii), is amended
  • Schedule 1, subparagraph 1229(6)(b)(iii), is amended
  • Schedule 1, subparagraph 1229(7)(b)(ii), is amended
  • Schedule 2, clause 106.111, definition designated area, is omitted
  • Schedule 2, clause 106.111, note 1A, is inserted
  • Schedule 2, clause 139.111, definition, designated area, is omitted
  • Schedule 2, clause 139.111, note 1, is amended
  • Schedule 2, Division 175.2, heading, note, is amended
  • Schedule 2, Division 175.3, heading, note, is amended
  • Schedule 2, Division 176.2, heading, note, is amended
  • Schedule 2, subclause 176.222(1), is amended
  • Schedule 2, subclause 176.222(2) is amended
  • Schedule 2, Division 176.3, heading, note, is amended
  • Schedule 2, clause 457.111, definition of designated area, is omitted
  • Schedule 2, clause 475.111, note 3A, is inserted
  • Schedule 2, Division 475.2, heading, note, is amended
  • Schedule 2, clause 475.213, is omitted
  • Schedule 2, clause 475.222 is amended
  • Schedule 2, Division 475.3, heading, note, is amended
  • Schedule 2, clause 487.111, definition of designated area, is omitted
  • Schedule 2, clause 487.111, note 3A, is inserted
  • Schedule 2, clause 487.213, is omitted
  • Schedule 2, clause 487.225, is amended
  • Schedule 2, clause 496.111, definition of designated area, is omitted
  • Schedule 2, clause 496.111, note 1, is amended
  • Schedule 2, clause 846.111, definition of designated area, is omitted
  • Schedule 2, clause 846.111, note 1, is amended
  • Schedule 2, clause 863.111, definition of designated area, is omitted
  • Schedule 2, clause 863.111, note 1, is amended
  • Schedule 2, clause 883.111, including the note, is amended
  • Schedule 2, subclause 886.222(1), is amended
  • Schedule 2, subclause 886.222(2), is amended.

Additional information

Nil.

Transitional provisions

The amendments apply to all visa applications made on or after 1 July 2010, except the changes to the definition of migration occupation in demand and skilled occupation that apply to a visa application made but not 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.

Forms

Forms 1100 and 1277 will be amended to reflect these changes.

Instructions

PAM3 will be amended to reflect these changes.