Welcome to Parish Patience Immigration Lawyers
Australia's premier immigration law
specialists
Parish Patience Immigration provide a full range of immigration and visa services.
Managing partner David Bitel is
accredited as Specialists in Immigration Law by the Law
Society of New South Wales.
Our professionals provide expert assistance with:
- Onshore & offshore applications
- Temporary & permanent residence
- Skilled, employment & business
- Students, visitors, holidaymakers
- Family, partner & spouse
- Sportspersons & distinguished talent
- Refugees & asylum seekers
- Visa cancellation
- Detention & deportation
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- Health or character matters
- Migration Review Tribunal (MRT)
- Refugee Review Tribunal (RRT)
- Administrative Appeals Tribunal (AAT)
- Appeals to Federal Magistrates Service, Federal Court & High
Court
- Citizenship
- All other visas & immigration related matters
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What's New
The long waited new SOL list was finally released by DIAC on 1 July 2010. The new list is based on the new Australian and New Zealand Standard Classification of Occupations (ANZSCO) replacing the Australian Standard of Classification of Occupations (ASCO) previously used. Readers should be aware there are significant changes in the classifications of occupations and criteria in the ANZSCO compared to ASCO. For instance, Accountants are subdivided into Accountant (general), Management Accountant and Taxation Accountant. Compulsory registration or licensing is required for Accountants.
State and Territory governments may also sponsor applicants with occupations not on the new SOL under the new state/territory migration plans which are expected to be implemented in the second half of 2010.
For assessment of eligibility to apply for a general skilled visa, please contact our office for individual advice.
For detailed summary of recent changes to the General Skills Migration Program, please refer to the DIAC website.
You may have already been aware of the recent changes on 08 February 2010 in the General Skilled Migration Program announced by the Minister for Immigration and Citizenship, Chris Evans. We now summarise for your information the further advice from the Migration Institute of Australia (MIA) in relation to these changes:
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All OFFSHORE GSM applications lodged before 1 September 2007 will be withdrawn from processing and the applicants will have their visa application charge refunded.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.
Offshore GSM applications made before 1 September 2007 and which are currently at the Migration Review Tribunal will be subject to this change.
The Migration Review Tribunal is considering its refund policy in relation to these cases and we will advise you we hear further if you have a pending application for review with the MRT.
Removal of MODL
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:
- held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or
- 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.
New Skilled Occupation List second half of 2010
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.
Current DIAC information suggests that applications lodged between 08 February 2010 and Mid 2010 will be assessed on the Skilled Occupation List at the time the application was lodged. However, there is still no information about this. We will advise when we hear further.
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”.
We assume that the Minister will give prospective migrants a couple of months before the new Skilled Occupations List takes effect. We will advise once this has been confirmed.
The new Skilled Occupation List will be determined by Skills Australia, which is an independent statutory body.
Changes to Priority Processing from 8 February 2010
The new priorities groups are:
- ENS and RSMS applications (highest priority)
- Applications nominated by a state/territory government “under a state migration plan agree to by the Minister”
- Applications nominated by a state/territory government and nominated occupation is on the CSL
- Applications not sponsored or state/territory nominated, with nominated occupation is on the CSL, but not in groups 1, 2 or 3
- Applications nominated by a state/territory government and nominated occupation is not on the CSL
- Applications with nominated occupation on the MODL
- All other applications processed in the order they are received
Priority 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, 887
Applications with the MRT are not subject to priority processing if they are remitted to DIAC
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.
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.
Review of GSM Points Test
There will be a review of the GSM Points Test in the first half of 2010.
The 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?
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.
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.
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.
We are awaiting further advice about how and when this will be announced or come into effect.
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.
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.
In addition you will be aware that significant changes took place on 01 January 2010 and we provide the following links to the DIAC website which contain summaries of the major changes relating to:
If your wish to discuss the impact of these changes on your case please make an appointment to meet our Mr David Bitel, Accredited Specialist in Immigration Law, MARN 9255523 or one of the other migration agents in our office. A consultation fee will apply (Please understand that we are now receiving a large number of enquiries daily and are in consequence heavily booked for several weeks. We are not able to provide detailed client specific advice by email, because of the need to tailor the advice to each individual case. If you wish an appointment please contact us to arrange it.
Visa application charge exemptions for students affected by an education provider closure
On 9 November 2009, the Minister for Immigration and Citizenship announced that under new changes, international students affected by the closure of their education provider in 2009 will be eligible to apply for a refund of their visa application charge. The new changes will apply to affected students who need to apply for a further Student visa to complete their studies at a new institution.
It is also proposed to introduce a visa application charge exemption for students affected by the closure of their education provider from 1 January 2010.
Proposed changes to student visa living costs and evidence of funds
The Government has also announced that Regulation changes are being proposed to increase the living cost requirement from $12,000 per year to $18,000 per year for the Student and for family members. There will also be other significant changes. Subject to approval by Parliament and the Governor-General, these changes will come into effect from 1 January 2010.
See the following for more information:
On 7 October 2009 South Australia made new changes to their sponsorship occupation list and requirements. The most significant change effecting Australian graduates student is the inclusion of popular trade occupations such as cooks, pastry cooks, bakers and hairdressers in both the permanent and temporary visa categories. For the full list please refer to (http://www.migration.sa.gov.au/public/download.jsp?id=6604)
To be eligible applicants must also meet the minimum DIAC visa application criteria for the visa sought, as well as having minimum work experience. Applicants must have worked for remuneration in any skilled occupation on the SOL for at least one year minimum 20 hours a week for temporary sponsorship, or one year in the nominated occupation for permanent visa sponsorship.
Vocational English (IELTS individual band 5.0 or more) is still applicable for recent Australian graduates with trade occupations who apply before 1 January 2010.
1. Other changes relating to the professional and associate professional occupations are the increase in the required IELTS score to individual components of 6.5 or 7.0 in some occupations. Minimum score of 7.0 in IELTS and 3 years of relevant work experience are still applicable to accountants.
2. The removal of most business professional from the eligible list of occupation.
Please contact Jack Li in our office should you require further information.
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