The department understands that there is some concern among international students and stakeholders regarding the amendments introduced on 1 January 2010 to support the commencement of the Job Ready Program (JRP). These amendments require certain GSM applicants who nominate a trade occupation to provide a skills assessment dated on or after 1 January 2010 in order to make a valid application.
It is intended that in the future (don't know when.... we will just have to wait for announcement or confirmation), applicants nominating a trade occupation for permanent migration will be able to provide an existing skills assessment when applying. This includes assessments predating 1 January 2010 and will mean that applicants will no longer be required to obtain a further skills assessment. It is intended that these arrangements commence in the first quarter of 2010.
Changes to Priority Processing
The Minister for Immigration and Citizenship has set new priority processing arrangements for certain skilled migration visas. The current priority processing began on 8 February 2010. The changes apply to applications that have not been finalised, and to applications lodged with the Department of Immigration and Citizenship on or after 8 February 2010.
- The new priority processing arrangements which apply to the following visas from 8 February 2010:
- The priority processing arrangements are designed to ensure that the Australian economy gets the skills it needs now, rather than those of visa applicants who applied first. It helps to better address the needs of industry by targeting skills in critical need across a number of sectors, and is one of the measures used to ensure that the skilled migration program is responsive to the current economic climate and the needs of the Australian economy.
- The changes took effect from 8 February 2010 and apply to applications lodged with the department on or after this date. The changes also apply to applications that had been lodged previously with the department and have not been finalised.
- Priority processing applies to onshore and offshore applications equally. However, processing times between the two can vary.
- The new arrangements apply to all visa applications, including those in the final stages of processing. Applications in lower priority groups cannot be processed further until those in higher priority groups are finalised.
- If you are not nominated by a state or territory government in accordance with an approved state migration plan, or your nominated occupation is not on the CSL and you have applied for an offshore GSM visa or intend to apply for an offshore GSM visa, it is unlikely that your application will be finalised within 3 years of the date of the application. If you are not nominated by a state or territory government in accordance with an approved state migration plan or your nominated occupation is not on the CSL and you applied for an onshore GSM visa or intend to apply for an onshore GSM visa, it is unlikely that your visa will be finalised within 3 years of the date of the application. Your ‘nominated occupation’ is the occupation you nominated at the time you lodged your application and it cannot be changed.
- There are options if your application is unlikely to be finalised by the end of 2012 and you have applied for an onshore visa:
For an accountant, If you have already met the time of application criteria (by holding an eligible passport or you have IELTS 6.0) and now wish to submit an IELTS test to access priority processing, you may submit the results from an IELTS test undertaken after you lodged your application. You will only be eligible for priority processing under the CSL once you provide evidence of your ‘proficient English’ IELTS results to the department.
- If you are a computing professional with a specialisation on the Migration Occupation in Demand List, you are eligible for priority processing in the order outlined at question two, that is, they receive the fourth highest priority.
- Priority processing arrangements do not apply to Skilled—Graduate (subclass 485) visa applicants from 8 February 2010. These applications will be processed in the order in which they are received. This includes applications that have been partially assessed and those in the final stages of processing.
- Compensation is not available for delays in processing.
- The new priority processing arrangements which apply to the following visas from 8 February 2010:
- Employer Nomination Scheme (ENS)
- Regional Sponsored Migration Scheme (RSMS)
- General Skilled Migration (GSM) visas
- Applications from people who are employer sponsored under the ENS and the RSMS.
- Applications from people who are nominated by a state/territory government agency under a state migration plan agreed to by the minister
- Applications from people who are nominated by a state/territory government agency and whose nominated occupation is on the Critical Skills List (CSL).
- Applications from people who are neither nominated nor sponsored in priority groups 1, 2 or 3, but whose nominated occupation is listed on the CSL.
- Applications from people who are nominated by a state/territory government agency whose nominated occupation is not listed on the CSL.
- (a)Applications from people whose occupations are listed on the Migration Occupations in Demand List (MODL).
