Skilled - Independent

The Skilled - Independent visa is the only skills based visa that does not require sponsorship. This has made it a popular choice for overseas agents and applicants, as it does not require any commitment to gaining employment in Australia before making the move - until now!

It is now Government policy to reduce the number of grants of this visa class, in pursuit of a more demand driven model (demand here is being driven by employers and States, not the applicants!)

Already, there has been a reduction in places allocated for the grant of this visa in the 2009/2010 year, with a further reduction of 3,600 for 2010/2011.

Budget 2010 Government sharpens focus of skilled migration program. Tuesday, 11 May 2010

The overall size of the migration program will remain unchanged with a total of 168 700 places, comprising a total skill stream of 113 850 places, a total family stream of 54 550 places and 300 special eligibility places.

The overall level of skilled migration will increase by 5750 program places. This includes an additional 9150 program places for employer-sponsored skilled migration and a decrease of 3600 places for general skilled migration. An additional 200 visas in the business skills visa category will also be offered.

'These reforms support the Government's policy to deliver a more demand-driven skilled migration program that meets the needs of the economy in sectors and regions where there are shortages of skilled workers,' Senator Evans said.

'Foreign skilled labour is an important driver of economic growth and contributes to increased productivity and labour force levels. It also benefits migrants by ensuring they have a job with a direct match to their skills on arrival in Australia.'

The visa is issued for grant of permanent residence AFTER the migrant has met the residential location and working criteria from earlier sponsorship, and it needs employer sponsorship before the worker in Australia can meet the criteria.

For the Skilled - Independent Visa (subclass 175) no sponsorship by state or family is required for this visa, and visa holders are able to live anywhere in Australia afterwards.

The visa is points tested, with current pass mark 120 points. Applicants must nominate an occupation from the Skilled Occupation List (SOL), be under 45 years of age, and have been employed in a skilled occupation for 12 months in the period of 24 months immediately before the application is made for 60, 50 or 40 points categories of occupation.

Stage 1

The first stage involves completing a skills assessment with the relevant government approved organisation. The skills assessment allows DIAC to judge if the applicant has the required level of skill in their chosen occupation to practice in Australia, as defined in ANZSCO for their chosen occupation.

Stage 2

Only when a positive skills assessment has been obtained can the application continue to the visa lodgement stage. This second stage requires proof that the applicant meets all eligibility requirements and the pass mark.

Results

A successful applicant is given a 5 year multiple entry visa to live and work in Australia. They only need to live in Australia for 2 of the 5 years to have the visa reissued for a further 5 years. Alternatively, they can spend 4 consecutive years in Australia and be eligible for citizenship.

If they choose not to gain citizenship, they must apply for a Resident Return Visa before the original one expires in order to travel to and from Australia. Otherwise their resident visa may be lost and they will need to apply for a new one under whatever visa classes and rules apply at that time.

This site is not intended for use by either migrants or sponsors who are directly sponsoring a future employe. It is a condition of use of this site that all users acknowledge that they are not seeking migration advice for themselves as migrant or to act as sponsor of a future worker. For full legal entitlement and disclaimer please click here (c) Hire A Migrant Pty Ltd ACN 124 164 138 unless attributed.

The Australian Government is now in caretaker mode ahead of the national election scheduled for August 21. The timing is very unfortunate as a long series of major changes to immigration policy are still unfinished, leaving many thousands of people in a state of great uncertainty.

Although it is possible that State Governments may be able to submit their new lists of State Sponsored occupations for Ministerial approval, it is unclear whether the Minister still has the ability to authorise their implementation at least until a new Government is formed. Similarly, other unwelcome legislation for capping and ceasing certain visa categories is also unable to progress. Another choke point is that quotas for certain occupations may also be implemented at State and Federal levels soon after the election.

Or not! One major party view is that smaller employers should find it easier to become a sponsor, which would enable many more job applicants through. Applicants affected by change and uncertainty may still consider applying for 457 permits until their visa pathway for permanent residency is made clear. Even without the election, Immigration is in a bit of a mess and it will probably be October before it’s mostly cleared up.