At a Glance
- Skilled migration is governed by specific occupation lists, which determine eligibility for visa applications.
- The ANZSCO framework classifies occupations and sets the standards for skills assessments.
- Pathways include independent, state-nominated, and employer-sponsored streams.
- Occupation lists are updated periodically to reflect the Australian labour market's needs.
- Points-based visas require a high score across age, English proficiency, and experience.
Understanding the Occupation Lists
The Australian government uses several lists to manage the intake of skilled migrants, ensuring that the migration program addresses genuine skill shortages. The three primary lists are:
- Medium and Long-term Strategic Skills List (MLTSSL): This list includes high-demand occupations that offer pathways to permanent residency, such as Engineers, Nurses, and IT Professionals.
- Short-term Skilled Occupation List (STSOL): These occupations cater to regional or temporary needs, often requiring state nomination or employer sponsorship.
- Regional Occupational List (ROL): Specifically designed to encourage migration to regional areas outside of major cities like Sydney, Melbourne, and Brisbane.
Eligibility for a specific visa, such as the Skilled Independent visa (subclass 189) or the Skilled Nominated visa (subclass 190), depends entirely on which list your nominated occupation appears on.
The Role of ANZSCO and Skills Assessments
Every skilled visa application begins with the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This system provides a detailed description of the tasks, qualifications, and experience required for every role.
Before lodging a visa application, most applicants must obtain a positive skills assessment from a relevant authority, such as Engineers Australia or the Australian Computer Society. The assessment body verifies that your qualifications and work experience meet the Australian standard for your nominated ANZSCO code. Discrepancies between your actual duties and the ANZSCO description can lead to a refusal, making the initial classification a high-stakes decision.
Key Visa Pathways
The Points-Based Stream (Subclasses 189, 190, and 491)
These visas are for individuals who are not sponsored by an employer but are invited based on their "points" score. Points are awarded for:
- Age: Maximum points are generally awarded to those between 25 and 32.
- English Language: Superior English can provide a significant points boost.
- Work Experience: Both overseas and Australian experience are counted differently.
- Education: Higher degrees and Australian study provide additional advantages.
Employer-Sponsored Stream (Subclasses 482 and 186)
The Temporary Skill Shortage (TSS) visa (subclass 482) allows employers to address labour shortages by bringing in genuinely skilled workers. Under recent legislative changes, such as those following the Migration Amendment (Giving Documents and Other Measures) Regulations, the pathway from temporary sponsorship to permanent residency (subclass 186) has become more accessible for a wider range of occupations.
Practical Case Example: The Software Engineer's Journey
Consider the case of Amit, a Software Engineer (ANZSCO 261313) currently on a temporary visa. Amit’s occupation is on the MLTSSL, which opens several doors. He initially applied for a Subclass 482 visa through his employer. However, noticing his high points score due to his age and "Superior" English test results, he also submitted an Expression of Interest (EOI) for a Subclass 190 state-nominated visa.
By strategically monitoring the state's specific "Migration Tasmania" or "NSW Skilled" lists, he identified that his specific niche was in high demand. This dual-track approach, utilising both employer sponsorship and state nomination, maximised his chances of securing permanent residency when the employer-sponsored processing times lagged.
A Lawyer’s Perspective: Common Pitfalls
In our practice, we often see applicants fail because they choose an occupation code that sounds right but does not match their daily tasks. The Department of Home Affairs and skills assessment bodies look at the substance of the role, not just the title.
Another frequent issue is the "expiry" of documents. Skills assessments and English language tests have different validity periods for migration purposes compared to their general use. Applying with an expired assessment is a fatal error that cannot usually be rectified once the invitation is issued.
Key Takeaways
- Choosing the correct ANZSCO code is the most critical step in the process.
- Different occupation lists offer different pathways to permanent residency.
- The points-based system is highly competitive: every point counts.
- Legislative changes frequently alter the viability of certain visa subclasses.
Frequently Asked Questions
What is the minimum points score required for a skilled visa?
While the statutory minimum is 65 points, the actual "cut-off" for an invitation is often much higher, depending on the competitiveness of your occupation.
Can I change my nominated occupation after submitting an EOI?
You can update your Expression of Interest (EOI) at any time before receiving an invitation, but you must ensure you have a valid skills assessment for the new occupation.
Is the Priority Migration Skilled Occupation List (PMSOL) still in effect?
The government periodically replaces or retires specific priority lists. It is essential to check the current Ministerial Directions which dictate which occupations receive priority processing.
Does my work experience have to be exactly the same as my degree?
Not always, but there must be a strong logical link. Assessment bodies have specific "skilled date" requirements that determine how many years of experience can be counted after your qualification.
Can I include my de facto partner in my skilled visa application?
Yes, provided you can prove a genuine and continuing relationship for at least 12 months, or have registered your relationship under state law.
How We Can Help
We provide comprehensive support for skilled migration, including:
- Determining the most advantageous ANZSCO code for your background;
- Managing the complex skills assessment process with relevant authorities;
- Calculating your points and identifying strategies to increase your score;
- Preparing and lodging Expressions of Interest (EOI) and state nomination applications;
- Guiding employers through the sponsorship and nomination obligations.
Skilled migration is a long-term investment. Our role is to ensure that your pathway is built on a solid legal and strategic foundation.