(b) Aplications from people who are sponsored by family and whose nominated occupation is not listed on the CSL. - All other applications are to be processed in the order in which they are received.
- Skilled—Recognised Graduate (subclass 476)
- Skilled—Graduate (subclass 485)
- Skilled—Designated Area—Sponsored (Residence, subclass 883)
- Skilled—Regional (subclass 887).
- The priority processing arrangements are designed to ensure that the Australian economy gets the skills it needs now, rather than those of visa applicants who applied first. It helps to better address the needs of industry by targeting skills in critical need across a number of sectors, and is one of the measures used to ensure that the skilled migration program is responsive to the current economic climate and the needs of the Australian economy.
- The changes took effect from 8 February 2010 and apply to applications lodged with the department on or after this date. The changes also apply to applications that had been lodged previously with the department and have not been finalised.
- Priority processing applies to onshore and offshore applications equally. However, processing times between the two can vary.
- The new arrangements apply to all visa applications, including those in the final stages of processing. Applications in lower priority groups cannot be processed further until those in higher priority groups are finalised.
- If you are not nominated by a state or territory government in accordance with an approved state migration plan, or your nominated occupation is not on the CSL and you have applied for an offshore GSM visa or intend to apply for an offshore GSM visa, it is unlikely that your application will be finalised within 3 years of the date of the application. If you are not nominated by a state or territory government in accordance with an approved state migration plan or your nominated occupation is not on the CSL and you applied for an onshore GSM visa or intend to apply for an onshore GSM visa, it is unlikely that your visa will be finalised within 3 years of the date of the application. Your ‘nominated occupation’ is the occupation you nominated at the time you lodged your application and it cannot be changed.
- There are options if your application is unlikely to be finalised by the end of 2012 and you have applied for an onshore visa:
- continue to live and work in Australia (if your visa permits) while you await a decision on your visa application
- consider your eligibility for an employer sponsored visa, or a nomination by a state/territory government under a state migration plan
- apply for another visa
- withdraw your application and return to your home country. Please note, if you choose to withdraw your application you will not be entitled to a refund of your Visa Application Charge (VAC).
For an accountant, If you have already met the time of application criteria (by holding an eligible passport or you have IELTS 6.0) and now wish to submit an IELTS test to access priority processing, you may submit the results from an IELTS test undertaken after you lodged your application. You will only be eligible for priority processing under the CSL once you provide evidence of your ‘proficient English’ IELTS results to the department.
- If you are a computing professional with a specialisation on the Migration Occupation in Demand List, you are eligible for priority processing in the order outlined at question two, that is, they receive the fourth highest priority.
- Priority processing arrangements do not apply to Skilled—Graduate (subclass 485) visa applicants from 8 February 2010. These applications will be processed in the order in which they are received. This includes applications that have been partially assessed and those in the final stages of processing.
- Compensation is not available for delays in processing.
Outcomes of the MODL review
Lots of people interested in the outcomes of the MODL review. Here is the summary:
particular migration outcome. The GSM program will continue to change and adapt to Australia’s economic
needs.
People who wish to study in Australia may be granted a student visa that entitles them to come to Australia on
a temporary basis for a specified period to undertake study at an Australian educational institution. While
many overseas students make a decision to apply for permanent residence upon completing their studies, this
is an entirely separate process and there is no guarantee that, on the basis of having held a student visa, a person will meet the requirements to be granted permanent residence.
It is important to note that student visas are aimed at achieving an educational outcome. GSM on the other
hand is predominantly driven by the labour market needs of Australia. The criteria for grant of GSM visas can change in response to the changing economic circumstances of Australia. All applicants seeking to be granted a permanent GSM visa must meet the relevant criteria set out in the migration legislation, regardless of whether or not they have previously been in Australia. It is important for student visa holders to note that any changes to the criteria for the grant of a GSM visa.
- A review of the Migration Occupation in Demand List (MODL) was conducted due to concerns that it was not supporting the General Skilled Migration (GSM) program to meet Australia’s medium to long-term future skill needs. Findings of the review showed that the MODL was not effective in delivering a GSM program that meets the future skill needs of the Australian labour market. A number of stakeholders participating in the review supported these findings.
