AUSTRALIAN IMMIGRATION INFORMATION
1. AUSTRALIAN MIGRATION PROGRAM 2006/07
Approved Planning Levels
|
CATEGORY
|
VISA PLANNING LEVELS
|
|
FAMILY STREAM
|
|
Spouse/ Interdependency
|
37,300
|
|
Child
|
2,500
|
|
Preferential/ Other Family
|
1,700
|
|
Parent
|
4,500
|
|
Total Family
|
46,000
|
|
SKILL STREAM
|
|
Employer Sponsored
|
15,000
|
|
Skilled Independent
|
49,200
|
|
State Regional Sponsored
|
10,000
|
|
Skilled Australian Sponsored
|
17,700
|
|
Distinguished Talent
|
200
|
|
Business Skills
|
5,400
|
|
Total Skilled
|
97,500
|
|
Special Eligibility
|
500
|
|
Migration Program- planning range
|
134,000 - 144,000
|
|
|
|
|
Refugee and Humanitarian Program
|
13,000
|
|
Total Migration and Refugee Programs
|
147,000 - 157,000
|
NOTE: Program numbers do not include New Zealand citizens.
2. SUMMARY REQUIREMENTS FOR MAJOR MIGRATION CATEGORIES
FAMILY MIGRATION
Partner:
-Includes spouse, fiancée and interdependent partner. Same sex relationships are recognized. Partners, whether married or defacto, are generally subject to a period of 2 years conditional residence with full permanent residence being conferred at the end of this period subject to evidence of continuing relationship.
Child:
-Includes child adoption, child and dependent and orphan minor.
Parents:
-Need to meet the balance of family test which requires that at least half of the children are settled Australia permanent residents or citizens, or more children are in Australia then any other single country. If applying while in Australia parents need to be aged.
Preferential/Other Family:
-Includes aged dependent, carer, orphan unmarried, remaining relatives. Family migration applications require a sponsorship from their Australian resident partner or relative who must be an Australian permanent resident or citizen. Apart from applications for spouses, children and fiancées the sponsor should usually have been resident in Australia for a minimum of two years. This period can include legal temporary residence.
-No points test. An assurance of support bond and health services charge are payable for parents who meets the balance of family test and for aged dependents, care, orphaned minor and remaining relatives. The assurance bond is $3,500. for the principal applicant and $1,500 for each adult family unit member. It is refundable with interest two years after arrival of the family less any claims by Centrelink to offset payment of special benefits and certain allowances. The health service is $1,165 per family member (including children) and is not refundable. Fast track processing of parent applications is available for the high cost contributory parent category for which the non-refundable health charge is $29,330 per parent and a 10 year bond of $10,000 (one parent) or $14,000 (both parents) is payable.
SKILLED MIGRATION
A. Skilled Independent Category:
-Open to anyone to apply. Subject to a points test including skill, age, English language and work experience.
-Extra points for having an occupation in demand, Australian qualification, and study in a regional or low growth area and/or a skilled spouse. The pool entry mark is currently 70 points and the pass mark is 120.
-Maximum age for principal applicants of 44 at time of application.
-English proficiency is mandatory for principal applicants. An English test may be requires. Family members over the age of 18 who do not have functional proficiency in English will have to pre-pay part of the cost of language training in Australia 9$2,765 each). Assessed on background factors or by English test.
-Australian work experience or community language fluency.
-Applicants need to have their skills positively assessed by a designated Australian assessing authority.
Applicants who meet the pool entry mark, but not the pass mark, may be able to be considered under the Regional Sponsored Migration Scheme or Skill Matching or State/Territory nominated.
B. State/Territory Nominated Independent (STNI):
- This permanent visa is for applicants whose occupation is on the nominating State/Territory Skills Shortage List and can meet the pool mark in the General Skilled Migration points test.
Basic Criteria:
C. Skilled Independent Regional (SIR):
-This category provides a two stage visa arrangement for temporary residence, followed by permanent residence for people with needed skills willing to live and work in regional Australia.
Basic Criteria:
Some occupations will require a job offer depending on State/Territory requirements.
Applying for permanent residence
· After 2 years' residence (short absences permitted) AND
· 12 months' full time employment (including self-employment) in one or more regional or low metropolitan growth areas.
