General Skilled Migration update from Canberra
At meetings this week in Canberra with the Minister’s Senior Adviser, and with senior Departmental Officers, clarification was obtained on several issues:
1.GSM applications lodged before new SOL
Any GSM applications lodged between now and when the new Skilled Occupation List (SOL) comes into effect in mid-2010 will be assessed on requirements current at the time of application. That means that they will be assessed on the current SOL, and not the new SOL.
Such applications will of course not be able to claim MODL points.
2.Capping and Ceasing of Pre 1 September 2007 Offshore Applications
The capping and ceasing of these offshore applications is likely to happen in March. The Minister’s office has advised us that department will be looking closely at these applications where the applicant is actually onshore, and in some cases (eg, where they have been onshore for a considerable period of time and have children who have been in school in Australia for a long time) consideration may be given to granting those visas, or to guide them to another visa option.
It is strongly advised that if you have clients who lodged an offshore GSM application before 1 September 2007 and who are currently in Australia, you should contact DIAC to discuss their situation.
The refunds for application which are capped and ceased will be made to the person who paid for the application. Refunds will be by cheque, or by electronic banking where DIAC has those details.
3.Review of the General Skilled Migration Points Test – Discussion Paper
The Commonwealth Government has issued a Discussion Paper on a review of the Points Test for General Skilled Migration.
Suggestions or comments should be sent to the Assistant Secretary, Labour Market Branch at firstname.lastname@example.org by Friday 12 March 2010.
4.MODL and ENS/RSMS applications.
DIAC has just issued a FAQs information sheet which states that it will no longer allow nominators or applicants to seek exceptional circumstances because the nominated occupation was previously on MODL.
These FAQs do not appear to be on the DIAC website yet, but can be found here.
Legislative Instrument IMMI 10/001, which revoked the MODL, specified a new MODL (the same as the previous one) which is solely for those people who at 8 February 2010:
撤销了原有的MODL，详细规定了新的 MODL（和原有的MODLE一样）的法律文书IMMI 10/001，将于2010年2月8日专门适用于以下申请人：
• 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.
MODL points can still be claimed by people, who at 8 February 2010 were:
• holders of a subclass 485 visa granted before 8 February 2010
• applicants for a subclass 485 visa lodged before 8 February 2010, or
• applicants for a GSM visa lodged before 8 February 2010.
These applicants must lodge their GSM application by 31 December 2012.
5.Job Ready Program
In the DIAC information on 8 February 2010, it was stated that DIAC would, in the future, accept pre-1 January 2010 TRA skills assessments, and that “ It is intended that these arrangements commence in the first quarter of 2010.”
DIAC cannot give a more precise date for this, as it requires legislative changes which have to be slotted into the Government’s already full legislative agenda. It is still hoped that it will be in the first quarter of this year.
This means that, at the moment, people lodging an application with a nominated trade occupation cannot use a pre-1 January 2010 TRA assessment, and will have to obtain a new one.
6.485 visa processing
DIAC will be putting more resources into processing Subclass 485 visa applications.