In a recent address to the Law Council of Australia's Immigration Lawyers Association on 11 March 2011, the Australian Minister for Immigration and Citizenship, Mr Chris Bowen, detailed his outlook on Australia’s current migration program, in particular skilled migration, the changes this system has and will undergo, and the integral role immigration will play in Australia’s future prosperity.  

The Australian Minister for Immigration affirmed that visas for skilled migration constitute the majority of visa grants issued by Australia each year for immigration purposes. He stated that it was time to take stock of the Government’s recent reforms to Australia’s temporary and permanent migration programs, and consider how they position Australia to meet long term structural challenges. 

The Immigration Minister praised Australia’s comprehensive and responsible immigration program, stating that skilled migration improved the well being of all Australians by “… keep(ing) the engine room of the economy running so that we all benefit from increased output and improved living standards.”

Australia's Growth Sectors:

The Minister for Immigration estimated that approximately $380 billion worth of resource projects were currently in the pipeline across Australia, an amount equivalent to more than one quarter of Australia’s GPD annually. 

The service sector includes occupations in health care, education, and social work, and now accounts for over three quarters of Australian employment. It is predicted that growth in the services sector will continue to outstrip growth in the resources sector over the coming decade.

Minister Bowen observed that despite the Government heavily investing in local skills training for these sectors, there was still a need for foreign workers in Australia because there are simply not enough skilled Australian workers willing or able to fill the available positions.

The Minister for Immigration believes that because skilled migrants help Australian businesses operate at their maximum potential, “…it is crucial that businesses who genuinely need workers can find them - and that the contribution that these businesses make to our economy, and our overall economic wellbeing, isn't constrained as a result.”

Australia's Ageing Population:

One of the main reasons for this is Australia’s ageing population, which is presenting significant problems for the future of Australia’s workforce. Bowen acknowledged that the projected costs of Australia’s ageing population “…pose(d) significant challenges for Australia's economic growth, long-term fiscal outlook (and) living standards.”

Recent Reforms To Australia’s Migration Program:

In early 2008, the Australian Government initiated a series of reforms to Australia’s skilled migration program.

During his address to the Law Council, the Minister for Immigration stated that the primary aim of these reforms has been to ensure Australia’s skilled migration program is driven by labor market demand, and prioritizes those visa applicants who are nominated by an employer or who have skills in demand in Australia.

He said the reforms were aimed at “… positioning Australia to meet the long term structural challenges of an ageing population and building enough flexibility into the system to allow employers to respond to short to medium term pressures.”

Skilled Occupation List (SOL): 

The Minister for Immigration pointed to the introduction of the New Skilled Occupations List (SOL) in July 2010 as evidence of such reforms. The SOL identifies which skills are required in Australia in the medium to long term, and then prioritises visa applications according to the applicant’s relevant skills and the need of such skills in Australia. 

Minister Bowen believes these recent reforms have been important in attracting the right kind of skilled worker to Australian shores. He said, “With only a limited number of places available, the changes are designed to ensure that priority is given to potential migrants with skills of the highest value to Australia.”

The Australian Skilled Migration Points Test: 

The Minister for Immigration also referred to the introduction of a New Skilled Migration Points Test for independent skilled migrants, due to commence on the 1st July 2011. He stated that the New Points Test will be favourably weighted towards applicants who are highly experienced, well trained and who will add to Australia’s productivity.

The New Points Test will also afford applicants for Australia’s employee-sponsored visa categories an increased chance of success, by expanding the allocation of visa places available to this group. 

Regional Sponsored Migration:

In his address, the Australian Minister for Immigration cited data indicating that there has been a 400% increase in the number of skilled migrants settling in regional Australia over the past decades, claiming that this demonstrates that skilled migration is indeed having a positive impact on development in regional areas within Australia. 

Traditionally, it has been a problematic exercise for regional employers to attract and retain skilled workers. To address this, the Government introduced a Regional Sponsored Migration Scheme, along with State Migration Plans, which are “…aimed at addressing regional skill shortfalls…” and at providing specific pathways for new skilled migrants to settle in regional Australia.

State Migration Plans:

The Minister for Immigration said during the address that the diversity of the Australian labor market, and the fact that it encompassed many different economic activities, meant that often there was an excess of certain skills in some areas while there was a shortage in others.

He said that State Migration Plans provided a focused solution to this problem, because they specify which skills each state and territory needs, and give an overall number of visa applications each state and territory are permitted to nominate to fill those positions. 

In addition, the Australian Government's continued focus on ensuring migrants are meeting employers' needs encourages people go to where the jobs are - matching supply with demand,” Bowen said.

Family Stream Migration:

Minister Bowen also called the councils attention to the important social benefits imparted through Australia’s Family Migration Program, which comprises around 30% of Australia’s overall annual intake of permanent migrants.  

The Minister for Immigration noted that Australia’s Family Migration Program remained entirely consistent with the Government’s skilled migration agenda, citing data indicating that partners of primary visa holders often undertook work in key labor market areas while in Australia. The workforce participation rate for partners of visa holders in Australia was 70%, well above the Australian average.  

Simpler Australian Immigration Procedures:

Minister Bowen’s address to the Law Council made reference to a simplification of Australia’s immigration and visa system, which currently comprises of multiple and often confusing visa categories and subclasses, extensive form lodgments and long waiting periods.  

The Australian Minister for Immigration said, “The project objective is to streamline the visa application process by delivering fewer and simpler visa products, and consistent application and assessment processes. There will be fewer application forms across a broader range of lodgment options.”

He said, “Our immigration program has been an integral part of our economic and social success in recent decades. The continued reform of our immigration system will ensure that it continues to make the maximum possible contribution to our economy.”

Migration Agents’ Registration Authority (OMARA) Register to now Include details of Migration Agents who hold a Legal Practising Certificates.

Is is noteworthy that the Australian Immigration Minister's address coincided with the recent decision by the Department of Immigration and Citizenship to include a search function on their OMARA website to allow prospective Australian visa applicants seeking immigration assistance to easily identify Australian registered Migration Agents who are also Australian immigration lawyers.  

With a significant difference in qualifications, training and ethical obligations between an immigration lawyer and a Migration Agent, the Law Council of Australia welcomed the Department of Immigration's decision.