New changes to General Skilled Migration Program
On 8 February 2010, the Minister for Immigration and Citizenship, Senator Chris Evans announced new changes to the General Skilled Migration Program and access to permanent residency by international students.
The new changes include:
1. Invalidating offshore general skilled migration applications lodged before 1 September 2007. It is expected about 20,000 applications are affected by this change and applicants will receive a refund of their visa application fee. The refund does not include associated costs such as medical examination costs, police checks and costs related to undertaking English examinations and skills assessment which were associated with the visa application.
2. The Migration Occupations in Demand List (MODL) has been revoked and a new Skilled Occupation List (SOL) will be introduced by 30 April 2010. The Critical Skills List (CSL) will be phased out.
3. The “points tests” used to assess migrants on their qualifications, English language skills and experience will be overhauled.
4. Certain occupations may be capped. This means only a certain number of visas may be granted to applicants in any one occupation.
5. New state/territory migration plans to be developed to prioritise skilled migrants of particular occupations for specific states/territories. Applicants nominated by a state or territory government under their State Migration Plan will receive priority processing.
6. First priority is given to skilled migrants sponsored by an Australian employer, under the Employer Nomination Scheme or Regional Sponsored Migration Scheme.
7. International students holding certain student visas (Vocational, Higher Education, Postgraduate student visas) may still apply for a permanent visa if their occupation is on the new SOL. Current students have until 31 December 2012 to apply for a temporary skilled graduate visa (subclass 485, “TR”) upon completion of their course. These students nominating occupations not on the new SOL, will have 18 months on their subclass 485 to gain work experience and seek sponsorship from an Australian employer.
If you would like further information about these changes and how they may affect your immigration status, please do not hesitate to contact our office on (03) 9329 8744 or info@erskinerodan.com.au.
Australian Immigration Law
Australia’s immigration laws are complex and ever changing, and are governed by the Federal Government of Australia. The Department of Immigration is responsible for managing the immigration system in Australia, and it regulates the arrival and departure of people who do not hold Australian passports. There is extensive legislation in this area of law, with the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) (including various schedules), and various gazette notices being the principal sources of law.
At any time, the Federal Government can have dozens of changes pending approval. This area of law changes quickly, and it is vitally important to be aware of the current rules relating to a visa.
Under Australian Immigration Law, people who do not hold Australian passports require a visa to enter Australia. A visa prescribes the length of time a person may remain in Australia and what they are able to do during their stay. At present, there are more than 130 different visa types available in Australia. Each visa subclass has its own set of specific criteria which a person must meet to be granted a visa.
In Australia, any person who gives immigration assistance must be registered through the Migration Agents Registration Authority (MARA) and must give advice in accordance with the MARA Code of Conduct. Immigration lawyers who are also registered migration agents can assist with making initial visa applications as well as represent you in Tribunals and Court proceedings.