AMVL News Flash

COAG Moves to Strengthen International Students Sector

Monday, April 12, 2010
Australia’s Minister for Education, Julia Gillard, has welcomed the Council of Australian Governments’ (COAG) agreement of 21 April, 2010, to introduce a range of measures to improve the safety and wellbeing of international students.

The key measures to be implemented include:
  • A central portal to provide students with up-to-date information on personal safety, student support services, housing, workplace rights and other useful information.
  • A national strategy to improve connections between students and the communities they live in.
  • An international student committee to give students a forum to put forward their views on their experiences in Australia.
  • An independent statutory complaints body which will be mandatory for international providers.
  • Taskforces in each state and territory to ensure students are provided with proper support in the event of a provider closure.
The planned improvements form part of COAG’s International Students Strategy for Australia (ISSA).

The agreement is designed to benefit over 434,000 students from 190 countries worldwide who are currently living and studying in Australia. The federal government has already introduced a nationwide audit of providers and a requirement to re-register courses under tighter criteria in effect in 2010.

Ms Gillard said the COAG strategy would complement the findings of the Baird review to ensure Australia remains a world-leader in the international education sector.

The Baird Review into the Education Services for Overseas Students (ESOS) Act was released on 10 March, 2010. It included widespread recommendations for amendment of the ESOS, and a number of supplementary findings designed to enhance Australia’s education reputation and support international students.

The key recommendations of the final review were as follows:
  • That the Migration Act 1958 be amended to add flexibility to the current visa cancellation requirements for students failing to maintain satisfactory course progress; and
  • That ESOS be amended to:
    • Require providers to uphold the integrity of the student visa program and maintain appropriate support, English language entry levels and professional outcomes
    • Only allow providers to maintain registration if they meet a series of thresholds
    • Introduce financial penalties and clear standards
    • Require an independent complaints body
    • Ensure students can accurately compare potential study choices
    • Introduce financial penalties for providers whose offshore agents act unethically
    • Implement a unique identifier for each student
The full text of the Baird Review into the ESOS can be found Here.

You can also view DIAC's Student visa program integrity measures 2009-10 Here.

We will keep you up to date when the final International Students Strategy for Australia is released by COAG in the coming weeks.
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Assessments Under the Australian Skilled Worker Program

Monday, April 05, 2010
With Australia’s skills shortage currently making news, it seems timely to review assessments under the Australian Skilled Worker Program which forms part of the strategy designed to meet some of the skill “gap”.

Applicants seeking a permanent residence visa under the Skilled Worker Program are required to have their skills assessed if applying:
  • from outside Australia;
  • from within Australia but without holding an Australian qualification gained by study in Australia; or
  • under Employer Sponsored Arrangements.

Occupations falling within the skilled worker program are set out in the SOL (skilled occupation list) and ENSOL (employer nominated skilled occupation list) which can be viewed at : http://www.immi.gov.au/allforms/pdf/1121i.pdf . Different occupations will require different assessments and a number of organizations exist to undertake these assessments.

Generally, Trades Recognition Australia (TRA) is the government body responsible for assessing tradesperson occupations. This process involves comparing an applicant’s training and experience with the program’s assessment criteria, which is based on four skills pathways. In addition to assessing the occupation listed on an application, TRA may also assess related occupations that fit an applicant’s particular skill set.

Most applications lodged with TRA are assessed within 30 working days. The progress of applications submitted after December 1, 2008 is also able to be tracked on the TRA website. Applicants will receive an outcome letter from TRA which will, if successful, identify a nominated occupation. If unsuccessful, the letter will provided details of steps applicants can take if dissatisfied with the outcome of the assessment. TRA assessments do not expire and so successful applicants may use this outcome letter to support a visa application at any time.

The VETASSESS Consortium is the major body responsible for undertaking assessments of occupations falling within the spectrum of vocational and education and training (VET). Assessment applications lodged with VETASSESS are usually finalized within 8 weeks, but can take longer in some cases. More information on assessments undertaken by VETASSESS can be obtained from their website : http://www.vetassess.com.au . Governing bodies which oversee professionals within their field will generally provide assessments for occupations within their field. (For example, accountants, architects, engineers, lawyers, the various fields of medical practitioners, etc.)

Evidence of identity, formal training, registration (where relevant) and relevant employment form a necessary part of the application process for every skills assessment. Assessing bodies may also contact applicants to confirm technical competencies where necessary.

To have qualifications formally recognized, licensed or registered within Australia, applicants may have to pursue training, assessment or other testing upon arrival in Australia.

Note that a skills assessment is not required to apply for a subclass 476 (Skilled Recognized Graduate) visa.

Australian Migration and Visa Lawyers can assist with advice on all aspects of identifying and applying for a relevant skills assessment from the appropriate body, for the occupation which best fits your training and experience, and which meets your intended immigration outcomes.

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