It is also necessary to mention that further changes to the skilled migration system are possible in the future, for example a change to the points system and perhaps a modification of the age limits.  State and Territory migration schemes are being developed, and it is said they will be announced later this year.  These schemes will enable the States and Territories to sponsor skilled people in accordance with their own particular needs, and perhaps in accordance with the needs of particular regions of each State and Territory.  The schemes may well be independent of the List of Skilled Occupations.  Therefore, a person who does not meet the criteria for permanent residence according to the general skilled migration categories may still be able to migrate via State or Territory sponsorship.  I advise intending permanent residents to watch the news regularly, and particularly the site www.immi.gov.au, for announcements about these schemes.

Other onshore migration options are mostly of the employer-sponsored kind.  The easiest for permanent residence is the Regional Sponsored Migration Scheme (RSMS), where the applicant is sponsored by an employer in a regional area of Australia.  Any occupation is acceptable provided it requires at least a diploma or a trade certificate, and the applicant has the necessary qualification.  Work experience is not required, and the standard of English needed is low.  The position must be approved by a Regional Certifying Body, who will need to be satisfied that it is a genuine position appropriate to the economic profile of the region in which the employer operates.
 
The Employer Nomination Scheme is available throughout Australia, but standards are higher.  Applicants generally need to show three years of work experience, which will be difficult for most overseas students unless they first spend time on a subclass 457 visa (see below).  There is a list of acceptable occupations which is wider than the List of Skilled Occupations but not so flexible as under the RSMS.  A minimum salary of $45,220 must be offered.  The employer must obtain approval from the Immigration Department.
 
An employer may also sponsor an applicant pursuant to subclass 457.  This is a temporary visa but it usually places a person in a good position to apply for permanent residence after two years.  Many skilled occupations are suitable for this category.  A skills assessment is not usually asked for, unless there is some doubt as to bona fides.  The employer must, however, show that he will pay a minimum salary of $45,220 and that the salary paid is equivalent to market salary rates in Australia.
 
Other onshore options, unrelated to skills, may be available to individuals in particular circumstances.  If not, then a person wishing to live in Australia will be best advised to leave, obtain appropriate skilled work experience in the home country, and then apply after a year on the basis of that experience. 
 
Rules are changing so frequently these days that it is wise to seek professional advice before applying for any category of skilled visa.  On the other hand, due to these changes it is not reasonable to expect anybody to be able to say what will be the best option for obtaining permanent residence in two or three years’ time.
 
Dr Rory Hudson, a registered migration agent (MARN 9900954) is Director of Immigration and Refugee Specialists Pty Ltd.  He may be contacted on (03) 9670 7222.