- On 8 February 2010 the Minister for Immigration and Citizenship, announced the revocation of the MODL from 8 February 2010. This change applies to all GSM applicants except those who,
at the date of announcement, hold a Skilled—Graduate (subclass 485) visa, or had a pending subclass 485 visa application and had not yet lodged an application for a provisional or permanent GSM visa and who make an application by 31 December 2012, or have a pending GSM visa application. Revocation of MODL does not affect applicants sponsored by an Australian employer. - MODL being revoked without warning because the outcomes of the review need to be implemented as quickly as possible in order for the GSM program to provide the necessary skills required for the Australian labour market.
- There will not be a new MODL. Applicants planning to claim additional points for an occupation on MODL to meet the Points Test passmark should consider other options for additional points, for
example, improving their English language score. - Applicants who lodged a GSM application before 8 February 2010 will not be affected by the revocation of the MODL.
- Applicants who made an application for a GSM visa before 8 February 2010 will be eligible to claim MODL points (subject to meeting the employment/job offer requirements) if their nominated occupation was on the MODL at the time they lodged their application.
- The MODL was revoked on 8 February 2010. This means that if you lodge your application after this date you will not be able to claim MODL points. MODL points can be claimed by people, who at 8 February 2010 are; holders of a subclass 485 visa granted before 8 February 2010, applicants for a subclass 485 visa lodged before 8 February 2010, or applicants for a GSM visa lodged before 8 February 2010. These applicants must lodge their GSM application by 31 December 2012.
particular migration outcome. The GSM program will continue to change and adapt to Australia’s economic
needs.
People who wish to study in Australia may be granted a student visa that entitles them to come to Australia on
a temporary basis for a specified period to undertake study at an Australian educational institution. While
many overseas students make a decision to apply for permanent residence upon completing their studies, this
is an entirely separate process and there is no guarantee that, on the basis of having held a student visa, a person will meet the requirements to be granted permanent residence.
It is important to note that student visas are aimed at achieving an educational outcome. GSM on the other
hand is predominantly driven by the labour market needs of Australia. The criteria for grant of GSM visas can change in response to the changing economic circumstances of Australia. All applicants seeking to be granted a permanent GSM visa must meet the relevant criteria set out in the migration legislation, regardless of whether or not they have previously been in Australia. It is important for student visa holders to note that any changes to the criteria for the grant of a GSM visa.
Removal of MODL
The revocation of the current MODL will not affect those who at 8 February 2010:
- hold a Skilled—Graduate (subclass 485) visa, or have a pending subclass 485 visa application and are yet to apply for a permanent or provisional General Skilled Migration (GSM) visa, or
- have a pending GSM visa application.
Applicants who lodged a GSM application before 8 February 2010 are not affected by the revocation of MODL.
The legislative instrument specifies a new Migration Occupation in Demand List which is for applicants for
- Subclass 885 Skilled – Independent,
- Subclass 886 Skilled – Sponsored
- Subclass 487 Skilled – Regional Sponsored visas who:
i) held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or
ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument;
and who made their application on or before 31 December 2012.
ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument;
and who made their application on or before 31 December 2012.
It is, of course, still possible to lodge a GSM application now, but MODL points are not now available for new applications.
Changes to General Skilled Migration program
Changes to General Skilled Migration program
Minister Evans has today announced significant changes to the General Skilled Migration Program.
The major changes involve:
Minister Evans has today announced significant changes to the General Skilled Migration Program.
The major changes involve:
- The Migration Occupation in Demand List is abolished as of today, 8 February 2010.
- Offshore GSM applications lodged before 1 September 2007 and not finalised will no longer be dealt with and those affected applicants will be given a refund of their visa application fee. This does not apply to onshore applicants... :) This will affect about 20,000 applicants.
- A new Skilled Occupation List, to replace the MODL and the Critical Skills List will be introduced later in 2010
- There will be a review of the Points Test
- Changes to priority processing
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