Important Updates
Important Updates
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
July 15, 2025 | New ZealandNew Zealand: Forthcoming Relaxation of Work Rights for Student Visa Holders Announced
July 15, 2025 | New ZealandNew Zealand: Salary Thresholds Impacting Labour Market Test Exemptions and Visa Duration Updated
July 14, 2025 | Thailand Thailand: Mandatory Online Registration for Companies Using the Single Window System
July 14, 2025 | United StatesBusiness Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
July 15, 2025 | New ZealandNew Zealand: Forthcoming Relaxation of Work Rights for Student Visa Holders Announced
July 15, 2025 | New ZealandNew Zealand: Salary Thresholds Impacting Labour Market Test Exemptions and Visa Duration Updated
July 14, 2025 | Thailand Thailand: Mandatory Online Registration for Companies Using the Single Window System
July 14, 2025 | United StatesBusiness Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded
July 14, 2025 | DenmarkDenmark: Positive Lists for Graduates and Skilled Workers Updated
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Skilled Migration in a Post-Brexit UK: Lessons from Australia

July 8, 2016

Countries / Territories

  • 🌐

Related offices

  • Auckland
  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Auckland
  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Auckland
  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

With Brexit looming, the United Kingdom faces the daunting task of passing whole rafts of legislation to replace the legal framework currently provided by the European Union. While Britain has retained control of immigration from outside Europe, immigration was a key issue in the ‘Leave’ campaign and reform will be needed to establish a new system adapted to accept applications from all comers, including Europeans. 

With the prospective closure of Britain’s borders with Europe, pundits in the UK are turning to the skilled migration programmes in Australia and New Zealand as possible models for what an overhaul of British points-based migration pathways might look like.

It is not the first time the UK has looked to its antipodean cousins for migration programme design ideas. The UK’s Tier 2 (General) visa, introduced in 2009, borrowed heavily from Australia’s Employer Nomination Scheme (ENS), a demand-driven programme through which employers nominate workers in a broad range of occupations for permanent residency on the basis of their occupational skills and experience.

How does SkillSelect work?

SkillSelect, Australia’s skilled migrant selection model introduced in 2012, has many similar features to New Zealand’s Skilled Migrant Category (SMC) dating back to the late 1990s. One distinguishing feature of SkillsSelect is that it recruits highly skilled migrants through a points-based system independent of any offer of employment in Australia. The applicant need not have worked - or indeed ever entered - Australia prior to the application.

By invitation only

The SkillSelect programme is limited to 66 medical and nursing; 38 engineering and IT; 43 trade; and 36 other specialised professions that are both highly skilled and in high demand.

Before a person can even apply for SkillSelect, they must first submit an ‘expression of interest’, setting out their credentials and points score on factors such as age, qualifications, work experience, and English language proficiency.  The Department then ranks these expressions of interest before periodically issuing rounds of invitations, based on annual occupation quotas set by government. Only those who receive an invitation may then apply for a visa. Although there is a nominal pass mark for the points test, the limited number of invitations and the ranking of expressions of interest by test score combine to create a ‘floating’ pass mark, with a higher score required to elicit an invitation during peak periods of demand.

What about lower skilled occupations?

On the whole, low skilled occupations are excluded from Australia’s temporary work and permanent migration pathways. Some semi-skilled professional and trade occupations are eligible via the ENS pathway, primarily after having worked in Australia for several years on a temporary work visa which generally requires some form of labour market testing. The farming, hospitality and retail sectors, as well as unskilled jobs that experience difficulty attracting and retaining staff, rely instead on a steady flow of overseas students and backpackers to supplement the local labour supply. Recently, this has raised integrity concerns regarding the size of the unskilled workforce comprising temporary visa holders. In the July federal election, the opposition Australian Labor Party ran with an immigration platform that called for a review of student and working holiday visa programmes in general, and work rights and conditions in particular.

