Priority Processing Changes for GSM, Employer Sponsored and Business Skills (Provisional) visa applications – from 23 Sept 2009

The Minister has set a new priority processing direction which comes into effect on 23 September 2009. This Direction applies to applications in the pipeline that have not been finalised, and to applications lodged with the Department of Immigration and Citizenship, on or after 23 September 2009. Priority processing applies to both onshore and offshore applications. Processing priorities (highest priority listed first) ENS and RSMS applications State/territory nominated applications with nominated occupation on Critical Skills List (CSL) Family member sponsored applications with nominated occupation on CSL Applications not nominated or sponsored, but with nominated occupation on CSL State/territory nominated applications with nominated occupation NOT on CSL (i) applications with nominated occupation on the Migration Occupations in Demand List (MODL) (ii) Family member sponsored applications with nominated occupation on the MODL all other applications processed in the order in which they are received GSM visas subject to priority processing Skill Matching Subclass 134 Skilled – Independent Subclass 136 Skilled – State/Territory-nominated Independent Subclass 137 Skilled – Australian-sponsored Subclass 138 Skilled – Designated Area-sponsored Subclass 139 Skilled – Independent Subclass 175 Skilled – Independent Subclass 176 Skilled – Regional Sponsored Subclass 475 Skilled – Graduate Subclass 485 Skilled – Regional Sponsored Subclass 487 Skilled – Independent Regional Subclass 495 Skilled – Designated Area-sponsored (Provisional) Subclass 496 Graduate – Skilled Subclass 497 Skilled – Onshore Independent New Zealand Citizen Subclass 861 Skilled – Onshore Australian-sponsored New Zealand Citizen Subclass 862 Skilled – Onshore Designated Area-sponsored New Zealand Citizen Subclass 863 Skilled – Independent Overseas Student Subclass 880 Skilled – Australian-sponsored Subclass 881 Skilled – Designated Area-sponsored Overseas Student Subclass 882 Skilled – Independent Subclass 885 Skilled – Sponsored Subclass 886 GSM visas NOT subject to priority processing Skilled – Recognised Graduate Subclass 476 Skilled – Designated Area – Sponsored (Residence) Subclass 883 Skilled – Regional Subclass 887. Processing priority for subclass 485 applications applications from people who have completed an Australian Doctor of Philosophy (PHD) at an Australian educational institution in Australia applications from people who have nominated an occupation on the CSL applications from people who have completed an Australian Bachelor degree and Australian Masters degree at an Australian educational institution in Australia applications from people who have completed an Australian Bachelor degree and Australian Honours degree (at least upper second class level) at an Australian educational institution in Australia applications from people who have completed an Australian Bachelor degree or Australian Masters degree at an Australian educational institution in Australia all other valid applications are to be processed in the order in which they are received. Processing priority for Business Skills (Provisional) visa applications applications from people who are sponsored by the Commonwealth or a State/Territory government all other valid applications are to be processed in the order in which they are received. DIAC’s estimated processing times Applications with nominated occupation on CLS: within 12 months of lodgement If 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 before the end of 2009, it is unlikely that your visa will be finalised before the end of 2012. If your nominated occupation is not on the CSL and you applied for an onshore GSM visa or intend to apply for an onshore GSM before the end of 2009, it is unlikely that your visa will be finalised before the end of 2011. Your ‘nominated occupation’ is the occupation you nominated at the time you lodged your application and cannot be changed.

Student Visa Checks Strengthened for some countries

On 20 August 2009, the Department of Immigration announced the strengthening of checks on student visa application to prevent fraud and ensure student have the financial capacity to live and stay in Australia.

As one of the measures to strengthen integrity, the department will be strengthening checks around parts of the student visa case load in India, Mauritius, Nepal, Brazil, Zimbabwe and Pakistan.

What are these measures?

The measures implemented with immediate effect include:

• upgrading the interview program to confirm the genuineness of the applicant and to check financial capacity
• removing or restricting eVisa access for some agents where there is evidence of fraud or inactivity
• restricting access to eVisa for some segments of the case load if analysis demonstrates restricted access would allow for better control.

The purpose of undertaking these measures is to ensure genuine students receive high quality education and enjoy their experience in Australia. These measure build on work already conducted across the Student visa program to combat fraud.

This approach is consistent with other countries that receive large numbers of student visa applications.

All Student visa applicants are subject to standard immigration checks which include health, character and security checks. In addition, all applicants for a Student visa must show that they have a genuine intention to enter Australia for the purpose of study. The evidence required to meet this requirement varies according to the level of immigration risk of the visa applicant, which is determined based on objective data. All Student visa applicants must meet certain financial, English language proficiency and other requirements (including educational attainment).

The department routinely seeks further information to verify the evidence provided with visa applications. The precise checks to be undertaken will be determined on a case by case basis. This will include face to face, or phone interviews for some applicants.

Will these checks lead to processing delays?

Prospective students are encouraged to apply well before their intended course commences in Australia and to ensure their application is complete. Incomplete applications without all relevant documents can cause delays in processing an application. For students applying through eVisa from outside Australia, they can lodge their application up to three months before their course commences. For students lodging paper visa applications, they can lodge up to four months before their course commences.

Changes to SA List of Occupations for Provisional Sponsorships

The General Skilled Migration section of Immigration SA has advised of the following changes.

Immigration SA has amended the List of Occupations for Provisional Sponsorships. Planning levels have been attached to all occupations on both Lists. Once the planning levels have been reached they are removed from the respective list/s.

However, Immigration SA has decided not to remove the following occupations even though they have reached their planning levels in order to continue to provide the opportunity to nominate under these occupations until the new lists are finalised. However, in order that the labour market is not saturated with potential applicants seeking employment in these areas, Immigration SA has imposed a job offer criteria to the occupations:

• Intelligence Officer
• Librarian
• Office manager
• Recreation officer

Immigration SA will assure that any sponsorship application submitted up to Thursday 17 September under these occupations will be honoured provided that all the supporting documents are received before the 60 day period.

The 2009/2010 Permanent and Provisional Lists are being revised.

English Language Requirements for Student Visa Applications

As a result of a recent court decision, the IELTS test for student visa applications can be done after the date of application but before date of decision.

In a unanimous decision of the Full Federal Court of Australia, dated 21 August 2009, the Court concluded the only limitation on when an IELTS test can be taken is that it must be taken no earlier than two years before the date of the application. That is, the provisions of "taken less than 2 years before the date of application" do not prevent a visa applicant from relying on the results of an IELTS test taken after the date of the visa application.

The Full Court's decision concerned the English language proficiency requirement, applicable to certain Student visa applications. At issue was the period in which Student visa applicants must sit a successful IELTS test.