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FEB 2010 Many Changes to Skilled Migration!
Posted on 8 Feb 2010 by Doulene Walker
All OFFSHORE GSM applications lodged before 1 September 2007 cancelled
All OFFSHORE GSM applications lodged before 1 September 2007 will be withdrawn from processing and the applicants will have their visa application charge refunded. This does not apply to onshore pre 1 September 2007 GSM applicants.
This will affect about 20,000 applicants.
This has been done under Section 39 of the Migration Act 1958, whereby if the number of visa applications in a particular class exceeds a number fixed by the Minister, any outstanding applications beyond that number are taken not to have been made.
It is not clear when this is actually going to happen. DIAC states that the Australian Government has decided to cap and cease these visas. Capping and ceasing can happen when the number of applications has exceeded a number fixed by the Minister, but the Minister seems not to have fixed that number yet.
Offshore GSM applications made before 1 September 2007 and which are currently at the Migration Review Tribunal will be subject to this change.
See DIAC information Sheet: Changes to offshore General Skilled Migration visa applications received before 1 September 2007
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Removal of MODL
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The Migration Occupation in Demand List (MODL) has been revoked.
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 and 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.
This new MODL has the same occupations listed as the previous MODL.It is, of course, still possible to lodge a GSM application now, but MODL points are not now available for new applications.See DIAC Information Sheet: Outcomes of the Migration Occupation in Demand List review—frequently asked questions |
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New Skilled Occupation List second half of 2010
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A new SOL will come into effect from mid-2010 for all GSM applications lodged on or after that mid-2010 date, except GSM applicants who at the date of announcement ( 8 February 2010):
- 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.
The new SOL will not apply to people applying for a Skilled—Graduate (subclass 485) visa who at 8 February 2010 held a:
- Vocational Education and Training Sector (subclass 572) visa
- Higher Education Sector (subclass 573) visa
- Postgraduate Research Sector (subclass 574) visa.
However these student visa holders will be required to have an occupation on the new SOL to apply for a permanent GSM visa.State and Territory governments may be able to offer nomination to GSM applicants with occupations not on the SOL if it is in accordance with “a state migration plan approved by the Minister”.See DIAC Information Sheet: Changes to the current Skilled Occupation ListThe Minister said in his speech that “the new list will be published by the end of April so prospective migrants have a couple of months forewarning before it takes effect”.
The new Skilled Occupation List will be determined by Skills Australia , “an independent statutory body, providing advice to the Minister for Education, Employment and Workplace Relations on Australia’s current, emerging and future workforce skills needs and workforce development needs”.
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Changes to Priority Processing from 8 February 2010
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The new priorities groups are:1. ENS and RSMS applications (highest priority)2. Applications nominated by a state/territory government “under a state migration plan agree to by the Minister”3. Applications nominated by a state/territory government and nominated occupation is on the CSL4. Applications not sponsored or state/territory nominated, with nominated occupation is on the CSL, but not in groups 1, 2 or 35. Applications nominated by a state/territory government and nominated occupation is not on the CSL6. Applications with nominated occupation on the MODL7. All other applications processed in the order they are receivedPriority processing applies to the following visa sub-classes:
134, 136, 137, 138, 139, 175, 176, 475, 487, 495, 496, 497, 861, 862, 863, 880, 881, 882, 885, 886.These changes apply to all applications in the pipeline and to applications lodged after 8 February 2010.Priority processing does NOT apply to: 476, 485, 883, 887Applications with the MRT are not subject to priority processing if they are remitted to DIACSee DIAC Information Sheet: Changes to Priority Processing
The new processing priorities are contained in the new Ministerial Direction 45 - Order of consideration – certain skilled migration visas
| Critical Skills List and Priority Processing |
| The Critical Skills List (CSL) will be abolished when the new Skilled Occupation List comes into place in mid-2010.Priority processing arrangements using the CSL will continue for permanent skilled migration until they are reviewed in 2010.See DIAC Information Sheet: Revoking the Critical Skills List |
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| State migrant plan |
| State migration plans are to be developed by the state and territory governments and will included occupations that are in demand for each state or territory. They have to be approved by the Minister for Immigration and Citizenship. None has yet been approved. |
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| Review of GSM Points Test |
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There will be a review of the GSM Points Test in the first half of 2010.
See DIAC Information Sheet: General Skilled Migration (GSM) Points Test ReviewThe Minster said in his speech that the review would consider:
- should some occupations warrant more points than others?
- are the points for age properly calibrated?
- should points be awarded for qualifications acquired overseas from prestigious universities?
- are sufficient points awarded for experience?
- should more points be awarded for excellence in English?
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| Advice for onshore international students |
Given the current and future changes to the GSM program, many international students will have concerns and questions about their future options. DIAC has provided some advice in the Information Sheet: Onshore international students.However, students must also be advised that until details of a new SOL or any changes to the Points Test are announced, there can be no certainty.
See also Minister’s Media Release: Options remain for overseas students |
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| Skills assessment for GSM applicants nominating a trade occupation |
DIAC has provided some clarification of skills assessment requirements for GSM applicants from 1 January 2010 who nominate a trade occupation.
The amendments introduced on 1 January 2010 require applicant who nominate a trade occupation to provide a skills assessment dated on or after 1 January 2010.
DIAC now says that those people will be able to use an existing (that is, pre- 1 January 2010) skills assessment:
It is intended that in the future, 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.
GSM Applicants who nominate a trade occupation and who do not have a pre-1 January 2010 skills assessment will have to satisfy the Job Ready Program (JRP) skills assessment requirements.See DIAC Information Sheet: Changes to the skills assessment requirements for GSM applicants nominating a trade occupation
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| In the future |
| The Minster intends to amend the Migration Act to give him powers to set the maximum number of visas that may be granted to applicants in any one occupation.Minister has asked DIAC to explore the feasibility of introducing a new system where applicants initially put forward their claim for skilled migration, and are then selected as candidates by employers, State and Territory governments, or by the Commonwealth.Top priority will continue to be given to employer sponsored migration. As there is a fixed number of places for all skilled migration, as the number of employer sponsored migrants increases, the number of independent skilled migrants will decrease.See Minister’s Media Release – 8 February 2010: Migration reforms to deliver Australia's skills needsSee Minister’s speech: Changes to Australia's skilled migration program |
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