 In recent years, Australia has also trialled a Seasonal Worker Program for citizens of Pacific Island nations, who are able to work in Australia’s agricultural and accommodation sectors during periods of peak demand. The programme provides an economic benefit to the island nations, where overseas remittances contribute between 5 and 20% of total GDP - more than international development aid. From Australia’s perspective, the programme has had mixed success: while welcomed by farmers desperate for help during harvest, a cumbersome and costly sponsorship process means that the SWP had little effect is displacing the key role in the Australian workforce of overseas students and itinerant backpackers. Suggestions of an expansion of the SWP into other areas of labour shortage such as aged care, health care and construction present both opportunities and challenges for the careful calibration of supply and demand for overseas low skilled labour, and observations of these developments could assist UK legislators with designing a post-Brexit work visa system.

How could SkillSelect be adopted to the UK?

The simplest way to introduce a system similar to SkillSelect might be a reinvigoration of the Tier 1 (General) stream that was discontinued in 2010. Like SkillSelect, this stream provided a migration pathway for independent skilled migrants. The key difference, of course, is the restriction of access to the programme to those that the Department has had a chance to vet and invite to apply.

Importantly, the expression of interest and invitation stages of the SkillSelect system sit entirely outside migration legislation: it is simply a requirement at the time of lodging a visa application that the applicant has received an invitation to apply.  The level of control that this provides the Department over access to the SkillSelect programme has improved the quality of applications received and dramatically reduced the number of frivolous applications which, once lodged, the Department is then bound to process and possibly end up disputing in the courts. Arguably, it has also resulted in a system with some quasi-legal processes which sit in an ambiguous area of government decision- making, outside the purview of the courts.

The Australian immigration system, therefore, presents some interesting considerations for the redesign of the UK’s visa programmes. Key considerations include whether the ‘invitation only’ system is a desirable development; what types of roles will be included and excluded from a SkillSelect-like migration programme;  and how the sectors that are excluded from the programme might be supported in terms of provision of overseas labour.

Countries / Territories

  • 🌐

Related offices

  • Auckland
  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Auckland
  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Auckland
  • Brisbane
  • London
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Blog post

Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa

Director Johannes Tiba explores the proposal to grant automatic employment authorization to spouses of work visa holders in South Africa.

Learn more

Media mentions

The National: UAE Golden Visa Explained: From Nomination to Investment and Who is Eligible

UK: Partner Haider Hussain clarifies that UAE Golden Visa applications must go through official government channels, warning against unauthorised fees and misinformation.

Learn more

Media mentions

Games Industry: What the UK Government’s Industrial Strategy and Immigration White Paper Mean for the UK Games Industry

Director Laurence Keir-Thomas outlines how recent changes to UK immigration and industrial policy may affect talent planning and hiring across the games sector.

Learn more

Video

Grace Period for Submission of Documents for Temporary Residence Permits Eliminated in Portugal | #MobilityMinute

In this Mobility Minute, Senior Consultant Ada Plant discusses how Portugal's Agency for Integration, Migration and Asylum (AIMA) no longer accepts incomplete temporary residence applications.

Learn more

Awards

Partner Julia Onslow-Cole Named to Citywealth Leaders List 2025

Partner Julia Onslow-Cole is named to the prestigious Citywealth Leaders List 2025, which recognises leading professionals in wealth management and private client services.

Learn more

Media mentions

The Irish Times: AI Technologies Being Used in Effort to Reduce Risk of Fraud in Immigration Process

Partner Ángel Bello Cortés discusses how Ireland’s Department of Justice is rolling out AI tools to reduce fraud risks in the immigration process.

Learn more

Media mentions

Business Insider: How Trump's Immigration Crackdown is Reshaping Financial Industry Hiring, Travel, and Dealmaking

Partner Isha Atassi discusses the impact of immigration policy changes on financial firms’ global mobility and workforce planning.

Learn more

Blog post

Charting a Course: Securing Space-Sector Talent Amid UK Immigration Reforms

Director Laxmi Limbani discusses strategies for securing talent in the UK space sector amid recent immigration reforms.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.