ARTICLE
11 March 2012

Human capital and nation building – the new paradigm in Australia's migration policies

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Holding Redlich

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Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
Australia’s success is due in part to its skilled migration policy, used to bolster economic growth and development.
Australia Immigration

Australia's ongoing success in the face of a world in financial crisis, is due in part to its effective skilled migration policy which has been used to bolster Australia's economic growth and development.

The Australian government continues to refine its policies and programs to better determine how many migrants and which migrants should be admitted to meet Australia's skills needs.

As noted in the "Competing for Skills: Migration Policies and Trends in New Zealand and Australia" "Between 2004/05 and 2008/09, Australia selected 358,151 permanent General Skilled Migration (GSM) migrants, including dependants"1

Since 1999, the majority of GSM applicants have been former international students in Australia, who qualified for permanent resident status on the basis of their formal qualifications, age, English language skills and in some cases relevant work experience.

The top five professions for skilled migrants to Australia have been accounting, computing, architecture/building, engineering and nursing.2

Since the mid 2000s, there has also been strong growth in temporary skilled migration. From 2004/05 to 2008/09 "418,940 arrivals were admitted through the 457 long-stay business visa at this time,"3

Over this period, Australia has moved to a demand driven employer-sponsored skilled migration scheme with 70% of Australia's skilled migrants transitioning from the temporary 457 visa to the employer sponsored permanent skilled migration streams.

As noted in "Competing for Skills: Migration Policies and Trends in New Zealand and Australia" from 2004/05 to 2008/09 58% of 457 visa holders were professionals, 17% were trades, 13% were associate professionals, and 10% were managers and administrators.4

Unlike the GSM stream, 457 temporary workers came predominantly from five major English speaking countries in addition to India.

As part of the ongoing review of Australia's migration program to ensure that it continues to meet Australia's economic and skill needs, the government has continued to innovate. On 1 July 2012 it will introduce SkillSelect, a new skilled migration selection register.

This will allow prospective migrants to express interest in applying for skilled migration to Australia, before they are invited to lodge a skilled migration application.

SkillSelect will be a major change to how Australia manages its skilled migration program. It will enable the government "to manage who is able to apply for skilled migration, when they are able to apply and in what numbers"5, and on the basis that the applicants have skills which Australia needs.

"SkillSelect will also help address regional skill shortages"6. It will allow "intending migrants to indicate they are willing to live and work in regional Australia"7.

"SkillSelect is an online system that will enable skilled workers interested in migrating to Australia to record their details to be considered for a skilled visa through an Expression of Interest (EOI)"8. "All intending migrants interested in independent skilled, family sponsored skilled, state or territory sponsored skilled, or business skills programs will be required to submit an EOI and receive an invitation in order to lodge a visa application"9.

SkillSelect will better enable the government to manage the overwhelming demand for migration to Australia. The level of demand is reflected by the significant revenue that the Department of Immigration and Citizenship continues to raise on an annual basis in visa and related fees. For 2010/2011 it raised $1.137 billion. At the same time, the government has strengthened measures to address concerns in regard to increasing fraud in visa applications through the recent introduction of the public interest criterion 4020.

If a person is invited to apply for a visa, and the information submitted is false or misleading it may be considered fraud, and the application could be refused on that basis. Criterion 4020 if applied means that not only is the visa application rejected but the person is subject to a three year bar preventing them from lodging and having granted to them a further visa.

Despite strong competition from the rest of the English speaking world, Australia's continuing buoyant economy lifestyle and good governance continues to make it a sought after destination for many skilled migrants throughout the world.

Australia's targeted migration policies and programs continue to offer new paradigms in Australia's management of its skilled migration outcomes and in assisting it to meet its human capital needs.

Footnotes

1 International Migration, Settlement & Employment Dynamics 2011 by Professor Lesleyanne Hawthorne, page 3

Executive Summary

2 Ibid, page 5
3 Ibid, page 6
4 Ibid, page 6
5 See DIAC SkillSelect: http://www.immi.gov.au/skills/skillselect
6 Ibid
7 Ibid
8 Ibid
9 Ibid

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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