D. Skilled Australian Sponsored
- Brothers, sisters, nephews, nieces, non-dependent children and parents with balance of family outside Australia
· Subject to a points test including skill, age, English language, work experience and sponsorship factors.
· Extra points for having an occupation in demand, Australian qualification and a skilled spouse and bonus points for investment or Australian work experience or community language fluency.
· The pool entry mark is currently 105 points and the pass mark is 110 points.
· English proficiency is mandatory for principal applicants. An English test may be required. Family members over the age of 18 who do not have functional proficiency in English will have to pre-pay part of the cost of language training in Australia ($2,765 each). Assessed on background factors or by English test.
· Sponsorship and Assurance of Support required.
· Applicants need to have their skills positively assessed by a designated Australian assessing authority before lodging a migration application.
· Sponsorship and Assurance of Support required.
E. SKILLED DESIGNATED AREA SPONSORED
- This visa category was introduced on 1 July 2006. It provides a two stage visa arrangement for temporary residence, followed by permanent residence for people with needed skills willing to live and work in regional Australia.
- A Skilled Designated Area Sponsored category is available where sponsors live in a designated area (basically anywhere except Sydney, Brisbane or Perth and related centres). No points test applies but applicants need to be under 45 years of age, have at least functional English, have a skilled occupation and skills positively assessed by the relevant assessing authority. An assurance of support is required. Family members over the age of 18 who does not have functional proficiency in English will have to pre-pay part of the cost of language training in Australia ($2,765 each).
- Under this category applicants obtain temporary residence initially which can be converted to permanent residence after living in a designated area for a total of at least two years, including at least 12 months full-time work. This requirement does not apply to persons who held overseas student visas within 6 months of application lodgment and who had completed a degree, diploma or trade certificate in Australia as a result of least 2 years study.
F. Employer Nomination Scheme (ENS)
- Designed to enable Australian employers to engage skilled overseas residents who meet 1 of 3 prerequisites - formal skill assessment and 3 years work experience in the nominated occupation or highly paid (A$165,000) or 2 years work experience in the nominated occupation in Australia including at least the most recent 12 months with the sponsor.
Some key elements are:
· the position must be on the relevant skilled occupation list
· the job must be full-time and available for at least 3 years
· the conditions of employment must be consistent with Australian standards and/or awards
the minimum specified salary level must be paid
· the person nominated must have qualifications and experience suitable to the position offered
· the employer must make adequate provision for staff training
· no points test
· maximum age of 44 at time of application unless exceptional circumstances
· English proficiency at vocational level required unless exceptional circumstances
· maximum age of 44 at time of application unless exceptional circumstances
· dependents over the age of 18 who does not have functional proficiency in English will have to pay part of the cost of language training in Australia ($2,765).
Dependents over the 18 who not have functional proficiency in English will have to pay part of the cost of language training in Australia ($2,765).
A variation on ENS is the Regional Sponsored Migration Scheme which is designed to assist employer's regional and remote areas. Employers can nominate applicants through their local regional development organization or designated government authority. The skill and advertising requirements are less rigorous than for ENS.
BUSINESS MIGRATION
- Designed to attract people with business and/or investment skills whose migration will result in one or more of the following benefits to Australia:
· enhanced business and investment skills
· business links with international markets (esp. Asia-Pacific region)
· more jobs
· increased exports
· import replacement
· use of new or improved technology
· increased commercial activity and competitiveness.
(i) Business Talent (Migrant)
- Requirements include net assets in qualifying business of $400,000.00 and a turnover of $3,000,000.00 for two of the four fiscal years preceding application lodgment. Applicants need business and personal assets of at least $1,500,000. Age limit is 54. Commitment to business activity in Australia and sponsorship by a State or Territory government is a requirement.
- The Business Talent category is the only direct entry category by which persons overseas can obtain Australian permanent residence on business grounds.
(ii) Provisional Business Visas
- Applicants who cannot meet Business Talent requirements must apply for a provisional visa as a business owner, senior executive or investor. Within these categories, there is a distinction between State/Territory sponsored applicants and others. The criteria for State/Territory applicants are less demanding than for persons who are not sponsored. For instance, the financial criteria are substantially lower for State/Territory sponsored applicants, the age limit is 54 (44 if not sponsored) and there is no vocational English requirement.
