​​​​New Discussion paper released reviewing current Points Test

After the pandemic, global migration patterns have undergone a significant transformation, prompting governments worldwide to reassess their immigration strategies. Australia, renowned for its robust migration system, is no exception. A recent discussion paper released on 24 April 2024 by the Australian Government sheds light on the proposed areas for change in the Points Test, a pivotal component of the country’s migration framework.

The Government’s Migration Strategy, unveiled in December 2023, delineates an ambitious vision for Australia’s migration program. Among its core objectives is the reformation of the Points Test to better identify and attract migrants who can make substantial contributions to the Australian economy and society.

The existing points test, mostly unchanged since 2012, attributes weightings and a pass mark to tailor the points tested visa programs: Skilled Independent visa (Subclass 189) visa, Skilled Nominated visa Subclass 190 visa and Skilled Work Regional (Provisional) (subclass 491) visa. The current points test categories are based on various criteria including but not limited to age, English language proficiency, Employment experience, both overseas and in Australia, educational qualifications, including specialist qualifications and study in regional Australia and English language proficiency of a migrant’s partner.

The discussion paper released by the Department of Home Affairs provides a comprehensive review the Points Test’s structure and its effectiveness, shedding light on key issues and potential changes. As highlighted in the discussion paper (https://www.homeaffairs.gov.au/reports-and-pubs/PDFs/points-test-discussion-paper-april-2024.pdf ), the current framework falls short in several key areas:

  • The current points test, while comprehensive, may not effectively distinguish between candidates based on factors crucial for success in the labour market. The discussion paper proposes changes to prioritise education, English language skills, and experience by either removing or reducing points for professional year, regional study, and community language skills. In line with the above the discussion paper also proposes considering introducing the requirement to have a skilled job offer for onshore applicants. 
  • The slow responsiveness of occupation lists to shifts in the labour market poses a challenge to the effectiveness of the current points test. The existing occupation lists, reliant on outdated data from 2013, are often behind real-time demands. To address this, the paper suggests that policy makers should explore alternative methodologies to identify and target long-term skills requirements, ensuring a more responsive and dynamic migration system.
  • Current age criteria does not adequately reflect the long-term contributions of younger migrants. The discussion paper proposes a redesign that aims to allocate points in a manner that favours younger migrants, akin to Canada’s age points approach, intending to capture the nuances of age on a “sliding scale” basis. 
  • Partners’ contributions are often overlooked in the current points test. The discussion paper suggests giving greater consideration to partners’ attributes, including English language proficiency and skilled work experience. 

 

With the release of this discussion paper the Department of Home Affairs is now seeking submissions from the public by 5 pm Australian Eastern Standard Time on Friday 24 May 2024. The platform for public submissions can be accessed at: https://www.homeaffairs.gov.au/reports-and-publications/submissions-and-discussion-papers/review-of-the-points-test-discussion-paper/public-submissions .

Presently, there are no set dates for when the proposed changes shall take effect and what impact it will have on existing visa holders. Stone Group Lawyers will keep monitoring the proposed changes and provide updates as they develop.

It is interesting to see how the public reacted to the review paper, and everyone is encouraged to submit his/her opinion contributing various thoughts, voice, insights to reflect all aspects of the multi-cultural community of Australia.

 

The above article published by Stone Group Lawyers is intended as general information only and is not legal advice on any subject matter. By viewing the above article, the reader understands there is no solicitor-client relationship between the reader and the article published. The above article should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult Stone Group Lawyers on any legal queries concerning a specific situation.