Year: 2024

Tasmanian Skilled Migration State Nomination Program Update

What’s in this issue? Skilled employment related to gold, green and orange-plus attributes – further guidance Key statistics – invitation and approval rate Overseas applicant selection – focus on health, allied health, and education sectors Information Webinar – 17 December 2024 Christmas / New Year office closure Skilled employment related to gold, green and orange-plus attributes Further guidance has been published on the Migration Tasmania website about the things we consider when determining if someone is in a skilled employment role. A candidate must be in a skilled role to be able to claim gold, green or orange-plus attributes. To claim gold, green or orange-plus attributes related to employment, the role must be skilled ANZSCO Skill Level 1, 2 or 3. This means that it closely matches the description of an occupation classified in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) as being Skill Level 1, 2 or 3. If your occupation is not listed in ANZSCO, your duties may be similar to another occupation that is listed. If you cannot find a close match to your role, ANZSCO provides a general description of each skill level. Considerations – Skills and qualifications, duties and pay. When evaluating a claim to be in ANZSCO Skill Level 1, 2 or 3 role, Migration Tasmania considers 3 main factors: the applicant’s skills and qualifications, the duties they undertake, and their pay rate. If these three factors do not align, Migration Tasmania may determine that the role is not skilled. A pay rate above the current Temporary Skilled Migration Income Threshold (currently $73,150) can also be an indicator of skilled employment. However, this will still be considered in conjunction with the other indicators mentioned in this section. Pay or salary at or around the National Minimum Wage is not consistent with a skilled role and related employment cannot be claimed for gold, green or orange-plus attributes. Migration Tasmania may also compare pay rates to those of other roles in the same industry and the pay those roles normally receive. Example 1:   A candidate has claimed in their Registration of Interest (ROI) for the Tasmanian Skilled Employment pathway that they are in an ANZSCO Skill Level 1-3 role as a Cook at a Tasmanian restaurant. Their letter of reference has stated that they perform the normal duties of a cook.   The case officer reviews the duties and agrees that they are consistent with those of a fully qualified tradesperson-equivalent cook. However, the case officer also notes that the base pay rate of $25 per hour is the same that would be received by a kitchenhand, a role normally classified in ANZSCO as Skill Level 5. Migration Tasmania would be unlikely to have confidence that the role was either skilled or that the applicant is receiving appropriate pay and conditions.   Example 2:   A candidate has claimed in their ROI that they are a fully qualified Mechanic (with the relevant qualifications) at a Tasmanian repair shop. They have claimed they are in an ANZSCO Skill Level 1-3 role and their reference letter demonstrates they are undertaking the duties of a Mechanic.   The case officer notes that the base pay rate of $26 per hour is the same that would be received by a Driveway Attendant, a role normally classified in ANZSCO as Skill Level 5. Migration Tasmania would be unlikely to have confidence that the role was either skilled or that the applicant is receiving appropriate pay and conditions.   The Fair Work Ombudsman provides free advice regarding appropriate pay rates and conditions. What if my duties include both higher skilled and lower skilled elements? In cases where there is some overlap between lower (ANZSCO 4-5) and higher (ANSZSCO 1-3) roles there must be a substantial proportion of duties listed on your duty statement that are consistent with an ANZSCO occupation classified as Skill Level 1, 2 or 3. For the Tasmanian Skilled Employment pathway, there should be at least a 70 per cent match between the duties of your role and the duties listed for the position on ANZSCO.   Example 1: A candidate is working as a Disability Support Worker. The closest ANZSCO occupation for that role would be 4231 Aged and Disabled Carers, which is Skill Level 4. Unless the duties the candidate undertakes substantially match another role that aligns with Skill Level 1, 2 or 3, they would not be able to claim priority attributes for skilled employment. Example 2: An Assistant Accountant role would only be accepted for the Tasmanian Skilled Employment pathway if there was a 70 per cent match with the duties outlined on ANZSCO for Group 2211 Accountants. Roles that consist mainly of administrative support are not considered skilled roles.   For the Tasmanian Skilled Graduate and Tasmanian Established Resident pathways there is more flexibility; the match should be at least 40 per cent. This recognises the need for many recent graduates to obtain experience at entry level before being appointed to and paid at a fully skilled level. However, if the duties of your role align with those of a fully skilled and experienced worker, you are expected to receive pay at the appropriate level.   Example 1: A recent accounting graduate working as a junior accountant or accounts assistant may focus on tasks like data entry, reconciling bank statements, processing invoices, or assisting with payroll. These duties might align with 40–50% of the ANZSCO definition, as they are building foundational skills. Their role reflects an entry-level position, so a lower salary might be acceptable for nomination. An accountant performing duties like preparing detailed financial reports, advising on tax strategies, analysing financial risks, and managing budgets would have 70–100% alignment with the ANZSCO definition. Since their role corresponds to the expectations of a fully skilled professional, they would be unlikely to be approved for nomination unless they are paid at the level expected for a qualified accountant. Example 2: A recent graduate working as a commis chef (entry-level chef) may primarily

