Immigration News

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1 January 2010 legislative change – suitable skills assessment as a validity requirement for onshore GSM visas

Posted on 1 Jan 2010 by Alex Graham

Pre 1 January 2010, applicants applying for permanent migration based on one of the onshore General Skilled Migration (GSM) visa subclasses were required, at time of application, to provide evidence that they had applied for a skills assessment by the relevant assessing authority. At time of decision, a suitable skills assessment was required.

From 1 January 2010, applicants applying for one of the following onshore GSM visa subclasses will be required to have obtained a suitable skills assessment prior to applying for migration in order for the application to be valid and assessed by the department for a decision:

Applications that do not include a suitable skills assessment will be invalid and returned to the applicant, or where applicable, the authorised recipient. The application will not be eligible for a visa decision.

All occupations eligible for migration under the above visa subclasses will be required to meet this requirement. The change is supported by an amendment to the Migration Regulations 1994. The change will affect applications lodged on or after 1 January 2010.

Due to this change, applicants will no longer be able to provide evidence that they have applied for a skills assessment in their nominated occupation with the relevant assessing authority as allowed pre 1 January 2010. Applicants must have obtained a suitable skills assessment in order to lodge a valid visa application and for it to be considered by the department.

Remember, a suitable skills assessment means a skills assessment issued by the relevant assessing authority stating that your skills are suitable to perform the tasks required as part of your nominated occupation. The occupation you are assessed for must be the same occupation as stated in your visa application.

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