Victorian Government Releases Its State Migration Plan
Victoria is the first state to implement the State Migration Plan (SMP) since the major reform in the General Skills Migration Program on 1st July 2010, ending the long and anxious wait for many potential GSM visa applicants.
Under the Victorian SMP, a total of 4500 places is available for visa grants in the 2010-11 financial year. This includes the primary visa applicants and their accompanying family members.
To be eligible, applicants generally need to satisfy the basic DIAC visa requirements, as well as additional criteria for the Victorian government sponsorship.
Applicants are generally required to nominate an occupation on the eligibility list, minimum two years or more of post qualification work experience, score competent English or above. Many occupations such as accountants and engineers have higher English requirements where proficient English is required. Victorian government does not participate in the concessional English program.
Subclass 475 and 487 sponsorship applicants are required to have offer of employment by a Victorian employer in an occupation on the eligibility list.
Subclass 886 sponsorship applicants may be required to have an offer of employment or minimum number of years of experience in the nominated occupation.
Though there is no strict job offer requirement for subclass 176 sponsorship applications, a minimum number of years of experience in the nominated occupation or minimum English language standards may be required.
Current students studying in Victoria may apply for subclass 176 sponsorship. They must have worked in their nominated occupation within the past twelve months.
For further information please visit the Victorian Government website.
Please contact Jack Li in our office should you require further information.
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.
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