The Minister for Immigration and Citizenship, Senator Chris Evans announced a number of immediate and future changes to the GENERAL SKILLED MIGRATION program today, 8 February 2010. Readers should note that the changes do not apply to family visas. The changes are implemented to reflect the skilled needs of Australia in the current economic climate and are not designed to cut the total number of migrants to the country.
The most important change is that offshore visa applications filed before 1 September 2007 and not yet granted yet will be capped and cancelled. We have established that this change will not affect any of the current clients of Visas-R-Us adversely as we have no outstanding general skilled migration visa applications filed before 1 September 2007 that has not been granted yet.
The following changes take effect today, 8 February 2010:
· Offshore visa applications filed BEFORE 1 September 2007 and not decided yet (not granted yet or currently at the Migration Review Tribunal) will be capped and those not decided after the capping number has been reached, will be cancelled;
· The Migration-Occupation-in-Demand List is recalled but applications already filed will not be adversely affected in regard to the points test; and
· The Priority Processing List currently in use is replaced with a new Priority Processing List.
On 30 June 2010 the Critical Skills List will be recalled and a new Skilled Occupation list will come into effect.
Visa applications filed before 1 September 2007
There are a number of offshore visa applications that were filed before 1 September 2007 that have not been decided yet (granted or refused). These applications will be capped and ceased and the visa application fee will be refunded. We are fortunate that we have no outstanding visa applications filed before 1 September 2007 that has not been decided yet. This arrangement does not affect offshore permanent residency visa holders who holds current visas but who has not relocated to Australia yet.
Migration-Occupation-in-Demand List (MODL) recalled
The MODL is recalled as it no longer reflects the needs of the job market in Australia and new visa applications filed from today will not be able to claim the points awarded for nominating an occupation on the MODL list.
However, this arrangement does not affect:
· All pending visa applications filed before 8 February 2010,
· current Subclass 485 (student graduate) visa holders, and
· Subclass 485 visa applications filed before 8 February 2010. Subclass 485 visa holders who wish to claim points for an occupation listed on the MODL must file a permanent residency visa application BEFORE 31 December 2012.
New Priority Processing List
The current priority processing list has been amended and from today visas will be processed in the following order (with highest priority listed first):
1. Applications from people who are employer sponsored under the ENS (metropolitan based employer sponsored visas) and the RSMS (regional employer sponsored visas).
2. Applications from people who are nominated by a state/territory government agency under a state migration plan agreed to by the minister.
3. Applications from people who are nominated by a state/territory government agency and whose nominated occupation is on the Critical Skills List (CSL).
4. Applications from people who are neither nominated nor sponsored in priority groups 1, 2 or 3 above, but whose nominated occupation is listed on the CSL.
5. Applications from people who are nominated by a state/territory government agency whose nominated occupation is not listed on the CSL.
The processing time for the visa applications listed below is now as follows:
3 years from the date of application for offshore visa applications
and 2 years from the date of application for onshore visa applications.
6. (i) Applications from people whose occupations are listed on the Migration Occupations in Demand List (MODL).
(ii) Applications from people who are sponsored by family and whose nominated occupation is not listed on the CSL.
7. All other applications are to be processed in the order in which they are received.
The above priority processing list applies to all skilled visa applications except the following onshore visa applications:
• Skilled—Recognised Graduate (subclass 476)
• Skilled—Graduate (subclass 485)
• Skilled—Designated Area—Sponsored (Residence) (subclass 883)
• Skilled—Regional (subclass 887).
Applications for these visa subclasses will be processed in the order in which they are received.
From July 2010
Future changes to the Skilled Migration visa program include the announcement of a new SOL (Skilled Occupation List) for general skilled migration. The good news is however that ENS and RSMS visas will not restricted to the SOL list and applicants can still apply for a visa even if their occupation is not listed on the SOL. This will give people who have an occupation not listed on the SOL, the opportunity to migrate to Australia providing they have a job offer from an Australian employer.
It is expected that the new SOL list will be published in April 2010. However, the new list will only come into effect on 1 July 2010 and all visa applications filed up to this date listing an occupation on the current SOL list will still be accepted as valid visa applications although they might only be granted in 2 or 3 years’ time.
Former Australian students nominating a trade occupation for a permanent residency visa application or subclass 485 visa application
Students who have recently completed their studies in Australia and who will be nominating a trade occupation may lodge a visa application issued or filed before 31 December 2009 for the purposes of the application. These applications will not be subject to the Job Ready Program introduced by Trade Recognition Australia on 1 January 2010.
Summary
Readers can access detailed press releases on the above changes from the DIAC website at:
http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm
The best time to file a visa application is as soon as possible as applications not listed on the CSL or sponsored by either an employer or a State/Territory can expect to wait for up to 3 years before the visa will be granted.
I will be visiting South Africa from 27 February until 12 March 2010 to present free information seminars on immigration and investment in Australia and to conduct personal interviews in PRETORIA and JOHANNESBURG. Please contact me at letitia@visasrus.com.au for further information if you wish to make an appointment or book a place at one of the free seminars that will be held at 18:30 on 1, 3, 8 and 10 March.
