Frequently Asked Questions

How will I be affected by the introduction of a new Skilled

Occupations List?
Why is a new list of occupations being introduced?

On 17 May 2010, the Minister for Immigration and Citizenship, Senator Chris Evans, announced a list of
occupations that would form a new Skilled Occupations List (SOL). The new list of occupations is one of
a suite of initiatives which were announced by the minister on 8 February 2010 and reflect the Australian
Government’s commitment to a labour market demand-driven skilled migration program.

The Minister will be recommending that the Governor-General in Council make amendments to the
Migration Regulations 1994 to give effect to the framework in which this new list would be applied.
The new list is proposed to take effect from 1 July 2010.

The new list is specific to the general skilled migration (GSM) program and does not apply to employer-
sponsored permanent or temporary visas. The list is available on the Department of Immigration and
Citizenship’s (DIAC) website at: http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

Employer-sponsored migration matches primary migrants directly to jobs in Australia, making it the best
method to ensure the labour market gets the skills it needs now. Because of this, the number of places
available to independent skilled migrants in the skilled migration program is expected to fall as the
number of places available for employer-sponsored skilled migrants increases. It is therefore important
that the smaller number of independent skilled migration places that are available are filled by migrants
with skills that are critical to Australia’s economic development in the medium to long term. The new list
of occupations identifies these skills.

The new list (based on the Australian and New Zealand Standard Classification of Occupations, or
ANZSCO) identifies occupations that reflect the high value, nation building skills Australia needs – skills
that take time and diligence to acquire, that are put to the use intended, and where the cost to the
economy and local communities of the skill being in short supply is great.

How were occupations chosen to be included on the new list?

The list of occupations is based on advice provided by Skills Australia. Skills Australia is an independent
body that was established by the government to provide expert and independent advice on matters
relating to Australia’s current, emerging and future workforce skills and workforce development needs.

In providing advice on what occupations are likely to be in medium to long-term need, Skills Australia
assessed occupations to determine whether:

• the occupation is a skilled occupation, based on the skill level and lead time necessary to develop the
required skills;

• the skills are deployed for the use intended, in other words there is a good occupational ‘fit’; and

• the opportunity cost of the skills being in short supply is high, i.e. causing either bottlenecks or
imposing significant economic or community costs.
Skills Australia used a combination of economic data, labour market data and detailed information to
identify those occupations which will target Australia’s skilled migration program towards skilled migrants
who will deliver high value skills.

Why is the new list smaller than the current SOL?

The new list is smaller as it is intended to deliver a GSM program that is more tightly focused on high
value skills that would assist in addressing Australia’s future medium and long-term skills needs.

Skills needed by the labour market in the short term can be filled through sponsored migration categories
such as the temporary business long stay visa, the permanent employer nomination scheme and
regional sponsored migration scheme. More information on these visa categories is available on the
department’s website at: http://www.immi.gov.au/skilled/skilled-workers/

How long would this new list be in effect?

It is intended that the new list of occupations would be updated annually, and would change in
accordance with the needs of the Australian labour market. While the new list would be expected to stay
relatively stable, there is no guarantee how long a particular occupation may remain on it.

Who would the new list apply to?

It is intended that the new list would apply to all new GSM applications made from the date of
implementation, except where transitional arrangements are likely to be provided for. Subject to the
approval of the Governor-General in Council of amendments to the Migration Regulations 1994, it is
intended that a new SOL would come into effect from 1 July 2010, along with the transitional provisions
detailed below.

Are there any proposed transitional arrangements?

The government recognises that the introduction of a new SOL would affect some international students
who are currently studying in Australia and who intend to apply for a permanent residence visa at the
completion of their studies.

For this reason, subject to the approval of the Governor-General in Council of the proposed legislative
amendments, it is intended that a number of transitional arrangements would be introduced to minimise
the impact of this change on international students.

It is proposed that the new list of occupations would not apply to any valid GSM applications already
lodged before the date of implementation. It is also proposed that it would not apply to people who, on
8 February 2010:
• held a subclass 485 (skilled graduate) visa or
• had a pending subclass 485 visa application
and who apply for a provisional or permanent onshore GSM visa before 31 December 2012.
Further, it is intended the new list of occupations would not apply to international students who, on
8 February 2010 held:
• a subclass 572 (vocational education and training sector) visa;
• a subclass 573 (higher education sector) visa; or
• a subclass 574 (postgraduate research sector) visa.
when they apply for a subclass 485 (skilled graduate) visa before 31 December 2012.

This would enable these students to remain in Australia for 18 months on the temporary skilled graduate
visa after the completion of their studies to gain valuable work experience and the opportunity to secure
an employer or state/territory government to sponsor them.

Subject to the approval of the Governor-General in Council, the government intends to establish these
very generous transitional arrangements to allow most overseas students affected by this change time to
remain in Australia temporarily while considering their options. If they cannot meet the requirements for a
further visa to allow them to stay in Australia, they would be expected to leave Australia.

