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Pre-Migration: Skills Recognition

Temporary and Permanent Visa Applicants -
The Skills Recognition Migration Process
In the pre-migration stage, the assessment of overseas skills is an integral part of the current migration selection process for many applicants applying for migration to Australia.

The current migration program is divided into three broad categories comprising visa classes and subclasses:

• The skilled category (independent) - In this category, usually only the principal applicants, that is the breadwinners, are required to have their qualifications and skills assessed, which involves proving their nominated skilled occupational classification. The assessment is not required for spouses and other dependents, even if of working age and with qualifications and skills of their own
• The family skilled reunion category (sponsored) - In the concessional family component, which includes non-dependent children, parents of working age, who do not meet the 'Balance of Family' test, brother or sister and niece or nephew, usually, only the principal applicants, that is the bread-winners, have their qualifications assessed. In the preferential family component, which includes spouses, fiance(e)s, dependent children, parents who meet the 'Balance of Family' test, last remaining sibling or non-dependent child, no applicants are required to have their qualifications assesses as part of the migration selection process
• The refugee/humanitarian category - No applicants in this category are required to have their qualifications assessed as part of the migration selection process

Outright, for more efficient processing and timelier outcomes, independent permanent skilled migration is preferred whenever possible following the pre-migration assessment stage, as an applicant is not being sponsored by a State/Territory Government body or by an Australian relative, nor involves the two stage path to acquiring possible permanent residence status.

However, because of the Government's increasing focus on skilled intake, its effort to streamline the Immigration Department's own processing of applications, and to reduce litigation if the Department were to entirely assess skills itself (as it did in the past), all migrants who must first have their skills assessed are not assessed by the Department of Immigration, but by outside bodies as part of the pre-migration selection process, before they can actually apply for their intended visa.

This has meant processing times have cut back from the old days when the Immigration Department assessed applicants. It was not unusual to have applicants waiting for 3 to 4 years, to now generally less than 18 months, to four to six months, or less, depending on when applied, how handled, and the type of visa sought.

This shifting of responsibility though from the Department to external bodies raises integrity issues in questioning the basis of any decision made when no independent right of review exists for aggrieved applicants during the pre-migration stage of the immigration process.

Further, pre-migration skilled assessed applicants must be careful when selecting an appropriate skilled occupation. The Pass Mark and Skilled Occupations Lists are subject to frequent change and may adjust between time of actual visa application and decision.

The recent 'Employment Experience' factor is also technical in nature often requiring an applicant to have worked in a closely related occupation to that nominated or relying on another occupation unrelated and on the Skilled Occupation List. The skill assessing bodies do not holistically advise prospective applicants.

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