What Occupations can be included on State Migration Plans?

Australian State and Territory Governments are able to select occupations to sponsor for from the Schedule 4 Skilled Occupation List (SOL). 

Each State will be required to justify their chosen occupations with detailed research as to the demand for that occupation in the particular State before they will be included on the list. An additional 100 places will be available for Off-List Nominations for each State to use if they choose.   These occupations will not have to be specified in the State Migration Plan list or negotiated with the Department of Immigration and Citizenship but must still be from the Schedule 4 SOL.  You can view the full Schedule 4 SOL by taking our Subclass 176 online visa eligibility assessment.  Our list has been categorized for ease of searching and can be ordered alphabetically by occupation or numerically by ANZSCO code.

What are Off-List Nominations?

The State Migration Plans can allow for up to 100 Off-List Nominations per State or Territory.  These nominations are confined to be in respect of occupations from the Schedule 4 SOL but do not have to be justified with research or negotiated with the Department of Immigration & Citizenship (DIAC) for sponsorship.  Current indications are that not all State and Territory Governments intend to offer Off-List Nominations and until the State Migration Plans are released it cannot be confirmed if these off list nominations would attract Priority Level 2 processing.

My occupation is on the Schedule 3 SOL.  Should I apply now for a Subclass 175 visa or wait for the release of the State Migration Plans and apply for the Subclass 176 visa?

Processing timeframes estimate applications sponsored by a State Government under a State Migration Plans will be processed substantially faster that a Subclass 175 visa application.  If you lodge a Subclass 175 visa after 1 July 2010 and later find your occupation is included on a State Migration Plan, you would have to lodge a fresh visa application for the Subclass 176 application after you received State Sponsorship.  A fresh application means paying a new visa application fee of AU$2,575.00. This is because new laws effective from 1 July 2010 require that Applicants have State Sponsorship at the time of lodgment of a Subclass 176 visa application.  This is a substantial change to the legislation as prior to 1 July 2010 it was very common for applicants to lodge their 175 application and effectively upgrade to a subclass 176 visa after obtaining State Sponsorship.  It is no longer possible to do this for applications lodged after 1 July 2010.

I have State Sponsorship approval but it was not lodged under a State Migration Plan – what happens to my application?

Your application will still be processed as a Subclass 176 sponsored application so that you will receive State Sponsorship points and only be required to meet the lower pass mark.  Unfortunately the new priority processing guidelines released on 14 July 2010 mean that your State Sponsorship no longer entitles you to higher priority processing as it was not approved under a State Migration Plan.  The good news is that when the State Migration Plans are released, if you have been State Sponsored for an occupation which is subsequently included on the Plan, you will receive priority level 2 processing. Until then, your application will be prioritized the same as all other applications, that is, if your nominated occupation is on the new Schedule 3 SOL it will be Priority Level 3 and if not, it will be lowest priority level 4 (see New Priority Processing Guidelines).

Some State and Territory Governments are accepting applications before the State Migration Plans are implemented, should I lodge my visa application for the Subclass 176 visa based on this sponsorship?

There is no certainty your occupation will be included on the State Migration Plan once it is implemented.  If not included, then your application will be treated like any other application, that is, Priority Level 3 if it is on the new Schedule 3 SOL.  If it is not on the new SOL then it will be given Priority 4 processing status.

What preparations can I make while waiting for the release of the State Migration Plans?

If you have an occupation on the New Schedule 3 SOL but are awaiting of the release of the State Migration Plans before lodging, you should ensure that all of documentation is ready so you can be among the first to lodge.  This would include your skills assessment completed, English testing and gathering all of your supporting documentation. 

You may wish to consider our Premium Skilled Migration Service which provides you with a Step-by-Step  guide to preparing your skills assessment and visa application and is specifically tailored to your individual circumstances by our experienced MARA Registered Australian Immigration Lawyers.  The service also gives you 30 days to email any queries and a free 30 minute telephone conference with your nominated lawyer who prepares your guide.

Coming Soon - NEW STATE SPONSORSHIP ASSESSMENT TOOL!  We have developed a State Sponsorship Assessment tool which will be available on our web-site as soon as the State Migration Plans are released.  Prospective Australian visa applicants can use our State Sponsorship Assessment to find out instantly if their nominated occupation is available for sponsorship on any of the State Migration Plans.

Don't forget to subscribe to our FREE Australian Immigration Newsletter to be notified when the State Migration Plans are released and to find out when our State Sponsorship Assessment is available for use.

The above information is not a substitute for legal advice based on our lawyers receiving your detailed instructions and considering your specific circumstances.  Please don’t hesitate to contact us for a specific advice if you have any queries regarding the above matters.

Haag Walker Lawyers welcomes direct links to our web-site, however, this article is subject to © copyright and cannot be reproduced in part or whole without the prior written consent of Haag Walker Lawyers.

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