Further information is available on the department’s website at:

http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

Australia has a well deserved reputation for the delivery of quality education and training. Student visas
allow people to come to Australia on a temporary basis for a specified period to undertake study at an
Australian educational institution. While some students may choose to apply for migration on completion
of their studies, there is no guarantee that a student would be eligible for skilled migration simply on the
basis of having completed an Australian qualification.

Would there be alternative pathways to migration for people who do not have skills that qualify
them for an occupation that is on the new list of occupations?

People who do not meet the proposed new requirements for independent skilled migration may wish to
consider their eligibility for alternative migration pathways, such as through employer or state/territory
sponsorship. More information is available in a fact sheet on the department’s website at:
www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

I am an employer. Would the reduction in the number of occupations on the new list affect my
ability to attract skilled migrants who can deliver the skills I need?

No. The range of skilled occupations in which employers can sponsor workers from overseas has not
been changed. These occupations are on the Employer Nomination Scheme Occupation List (ENSOL).

If you are an employer who needs skilled labour quickly, employer-sponsored migration may be the best
option for you as it provides for the recruitment of skilled workers for a large number of occupations. A
pathway to employer-sponsored migration exists where there is a demonstrated need for workers in that
occupation which cannot be met through domestic employment and training initiatives. More detailed
information on employer-sponsored migration is available on the department’s website at:
www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm
I lodged an application for a GSM visa before the minister announced the new list of occupations.
Would I be affected by these proposed changes?

Any pending GSM visa applications lodged before the new list of occupations comes into effect would
not be affected by this change.

If I lodge an application for a GSM visa before the new list of occupations comes into effect,
would I be affected by these proposed changes?

If you are able to meet all the requirements for an onshore GSM visa and lodge an application before the
new list of occupations comes into effect, you will not be affected by this change. Please note, however,
that applications for certain GSM visas have been temporarily suspended from 8 May 2010 until the new
SOL is introduced. For more information on the temporary suspension, please see the department’s
website at:
www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

I am an international student who was planning to apply for a GSM visa in Australia at the
completion of my course of study. My intended occupation is on the new list of occupations.
Would I be affected by these proposed changes?

You would be eligible to lodge an application for a provisional or permanent GSM visa that can be
granted in Australia if your nominated occupation is on the SOL that is in effect at the time you apply,
provided that you also meet the other criteria applicable at the time you apply.

Please note, however, that even if your nominated occupation is on the list of occupations announced on
17 May 2010, this does not guarantee that it will also be on the list that is in effect at the time you
complete your studies and wish to apply for a GSM visa. While the new list can be expected to remain
relatively stable, it is intended that it will be reviewed annually to ensure it continues to be targeted at
those skills Australia needs in the medium to longer term.

I am an international student who was planning to apply for a GSM visa at the completion of my
course of study. My intended occupation is not on the new list of occupations. Would I be
affected by the proposed changes?

You would not be eligible to apply for a permanent or provisional GSM visa unless your nominated
occupation is on the SOL that is in effect at the time you seek to lodge your application.

However, it is proposed that if on 8 February 2010 you held a subclass 572 (vocational education and
training sector) visa, a subclass 573 (higher education sector) visa or a subclass 574 (postgraduate
research sector) visa, you would still be able to apply for a subclass 485 (skilled graduate) visa. This is
intended to be the case even if your nominated occupation is not on the new list of occupations, provided
that you apply before 31 December 2012 and nominate an occupation that is on the current SOL. The
current SOL contains more than 400 occupations and is available on the department’s website at:
http://www.immi.gov.au/allforms/pdf/1121i.pdf

This would allow you to gain valuable work experience in Australia and the opportunity to secure an
employer or a state/territory government sponsorship.
It is proposed that if you held one of the eligible student visas as at 8 February 2010 and you wish to
apply for a permanent GSM visa that can be granted in Australia after the new list of occupations comes
into effect, you would be required to nominate an occupation on that new list. If your nominated
occupation is not on the new list, you may still be able to apply for a temporary or permanent employer
sponsored visa on completion of your studies to allow you to work in Australia. You would be required to
have an employer willing to sponsor you.

More information on employer sponsored visas is available on the department’s website at:
http://www.immi.gov.au/skilled/skilled-workers/

I am an international student who wishes to apply for a GSM visa that can be granted in Australia.
Will the temporary suspension of GSM visas that came into effect on 8 May 2010 affect me?

The temporary suspension applies to all primary (main) applicants for the following visa subclasses that,
with some exceptions, only allow visa grant from outside Australia:
o subclass 175 – skilled independent
o subclass 176 – skilled sponsored and
o subclass 475 – skilled regional sponsored.

If you are an international student who wishes to apply for a GSM visa that can be granted in Australia
the temporary suspension does not apply to you. For more information on the temporary suspension,
please see the department’s website at: www.immi.gov.au/skilled/general-skilled-migration/whats-
new.htm

I am an international student who has completed studies in Australia. I do not meet the proposed
requirements to apply for a GSM visa or any other work visa. Would I have to return home?

The government intends to have in place very generous transitional arrangements to allow most
overseas students affected by this proposed change time to remain in Australia while considering their
options. However, if you cannot meet the requirements for a further visa in Australia, you would be
expected to leave Australia following the completion of your studies.