- Provisional visas are valid for 4 years. Persons landing on provisional visas who subsequently become successfully involved in business activity in Australia can apply for residence visas, either in their own right or with State/Territory sponsorship. Again the requirements are lower for sponsored applicants.
- For all State/Territory sponsored business skills applications, principal applicants and dependants over the age of 18 who do not have functional proficiency in English will have to pre-pay part of the cost of language training in Australia (principal applicant $5,395, dependants $2,690). Non-State/Territory sponsored principal applicants are required to have vocational English in order to qualify and dependants over 18 are required to have functional English or pay the charge.
(iii) Established Business in Australia Category
- This category was introduced for people who have successfully established a business in Australia which meets certain criteria including turnover of $200,000 (or exports of $100,000) and employment of three Australian citizens/residents, the applicant holding at least a 10% ownership interest, net assets in business of $100,000 and total net assets in Australia of $250,000.
3. TEMPORARY RESIDENCE
-Temporary residents have permission to reside in Australia for a fixed time period - usually up to 4 years. Sometimes this can be extended. With the exception of retirees (see below) they have permission to work. Temporary residents are not eligible for Medicare and would be liable to pay overseas student charges if family members are studying. Permission may be needed from the Foreign Investment Review Board (FIRB) before temporary residents can purchase urban residential real estate.
-Persons can be sponsored by an operating business in Australia or overseas for temporary employment to fill skilled positions for which an employer cannot find a suitable local applicant or to establish a business or assist in fulfilling contractual obligations. The usual period of stay is up to 4 years depending on requirements. Sponsoring employers must sign an undertaking which requires payment at a gazetted minimum salary level, adequate arrangements for all hospital and medical expenses, superannuation contributions, notification if a sponsored person ceases to be employed, compliance with Australian Industrial legislation and repatriation.
-Persons aged 55+ without dependents (other than a spouse) may be able to retire in Australia as temporary residents with 4 year visas subject to State/Territory Government sponsorship and substantial resources. Applicants are required to make a designated investment of $750,000 (if going to live in a non-regional or non-low growth area) or $500,000 (if going to live in a regional or low growth area). For second and subsequent applications the requirements are $500,000 and $200,000 respectively.
-In addition, for the grant of the initial visa, the applicants need to provide evidence of assets for settlement in Australia of $750,000 (non-regional or non-low growth) or $500,000 (regional or low growth), applicants also need to provide evidence of an annual income stream of $65,000 (non-regional or non-low growth area) or $50,000 (regional or low growth area). Part time work is permissible. No access to Medicare. At this stage the NSW Government is not participating in this program.
OVERSEAS STUDENTS
-There are seven different types of student visas including English language, schools, vocational training and higher education. Some entry requirements are quite complicated and they depend on the assessment level of the student’s country of passport there are 5 assessment levels e.g. Japanese students are at assessment level 1 for all courses and the visa requirements are relatively straight forward. Students from China (excluding Hong Kong) are rated as assessment level 4 for all visas, and the entry requirements are more demanding especially in terms of financial support evidence.
-Overseas students completing courses within the previous 6 months can obtain points for skills without work experience. Opportunities are available for some overseas students completing courses in Australia within the previous 6 months and after at least 2 years of full-time study, to apply for permanent residence in Australia under points tested categories and to remain in Australia with permission to work while their applications are processed. Such applicants must have a successful skill assessment for a 60 point occupation if applying independently or 50 point occupation if sponsored.
Migration Occupations in Demand List (MODL)
Migration Occupations in Demand for Australian Visa Applications.
The (Skilled) Migration Occupations in Demand List (MODL) below is a list of occupations which have been identified as being in demand in Australia.