Australia’s international student caps likely to be blocked

Australia’s plan to cap international student numbers looks set to be blocked after opposition politicians decided to vote against the proposed laws, even after they had repeatedly urged cuts to migration. The Australian parliament was expected to debate the legislation in the coming two weeks, the final sitting period for the year. The government said it would limit foreign student commencements at 270,000 for 2025 under the new laws. The plan comes as the center-left Labor government seeks solutions to a surge in immigration and an unprecedented housing crisis ahead of a federal election due by May. Sarah Henderson, education spokesperson for the center-right Liberal-National coalition, said Monday that the bill is “chaotic and confusing” and fails to address “the structural issues” the government has created. “We cannot support measures which will only serve to compound this crisis of the government’s making. Based on their record so far we have absolutely no confidence the government is capable of fixing its immigration mess,” Henderson said in a statement. The Greens Party has also rejected the proposed laws, leaving the government without the numbers in the Australian Senate to pass the legislation. Opposition Leader Peter Dutton has previously said he would limit net international migration, including students, to 160,000, without specifically outlining how the numbers would be achieved. The proposed law would bring the number of new international students across higher education and vocational training back to pre-pandemic levels, the government has said. “You can’t talk tough on immigration and then vote against putting a limit on the number of people that come to this country every year,” Education Minister Jason Clare told Parliament on Monday, responding to the Opposition’s policy shift. Speaking after the announcement, Universities Australia Chief Executive Officer Luke Sheehy said the decision to block the law merely lengthened “a phony war blaming international students on the migration and housing issue.” “Both sides of politics need to get real about investing in Australia’s world-class university sector that relies so much on international student revenue,” he said.  

Jason Clare is wrong on net migration and student caps

In a speech at the Australian Education International (AEI) conference, Education Minister Jason Clare is reported to have told the audience that student caps will help with “the government’s ambitions to get immigration levels back to pre-pandemic levels, including international student numbers”. The latest Treasury forecast of net migration in 2024-25 at 260,000, to the extent we can rely on those, is broadly consistent with Clare’s statement. In the three years prior to the pandemic (ie 2016-17; 2017-18 and 2018-19), net migration averaged around 246,000 per annum with the net student contribution to that rising from 104,000 in 2016-17 to 112,710 in 2018-19. In 2018-19, the net student contribution to net migration had increased to 47 percent – the highest absolute and proportionate student contribution to net migration in our history (until that record was broken in 2022-23). The net student contribution to net migration boomed after international borders were re-opened in 2022 as the Coalition Government had stomped on the student visa accelerator. After peaking in 2022-23 at over 520,000, with the net student contribution to that at around 264,000 (ie 51 percent), net migration is now falling. In 2023-24 net migration is likely to have fallen to around 460,000 against an upwardly revised Treasury forecast of 395,000 – an underestimate of around 70,000. With the range of student visa policy tightening that took place in 2023 and in the first half of 2024, the net student contribution to net migration in 2023-24 may well have fallen to the Treasury forecast of 185,000. For 2024-25 Treasury is forecasting net migration will fall to 260,000 (a decline of around 200,000 or over 42 percent compared to the likely outcome in 2023-24) with a net student contribution of 130,000. But can we trust the Treasury forecast given its poor net migration forecasting record of recent years? Student contribution to net migration in 2024-25 Treasury’s current forecasts for the student contribution to net migration are in Table 1. Table 1: Treasury Forecasts for Net Migration of Students Image Supplied Source: Treasury evidence to Senate Hearings on 2 October 2024 Student caps for 2025 have been set at this stage at 270,000 for just higher education and VET students. That does not include students in other long-term stay student visa streams such as: school students (8,253 primary offshore visa grants in 2023-24); postgraduate research students (5,565 primary offshore visa grants in 2023-24); government sponsored students (3,452 primary offshore visa grants in 2023-24); and others (eg students from Pacific Island nations). When the above cap exempt categories are added, new long-term students in 2025 would be close to 290,000 primary visa holders. The student caps also exempt non-award students (17,426 primary offshore visa grants in 2023-24) and ELICOS students (29,007 primary offshore visa grants in 2023-24) who may enter initially on a short-term visa and then extend stay. These would mostly be within the caps for higher education and VET. As the student caps relate only to primary applicants, secondary applicants who receive a visa are also in addition to the cap. On average, secondary visa holders add another 10% to 15% to the number of primary applicants granted a student visa. The student contribution to net migration, as with all visa types, includes both primary and secondary applicants. There are then questions around behaviour including: What portion of capped students (higher education and VET) will remain long-term? It is highly likely this may be around 90 percent or higher as providers seek to maximise revenue from their capped places. Will education providers try to hit their caps as quickly as possible in 2025? This would help to put increased pressure on the Education Department to increase caps in 2025 and in 2026. Will education providers become increasingly creative in finding ways to avoid the caps (eg converting masters by coursework programs to masters by research programs) and create disincentives for overseas students who want to leave providers early? Overall, if the student caps (plus long-stay exempt categories) are delivered, it is highly likely net migration student arrivals in 2024-25 would rise significantly, possibly to between 275,000 to 300,000 rather than fall to 195,000 as Treasury has forecast. If we accept the Treasury forecast for student departures contributing to net migration rising to 70,000 in 2024-25 (there is no detail on how Treasury came to this forecast), the student contribution to net migration in 2024-25 would be well over 200,000 rather than the forecast of 130,000. If student caps at current levels are to be made the dominant driver of student visa processing, the student contribution to net migration would remain well above pre-pandemic levels and well above Treasury forecasts for 2024-25. Students would be a major driver of net migration in 2024-25 which is likely to come in at around 350,000 to 375,000. That will be completely contrary to Jason Clare’s recent assertion. Treasury is likely to confirm that when it updates its net migration forecast later this year and again ahead of the 2025 Election. Reference Link: (https://johnmenadue.com/jason-clare-is-wrong-on-net-migration-and-student-caps/)

