Response from Ministry of Immigration and Citizenship

A few weeks ago I edited this blog post about the pointless changes to Australian immigration procedures to formalise it, add references, and add suggestions. I then mailed it off to a number of key politicians and media, including Kevin Rudd, Michael Johnson, Scott Emerson, Anna Bligh, Campbell Newman, and of course the Minister for Immigration and Citizenship himself, Chris Evans.

Recently I got a detailed response back from the Ministry (not Chris Evans directly though). You can see the original letter here; below is the text.

Dear Ms Shafiq,

Thank you for your letter of 10 March 2010 to the Minister for Immigration and Citizenship, Senator Chris Evans, concerning the requirements for General Skilled Migration (GSM). The Minister has asked me to reply on his behalf.

I understand from your letter that you have recently applied for GSM, and that based on your experience you have some suggestions on how the GSM program could be improved. I welcome and acknowledge yourfeedback, and would like to take this opportunity to address some ofthe issues you have raised.

The Skilled Stream of the migration program is designed to meet Australia’s national interest and needs and, in the case of GSM, to ensure that successful applicants have the characteristics that will assist them to settle and quickly find full-time skilled employment in Australia.

As you know, persons applying for a GSM visa must nominate an occupation on the Skilled Occupation List (SOL) and be found suitable for that occupation by the relevant Australian assessing authority. You have asked on what basis occupations are included on the SOL.

The Australian Govemment recognises the need for a more targeted list of occupations to better meet the medium and long—term future skill needs ofthe

Australian economy. For this reason, from mid 2010, the SOL will be replaced with a smaller more targeted list of skilled occupations, based on research undertaken by ‘Skills Australia'. Skills Australia is an organisation which has been established by the Government to provide expert and independent advice to the Deputy Prime Minister on matters relating to Australia’s current, emerging and future workforce skills and workforce development needs. The Skills Australia based SOL will deliver a GSM program more tightly focused on high value skills that will assist in addressing Australia’s future skills needs. At this point of time the Department of Immigration and Citizenship cannot speculate on what occupations are likely to be on the SOL.

As well as nominating an occupation on the SOL, applicants for GSM must also obtain a valid skills assessment for their nominated occupation from the relevant skills assessing authority. The Government recognises the value of a person’s work experience in helping to equip them with the skills to integrate into the labour market. This is reflected in the GSM points test awarding points to applicants for specific work experience.

However, whether an applicants work experience is considered for the purposes of a skills assessmentis a decision for the relevant assessing authority. Since the changes to the Migration Regulations 1994 that commenced on 1 July 1999, the Department is no longer involved in the assessment process of clients' skills. The assessing authorities listed on the Skilled Occupation List are the experts in the various fields and, under the provisions of the Migration Regulations 1994, only these authorities can, in law, determine a client’s skill level for the purposes of migration.

I note also that some of your feedback relates to the difficulties faced by international students who wish to apply for GSM on the completion of their studies, including their limitation to 20 hours of work per week and their need to undertake a second International English Language Testing System (IELTS) test.

The educational outcome for international students is a prime consideration underpinning the current student visa regulations, including the work limitation.

International students, particularly those for whom English is a second language and who may be adjusting to a new culture and way of life, may experience difficulty working in excess of 20 hours per week and still achieve the educational outcomes they expect. Work limitations go some way to protecting vulnerable students from the pressures of excessive work commitments which may otherwise be prejudicial to their studies.

In regards to the need for international students to undertake a new IELTS test for the purposes of their GSM application, while there are cases where overseas students who demonstrated they had competent English prior to studying in Australia have since further developed their English language skills, there are also cases of students whose English language skills have declined since arriving in Australia and studying for two years. Accordingly, the majority of students applying for GSM are required to sit an IELTS test which provides an independent determination of a student's current English language ability.

You are also concerned that the current requirements for GSM make it difficult for international students to apply for permanent migration. It is important to note that Student visas are aimed at achieving an educational outcome. GSM on the other hand is predominantly driven by the labour market needs of Australia. While some overseas students make a decision to apply for permanent residence upon completing their studies, this is an entirely separate process from applying for skilled migration and there is no guarantee that, on the basis of having held a Student visa, a person will meet the requirements to be granted permanent residence.

The criteria for grant of GSM visas can and will change in response to the changing economic circumstances of Australia. All applicants seeking to be granted a permanent GSM visa must meet the relevant criteria set out in the migration legislation.

A key feature ofthe migration program is that it is continually reviewed and assessed for its relevance and outcomes in light of the economic and social needs of Australia. The program is modified as these needs change. Where appropriate, the Government does seek to involve relevant stakeholders in developing and implementing changes to the migration program. You may be interested to know that there was recently a public consultation process seeking comment on the GSM Points Test Review Discussion paper.

Thank you for bringing these matters to the Minister‘s attention. 

I trust this information is helpful.

Yours sincerely

Peter Speldewinde (signed by someone else)
Assistant Secretary
Labour Market Branch

Some responses:

• The people doing the assessments for most of the occupations on the Skilled Occupations List are VETASSESS, who are a general vocational education assessment organisation. It is not a specialised industry-specific agency. They do not consider work experience as part of your assessment, only your degree.
• They are still conflating "occupations" with "skills", not realising that a lot of skills can be transferred across job titles and occupations.
• You can still only choose one "occupation" no matter how skilled you are
• Limiting international students' hours to 20 a week isn't going to protect them from vulnerability - it's just going them a chance at a job. Also, some employers have purposely not selected international students due to the work visa. It's their choice whether they want to work extra house or not- wjy the paternalistic attitude?
• Students don't stay students forever. While they're on a bridging visa, how are they going to get the help they need? Isn't it irresponsible to make students go through all the expense and hassle to get a pretty Aussie-specific education, and then not support them after graduation?
• Why do ESL students have to re-probe their English skills? Surely if they passed an Australian degree their English levels should be fine.

Comments

1. Duh, you think we want some third world refugee to flood our beloved Australia? Think a moment, why should we pay for your education? What makes you so special.

   — Katie · May 25, 07:22 PM · #

2. Racism, ladies and gentlemen.

   — Tiara Shafiq · May 25, 07:24 PM · #