Australia has a well-deserved reputation for high-quality education and training. We continue to welcome
overseas students, and appreciate the contribution they make to both academic life and the communities
in which they live. However, it must be recognised that a student visa is for studying in Australia and
does not guarantee a permanent residence outcome.

People who are not eligible for independent migration may be eligible to apply for migration in other visa
categories. More information is available in a fact sheet on the department’s website at:
www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm
I was granted a student visa after 8 February 2010. Would I be affected by these proposed
changes?

If you were granted a student visa after 8 February 2010, you would need to nominate an occupation that
is on the SOL in effect at the time you seek to lodge your application for a permanent or provisional GSM
visa, including a subclass 485 visa.

If your nominated occupation is not on the new list of occupations and you intend to lodge a GSM visa
application after it comes into effect, you may still be able to apply for a temporary or permanent
employer sponsored visa on completion of your studies to allow you to work in Australia. You would be
required to have an employer willing to sponsor you.

More information on options for people who may not be eligible for independent skilled migration is available in
a fact sheet on the department’s website at: www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

I am an international student who was on a bridging visa on 8 February 2010 pending a decision
on my further student visa application. Would I be affected by these proposed changes?

If you were an international student who was on a bridging visa on 8 February 2010 pending a decision
on a further student visa application, you will need to nominate an occupation that is on the SOL in effect
at the time you lodge your application for an onshore permanent or provisional GSM visa, including a
subclass 485 visa. In addition, you will have to meet other visa requirements in effect at that time.

If your nominated occupation is not on the new list of occupations and you intend to apply for a GSM
visa, including a subclass 485 visa, after it comes into effect, you may still be able to apply for a
temporary or permanent employer sponsored visa on completion of your studies to allow you to work in
Australia. You will be required to have an employer willing to sponsor you.

More information on options for people who may not be eligible for independent skilled migration is available in
a fact sheet on the department’s website at: www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

Please note that if you held a bridging visa on 8 February 2010 in relation to a subclass 485 application,
it is intended that under transitional arrangements you would be able to nominate an occupation from the
current SOL to apply for a provisional or permanent GSM visa before 31 December 2012. The current
SOL contains over 400 occupations and is available on the department’s website at:
http://www.immi.gov.au/allforms/pdf/1121i.pdf

I was granted a student visa after 8 February 2010 and am studying a course which will not
qualify me for an occupation on the new list. Can I change my course?

While it is possible for you to change your course, you should seek a letter of release from your
education provider if you wish to study at a new institution. Please note that education providers cannot
normally enrol a student who has not finished six months of their principal course of study without the
permission of the student’s current provider.
You must also remember that while the new list of occupations can be expected to remain relatively
stable, it is intended that it will be reviewed annually and may change. There is no guarantee that the
course you change to will qualify you for an occupation that will be on the list of occupations at the time
you complete your studies.

Students are encouraged to undertake study in a field they intend to work in once they graduate. It is
strongly advised that you do not undertake studies with the sole purpose of obtaining a migration
outcome. The student visa process is an entirely separate process to skilled migration and there is no
guarantee that a student will be eligible for skilled migration purely on the basis of having undertaken a
course related to an occupation on the SOL.

Students in Australia should focus on studying what interests them, as there is no formula that
guarantees a permanent visa. Migration rules can and do change. All applicants seeking to be granted
a GSM visa must meet the relevant criteria set out in the migration legislation, regardless of whether or
not they have previously been in Australia.

I held a subclass 485 (skilled graduate) visa, or had a subclass 485 visa application pending, on
8 February 2010. Will I be affected by these proposed changes?

Under the proposed transitional arrangements if you held a subclass 485 (skilled graduate) visa on
8 February 2010, or had a subclass 485 application pending, you would be able to nominate an
occupation that is on the current SOL if you apply for a permanent or provisional onshore GSM visa
before 31 December 2012. The current SOL contains more than 400 occupations and is available on the
department’s website at: http://www.immi.gov.au/allforms/pdf/1121i.pdf

If you wish to apply for a provisional or permanent GSM visa after 31 December 2012, you would need to
nominate an occupation which is on the SOL at the time you seek to lodge your application.

I applied for a subclass 485 (skilled graduate) visa after 8 February 2010 and was subsequently
granted it. Will I be affected by these proposed changes?

If you applied for and were granted a subclass 485 visa after 8 February 2010 and you intend to apply for
a provisional or permanent GSM visa, you will need to nominate an occupation which is on the SOL in
effect at the time you seek to lodge your application.

If your nominated occupation is not on the new list of occupations and you intend to apply for a
provisional or permanent GSM visa after it comes into effect, you may still be able to apply for a
temporary or permanent employer sponsored visa on completion of your studies to allow you to work in
Australia. You will be required to have an employer willing to sponsor you.

More information on options for people who may not be eligible for independent skilled migration is available in
a fact sheet on the department’s website at: www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

Is there a specific contact number that I can use to find out more about the changes?

The department is operating a dedicated phone line to respond to any queries on the new list of occupations.
The contact number is 1300 735 683.