Business and Skilled Migration

We are now accepting applications for the Skilled Work Regional visa (subclass 491) Pathway 1 and Pathway 3 We are pleased to announce the opening of the Skilled Work Regional visa (subclass 491) – Pathway 1 and Pathway 3 for the 2024-25 program year. Below is a summary of the key updates: Subclass 491 Visa Pathway 1 – Work in Regional NSW  All occupations that are eligible for the Skilled Work Regional visa (subclass 491) can apply under Pathway 1. To apply under this pathway, you must be currently working in your nominated (or closely related) occupation in a designated regional area of NSW and have continuously done so for the past six months with a single employer based in regional NSW. You must also be paid the Temporary Skilled Migration Income Threshold salary rate from your qualifying employer in your nominated (or closely related) occupation at the time of application. We removed the requirement to live-in-NSW for Pathway 1, providing greater flexibility for applicants living in border towns. Detailed eligibility criteria for Pathway 1 is available on our website. Please review these to ensure you meet the requirements before applying. Subclass 491 Visa Pathway 3 – Regional NSW Graduate  To apply under this pathway, you must have completed a bachelor’s degree or above from an education institution located in a designated regional area of NSW. Your qualifying study in regional NSW must be eligible to claim points for study in Regional Australia as per the Points table for Skilled Work Regional (Provisional) visa (subclass 491). Your qualifying study must be related to your nominated (or closely related) occupation and have been completed within the 2 years immediately before applying for NSW nomination. Please visit our website for a full list of eligibility requirements for Pathway 3. Limited Places for Subclass 491 Visas Pathway 1 and Pathway 3   Considering the limited allocation, we have limited places available for these two pathways. Investment NSW reserves the right to close these pathways once all available places have been exhausted.  Nominations are at the discretion of Investment NSW   Investment NSW reserves the right to refuse an application for nomination if the application does not meet the published criteria, if the nomination is not in the best interests of NSW, or if our allocation is fully committed. For more detailed information on these changes and how they might affect your application, visit our website or consult a registered migration agent or legal practitioner. We look forward to receiving your applications and helping skilled migrants build their future in NSW. Other Important Information from the NSW Government   Changes to enrolment policy for Dependents of Temporary visa holders for regional NSW  All students on a temporary resident visa will now be able to enrol in their local school, based on their residential address. Enrolment fees will be waived for families that are regional holders (i.e. those who reside outside of greater Sydney and Wollongong) of Temporary Skills Shortage visas (subclass 482). These changes come into effect 1 January 2025. Please refer to Department of Education’s fact sheet Changes to the enrolment policy for further information. NSW Growing Regions of Welcome (GROW)  The NSW Growing Regions of Welcome (GROW) is a lifestyle and employment program underway in the Murray and Riverina regions. It connects interested people from migrant and refugee backgrounds living in Western Sydney with opportunities in regional NSW. Please refer to NSW GROW (Growing Regions of Welcome) – Multicultural NSW for further information. Reference Link : (https://visasmigration.cmail20.com/t/t-e-sjkuhik-tjbttjdjl-f/)

More opportunities for international student graduates

The Victorian Government is expanding pathways for international student graduates to access the Skilled Work Regional visa (subclass 491). Key features of this initiative include: In 2024-25, the Victorian Government will reserve at least 500 subclass 491 visa nomination places (at least 25 per cent of Victoria’s allocation) for international student graduates of Victorian educational institutions. Graduates currently living and working in Melbourne will also now be able to submit a Registration of Interest for subclass 491 visa nomination – creating a pathway to relocate to regional Victoria. These new pathways provide more opportunities for international graduates to build their careers in regional Victoria and contribute to and strengthen regional communities. For more information visit Skilled Work Regional (subclass 491) visa.