#Students' Rights
Target:
Minister for Immigration and Citizenship & Commonwealth Ombudsman
Region:
Australia
Website:
www.immi.gov.au

This petition is for international students who are studying a trade course in Australia and are affected by the new changes of Skilled Migration Program (GSM) 2010

We aim to get support from international students, teachers, migration agents and those who believe in justice.

As you may be aware, on 8th of February 2010, the Minister for Immigration and Citizenship, Senator Chris Evans, announced a range of changes to the General Skilled Migration program.

These changes affect many international students who have spent time and thousands of dollars in Australia to be good tradesmen. These students could have chosen many other countries to study, however they chose Australia because they trust that Australia is a country that practices fairness, justice and democracy.The lives, dreams and hopes of those international trade students, who would like to apply GSM after they graduate, are most likely will be affected by these changes , which included:

1. Revocation of MODL (Migration Occupations in Demand List)
2. Imposition of Job Ready Program
3. New SOL (Skilled Occupation List )
(the result will be announced to the public in end of April)
4. Possible New Point Test system
(the Public Consultation Process will end 12 March 2010. Government will determine when they will take place and who will apply to)

Should all these changes be implemented, they would make the students vulnerable or even non-eligible under the GSM application.

We are requesting your consideration of the following:

1. Review the rationality of the Job Ready Program and withdraw Job Ready Program for current trade students who have started their course in Australia before 8th February 2010
2. Current SOL & Points Test to continue to be applied to current trade students for applying GSM.

Impact of the Changes:

Revocation of MODL
- Many trade students have already lost 15 points for GSM

Job Ready Program:
1. This should be put on hold for 1 extra year as students would not be able to embark on their work experience and complete their diploma courses concurrently as this full time work experience can only start after the Diploma course.
For example, the students who have been working in the industry for 20 hrs per week while they are taking the Diploma in 2010, they would be able to apply for PR (Permanent Residency) at the end of 2010 based on the previous TRA requirement.

2. Some students were just about to finish 900 hours at the end of last year. If TRA could accept ‘2 days per week for 6 months’ (equivalent to 384 hours) and vocational placement hours can be counted in last year, many students would be able to apply to TRA instead of missing the chance last year.

3. Current IELTS test results will most likely expire after completion of 1 year full time work experience. (Impact: Need to pay $300 to retake the IELTS test)
For example, if students started school in February 2009 and have the required IELTS score in November 2009 (which will expire in November 2011), this test result will no longer be valid when they could apply for PR. This is because once the school finishes in December 2010, they have to do the one year full time experience and the earliest time they can apply for PR is December 2011.

4. Students risk the fact of falling into the next age bracket that would result in lesser points for the points test upon completion of the 1 year full time work. (Impact: losing another 5 points)

5. Some students will turn 45 years of age after this 1 year full time experience; this means these students will no longer eligible to apply GSM.

6. Job Ready Program cost $4550, which is a big financial burden to many students as compared to the initial assessment of just $300.

7. 38 hours full time is a challenge in the trade industry as most jobs in the industry are casual or part-time. Imposing a 38-hour full time requirement is not in line with the Immigration Department’s requirement and the Australian employment market trend that has the most casualised workforce.

8. Some students will further lose another 5 points from the category of ‘qualified partner’ because their partners turn 45 years old after fulfilling all TRA’s requirements.

New Skill Occupation List (SOL) in effect from mid of 2010

-If our nominated skilled occupations are not on the new list, international trade students will not be able to migrate to Australia under GSM program. Then, these students will have to seek sponsorship from an employer and apply under the Employer Sponsorship, where the requirements are very hard to meet.

Possible Changes to Point Test

If our norminated occupations still remain on the new SOL, according to recent discussion papers about General Skilled Migration Points Test, the 'factors for consideration' have also surfaced the possible changes that will not be in favour of international trade students under the GSM if this apply to us.
For example:

- Possibility of change of the point system for occupation
- Possibility of no points being awarded to all applicants who meet IELTS 6 requirement
(Students will further lose another 15 points)
- Possibility of no points being awarded for family sponsorship
(Students will further lose another 5 points)
- Possibility of no points being awarded for regional study
(Students will further lose another 5 points)
- Possibility of no points being awarded for community languages
(Students will further lose another 5 points)

The recent and the future possible changes cause many trade students to become vulnerable under the GSM. All these students, who have left their countries, family and career behind, come all the way to Australia to spend their valuable 2 years and thousands of dollars for education, training as well as re-training and hope for a new start in their life.

Whatever the changes that would be taking place, it will affect every international student who is currently on the vocational student visa if this applies to us. The changes on the Job ready program with the four step version were implied in the media as of December 2009 and were swiftly put into place as of 1 January 2010. As students, we are merely safeguarding our interest and voicing our concerns over the next possible change that may take place with regards to the new SOL and new points test system.

Now, what students can hope for is to find an employer, who is willing to offer the minimum wage of a $45 220 per annum to sponsor them. However, the minimum wage requirement is far higher than a tradesperson could earn ( http://joboutlook.gov.au ) in the market.Or students would need to relocate to other state if their occupation is on the state occupation list, which requirement is another unknown at this moment. It is very likely many of them will be forced to go back to their countries and start their life from scratch again, even though they have spent loads of money on school fees, rent, living cost, IELTS test etc.

Should all these changes be implemented or applied to current trade students, that would be extremely unfair and unjustified, especially for those who have started or finished their Certificate III course; were just about to finish 900 hours at the end of last year or early of this year; or have even met the IELTS 6 requirement.

We sincerely ask the Immigration Department and TRA to look into this request and reconsider the changes.

The Impact of General Skilled Migration Changes to Trade Students in Australia petition to Minister for Immigration and Citizenship & Commonwealth Ombudsman was written by Anonymous and is in the category Students' Rights at GoPetition.