Amendment to the skills assessment criterion for certain onshore GSM applicants nominating a trade occupation from 1 January 2010

From 1 January 2010, as part of the skills assessment process for certain onshore GSM applicants who nominate a trade occupation, applicants will be required to demonstrate that they are ‘job ready’. This new requirement will be assessed through the Job Ready Program (previously referred to as the JobReady Test). The Job Ready Program has been developed by the relevant assessing authority, Trades Recognition Australia (TRA), in consultation with industry and unions and will include a workplace assessment by a TRA approved assessor.

The new job ready requirement will ensure that people who wish to migrate to Australia as skilled migrants in trade occupations are able to participate in the labour market in the area of their skills and knowledge. Applicants nominating a trade occupation who apply for certain onshore General Skilled Migration (GSM) visas on or after 1 January 2010 will be required to meet the job ready requirement as part of the skills assessment process. This requirement will enhance current skills assessment arrangements for onshore applicants and complement the existing offshore assessment processes.   

Which occupations and visas will be subject to the new job ready requirement?

 

 

Applicants wishing to migrate to Australia under one of the below visa subclasses and in an allowable trade occupation will be required to satisfy the Job Ready Program’s requirements as part of the skills assessment process. This requirement will apply for applications lodged on or after 1 January 2010.

 

 

Visa subclasses

 

 

The following visa subclasses are subject to the job ready requirement:

 

 

1. Skilled – Independent (Residence) Visa (Subclass 885)
2. Skilled – Sponsored (Residence) Visa (Subclass 886)
3. Skilled – Regional Sponsored (Provisional) Visa (Subclass 487)

A list of trade occupations available under the GSM program is available on the department’s website. 

 See: Form 1121i Skilled Occupation List (SOL) and Employer Nomination Scheme Occupation List (ENSOL)

What is the purpose of the job ready requirement?

 

 

A key aim of the GSM program is to provide ‘job ready’ applicants to Australian employers. Job ready migrants are more likely to find employment quickly, which leads to improved settlement outcomes for them.

Assessment through the Job Ready Program ensures that applicants for skilled migration have the skills and knowledge to perform their nominated occupation within the Australian workplace.   

Frequently asked questions

How do I find out if my trade occupation requires me to satisfy the job ready requirement?

 

To determine if your occupation requires you to be assessed under the job ready requirement, that is, the Job Ready Program, you can refer to Form 1121i.

 

 

See: 

Occupations listed as Tradespersons and related workers that are in the Skilled Occupation List (SOL) are required to meet the new requirement. You may also wish to contact the relevant assessing authority for your occupation to determine what is required as part of your skills assessment.  

I lodged my General Skilled Migration (GSM) visa application for permanent migration before 1 January 2010 and have not yet received my skills assessment. Am I required to meet the job ready requirement?

 

 

No. If your application was lodged before 1 January 2010, you are not required to meet the job ready requirement as part of your skills assessment provided your application is for a permanent GSM visa. The requirement applies to applications lodged on or after 1 January 2010 only.

 

 

I am currently on a Subclass 485 visa and have not yet applied for a permanent GSM visa. Will I be required to meet the job ready requirement as I already hold a suitable skills assessment obtained when applying for my Subclass 485 visa?

 

 

If you currently hold a Subclass 485 visa but have not applied for a permanent onshore GSM visa by 1 January 2010, you will be required to obtain a new skills assessment which demonstrates that you are job ready if applicable to your occupation. This will be the case if your trade occupation requires you to provide a skills assessment dated on or after 1 January 2010.

If you are not required to submit a skills assessment dated on or after 1 January 2010 as it is not required for your occupation, you are able to submit an existing skills assessment should you wish to do so.

 

Why do I need to submit a skills assessment dated on after 1 January 2010 if I am required to meet the job ready requirement?

 

 

You will need to provide the department with a skills assessment dated on or after 1 January 2010 if you are required to meet the job ready requirement to ensure your skills have been assessed as ‘job ready’. Skills assessments issued prior to 1 January 2010 have not been assessed against the job ready requirement, while those issued after 1 January 2010 do. 

  

 

 

I am in a trade occupation and applying for an onshore GSM visa (Subclass 487, 885 or 886). Will I be required to meet the job ready requirement from 1 January 2010?

 

 

Yes. If you are nominating a trade occupation, you will need to meet the job ready requirement as part of your skills assessment from 1 January 2010. Applicants who are not applying for a trade occupation will not be required to do so.

 

 

I am applying in a trade occupation through one of the offshore GSM visas. Will I need to satisfy the job ready requirement as part of my skills assessment?

 

 

No. If you are applying for an offshore GSM visa, you will not be required to satisfy the job ready requirement as part of your skills assessment. However, if your occupation is a trade occupation, you will no longer be able to apply to migrate to Australia under the GSM program based on meeting the Australian study requirement. Instead, you must have at least 12 months of work experience in a skilled occupation within the 24 months before you apply in order to qualify for a visa grant.

More information can be found on the department’s website.

 

See: 

How does this affect me making an application for a Subclass 485 visa?

 

 

Applicants for a Subclass 485 visa are unaffected by the introduction of the job ready requirement. Applicants for a Subclass 485 visa will still be required to obtain a skills assessment from the relevant assessing authority before the Subclass 485 visa can be granted. For trade occupations, TRA will still issue skills assessments suitable for applying for a Subclass 485 visa.

 

 

Does this mean my old TRA skills assessment is no longer valid?

 

 

The changes only affect the requirements for the onshore permanent GSM visas in trade occupations. TRA assessments conducted before 1 January 2010 would continue to satisfy the requirements for the onshore lodgement of an application for a Subclass 485 visa, as well as for applications for Subclass 175, 176 and 475 visas. The assessments would also satisfy the department’s requirements for any of the employer sponsored category of visas.

 

 

Where I can find more information regarding the skills assessment process and the Job Ready Program?

 

 

Information regarding the skills assessment process and the Job Ready Program itself should be directed to the relevant assessing authority. For trade occupations, the relevant assessing authority is Trades Recognition Australia.

 

 

See:  Trades Recognition Australia   

Changes to Offshore GSM Applicants Seeking to Meet the Australian Study Requirement from 1 January 2010  

 

 Form 1121i Skilled Occupation List (SOL) and Employer Nomination Scheme Occupation List (ENSOL)  

 

 

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ATO warns SMSFs to keep deals at arm’s length

The Australian Tax Office has issued a warning to self-managed super funds (SMSFs) about people offering to set up agreements between funds and related parties to purchase assets, particularly properties.

Tax Commissioner Michael D’Ascenzo says he’s concerned some of the arrangements on offer breach the in-house asset rules.

“These arrangements use a paid third party to set up an agreement, sometimes referred to as ‘a joint venture agreement’, between the fund and a related trust to purchase an asset that provides income for the trust and the fund,” D’Ascenzo says.

“This is clearly an attempt to circumvent the in-house asset rules as the transaction is really an investment by the SMSF in the related trust.”

“This alert serves as a timely reminder to trustees that we’re looking closely at SMSFs to ensure they’re meeting their obligations in relation to loans, in-house assets, borrowings and non-arm’s length transactions.”

The Taxpayer Alert (2009/16) on this issue is available from the Tax Office website at www.ato.gov.au/atp.

Source  :  www.apimagazine.com.au

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