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MANAGERS AND ADMINISRATORS
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ASCO
|
|
Child Care Coordinator
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1295-11
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PROFESSIONALS
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ASCO
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|
Accountant
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2211-11
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Anaesthetist
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2312-11
|
|
Chemical Engineer
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2129-17
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|
Civil Engineer
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2124-11
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|
Computing Professional - specialising in C++/C#/C
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2231-79
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Computing Professional - specialising in CISSP
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2231-79
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Computing Professional - specialising in Java
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2231-79
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Computing Professional - specialising in J2EE
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2231-79
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Computing Professional - specialising in Network Security
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2231-79
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Computing Professional - specialising in Oracle
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2231-79
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Computing Professional - specialising in PeopleSoft
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2231-79
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Computing Professional - specialising in SAP
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2231-79
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Computing Professional - specialising in SIEBEL
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2231-79
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Dental Specialist
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2381-13
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Dentist
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2381-11
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Dermatologist
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2312-13
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Electrical Engineer
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2125-11
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Emergency Medicine Specialist
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2312-15
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General Medical Practitioner
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2311-11
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Hospital Pharmacist
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2382-11
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Mechanical Engineer
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2126-11
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Medical Diagnostic Radiographer
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2391-11
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Mining Engineer
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2127-11
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Obstetrician and Gynaecologist
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2312-17
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Occupational Therapist
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2383-11
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Ophthalmologist
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2312-19
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Paediatrician
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2312-21
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Pathologist
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2312-23
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Petroleum Engineer
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2127-13
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Physiotherapist
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2385-11
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Podiatrist
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2388-11
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Psychiatrist
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2312-27
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Radiologist
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2312-29
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Registered Mental Health Nurse
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2325-11
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Registered Midwife
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2324-11
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Registered Nurse
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2323-11
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Retail Pharmacist
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2382-15
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Specialist Medical Practitioners (not elsewhere classified)
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2312-79
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Specialist Physician
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2312-25
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Speech Pathologist
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2386-11
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Sonographer
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2391-17
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Surgeon
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2312-31
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Surveyor
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2123-13
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ASSOCIATE PROFESSIONALS
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ASCO
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Chef (excluding Commis Chef)
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3322-11(part)
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TRADES
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ASCO
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|
Automotive Electrician
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4212-11
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Baker
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4512-11
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Boat Builder and Repairer
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4981-13
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Bricklayer
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4414-11
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Cabinetmaker
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4922-11
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Carpenter
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4411-13
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Carpenter and Joiner
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4411-11
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|
Cook
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4513-11
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Drainer
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4431-15
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Electrical Powerline Tradesperson
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4313-11
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Electrician (Special Class)
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4311-13
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Electronic Equipment Tradesperson
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4315-11
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|
Fibrous Plasterer
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4412-11
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|
Fitter
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4112-11
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|
Floor Finisher
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4423-11
|
|
Furniture Upholsterer
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4942-11
|
|
Gasfitter
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4431-13
|
|
General Electrician
|
4311-11
|
|
General Electronic Instrument-Tradesperson
|
4314-11
|
|
General Plumber
|
4431-11
|
|
Hairdresser
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4931-11
|
|
Joiner
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4411-15
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|
Lift Mechanic
|
4311-15
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|
Mechanical Services and Air-conditioning Plumber
|
4431-19
|
|
Metal Fabricator (Boilermaker)
|
4122-11
|
|
Metal Machinist (First Class)
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4112-13
|
|
Motor Mechanic
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4211-11
|
|
Panel Beater
|
4213-11
|
|
Pastry Cook
|
4512-13
|
|
Pressure Welder
|
4122-13
|
|
Refrigeration and Air-conditioning Mechanic
|
4312-11
|
|
Roof Plumber
|
4431-17
|
|
Roof Slater and Tiler
|
4413-11
|
|
Solid Plasterer
|
4415-11
|
|
Sheetmetal Worker (First Class)
|
4124-11
|
|
Stonemason
|
4416-13
|
|
Toolmaker
|
4113-11
|
|
Vehicle Body Maker
|
4215-11
|
|
Vehicle Painter
|
4214-11
|
|
Wall and Floor Tiler
|
4416-11
|
|
Welder (First Class)
|
4122-15
|
|
ü Applicants will receive points if their nominated occupation is on the MODL list which is current at the time their application is assessed (not when their application is lodged)
ü They receive extra points if they have a job offer in their nominated occupation from an organization that has employed at least 10 people on a full time basis for the previous two financial years.
ü For an occupation in demand, but with no job offer in Australia = 15 points
