2nd April 2010

More GSM changes
Capping pre 01/9/09 offshore visas
MODL revoked
New SOL and Points Test review
Only one Citizenship requirement from 1/7/10
Spouse Visa changes

I trust you all had a relaxing break over the Easter long weekend.

The recent changes to the General Skilled Migration (GSM) program have been massive and exhausting!Yet many more changes are still on the way, creating a climate of uncertainty and apprehension amongst would-be applicants.I have therefore prepared a summary of these changes.I hope this will allay some of these fears and enable our readers to assess their circumstances rationally.

Changes will continue to be fluid for some time, readers are encouraged to check the DIAC website for updates.

For Changes effective 1 January 2010 – please see Abacus Visa Alert – January 2010 edition

DIAC Ministerial Announcement – 8 February 2010

(1)Capping and Ceasing -pre 1/9/2007 Offshore GSM visas

On 8 February 2010, the Minister announced he would set (cap) a maximum number of offshore GSM applications lodged before 1/9/2007 that could be granted.Once the cap is reached, all offshore GSM applications lodged before 1/9/2007 will be ceased ie these applications will be taken not to have been made.Refunds of the visa application charge will be made to the payer of these applications.Other associated costs/fees incurred will not be refunded.

Up to 20,000 applications will be affected. The Minister's office has advised the MIA (Migration Institute of Australia) that DIAC 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 those who lodged an offshore GSM application before 1 September 2007 and who are currently in Australia,should contact DIAC to discuss their situation, or contact Abacus Visa for assistance.

(2)MODL revoked -from 8 February 2010

The MODL was revoked on 8 February 2010 and will apply to all GSM applications lodged on or after 8/12/2010.

Exceptions:

The revocation of the current MODL will not affect those who at 8 February 2010:

• hold a 485 visa or have a pending 485 visa application, and are yet to apply for a permanent or provisional GSM visa, and who apply for permanent or provisional GSM visa by 31/12/2012; or
• have a pending GSM visa application.

The removal of the MODL and its implication for the Employer Nominated Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS)

The MODL can no longer be used to support the claim for Exceptional Circumstances under the ENS and RSMS- for age, English and 3 years work experience requirements.

(3)New SOL (Skilled Occupation List) -from mid-2010

A new SOL will be announced on 30/4/2010 and take effect from mid 2010. The new SOL will be based on advice from 'Skills Australia' and will be reviewed annually.The SOL is likely to be reduced from 400 to 200 and will focus on high-value skills across the professions and trades.

The new SOL will apply to all visa applications made on or after this date, except to GSM applicants who at the date of announcement (8/2/2010):

• hold a 485 visa, or had a pending 485 application and had not yet lodged an application for a provisional or permanent GSM visa, and who make an application by 31/12/2012, or
• have a pending GSM visa application.

The new SOL will not apply to people applying for a 485 visa, who at 8 Feb 2010 hold a:

• 572 – VET sector visa
• 573 – Higher education sector visa
• 574 – Postgraduate Research sector visa

(Note – these student visa holders will be required to have an occupation on the new SOL to apply for a permanent GSM visa.)

Tips:Employers and State and Territory governments will still be able to sponsor applicants who have nominated an occupation not included in the new SOL – if the occupations is included in a State migration plan.

Who will be affected by the MODL and SOL changes?

Groups affected by the GSM changes	Revocation of MODL from 8/2/2010	New SOL from mid 2010
Current GSM applicants	NO	NO
485 visa applicants and holders as at 08/02/2010 yet to apply for a permanent or provisional GSM visa	NO – provided they apply for a permanent or provisional GSM visa by 31/12/2012.	NO – provided they apply for a permanent or provisional GSM visa by 31/12/2012.
572 (VET), 573 (Higher education) and 574 (Postgraduate) student visa holders as at 08/02/2010	YES	YES – provided they apply for a 485 visa prior to 31/12/2012.But they need to have an occupation on the new SOL when applying for their permanent GSM visa later on.
People who are considering applying for a GSM visa.	YES	YES

4) Trade applicants holding an existing skills assessment

From 12 March 2010, applicants who hold a skills assessment pre-dating 1/1/2010, can use this assessment when applying for either a 487, 885 or 886 visa.This means that applicants with an existing skills assessment will not need to be reassessed by TRA.

Note – Applicants applying for non-trade occupations are not subject to the Job Ready Program and can use an existing skills assessment for permanent migration.

5) New Priority Processing Arrangements

New PP arrangements for GSM visa came into effect on 8/2/2010 and apply to all GSM applications except 476, 485, 883 and 887 subclasses – in the following order: (Please note that PP arrangements are updated regularly by the government).

1. Employer sponsored under ENS and RSMS;
2. Nominated by a state/territory government agency under a State Migration Plan agreed to by the Minister;
3. Nominated by state/territory government and CSL nominated occupation;
4. CSL nominated occupation;
5. Nominated by S/T government and non-CSL nominated occupation;
6. MODL nominated occupation and sponsored by family and non-CSL nominated occupation;
7. All others processed in the order in which they are received.

Still More Changes are on the way!!

Capping by selection factors

The Minister intends to amend the Migration Act to give him power to set a quota on the maximum number of visas to be granted in particular occupations.This will ensure that the GSM is not dominated by a small number of occupations.

State and Territory-specific Migration Plans

State and Territory Migration Plans are being developed to complement the new SOL. This will provide states and territories more flexibility to sponsor applicants for a broad range of occupations which will not be on the new SOL.These plans will specify the number of applicants each state/territory government can nominate, and which occupations they can nominate skilled migrants for.

These plans will be in place by mid 2010 to coincide with the new SOL.Under the current priority processing Direction, applicants sponsored under a S/T Migration Plan are given the second highest priority.

Tips:As each State will have its own migration plan which will be updated regularly, applicants must do thoroughresearch of the various State governments websites for the latest information.

Points Test Review

The GSM Points Test Review is currently underway and the outcomes of the Review will be announced in mid 2010. The new Points Test is likely to take effect in the latter half of 2010.

At a recent presentation to the MIA members, DIAC provided the following information regarding the new Points Test.

A revised Points Test will:

• select migrants who offer the most human capital and will make an optimal contribution to Australia's economy;
• not preclude very good applicants from offshore or those in Australia;
• operate flexibly under both current arrangements and any future arrangements for the selection of skilled migrants;
• enable applicants with high value attributes across a number of area such as English language ability, academic qualifications and work experience to achieve the maximum number of points, and
• should not give undue weight to any one factor to avoid distortions in the program.

Factors being considered under the Points Test Review:

• Should some occupation be awarded more points than others, or no points awarded for occupation?
• Points for overseas qualifications from prestigious universities?
• English language ability;
• Are points for the Age factor properly calibrated?
• More points for higher degree qualifications?
• More points for a qualified partner?
• Sponsorship points.

The above would suggest that English, work experience, higher education level are again the major factors for consideration!

Future of the GSM and implications to would-be applicants

The recent changes to the GSM program have been swift, dramatic and complex – though not unexpected!Abacus Visa has been warning about these changes for some time.All GSM visas are affected – with offshore applications made before 1/9/2007 the most drastically.

From 1/1/2010, we have seen the tightening of the requirements for skills assessments and the introduction of provisional skills assessments by both the TRA (trade) and Vetassess (most generic occupations).TRA has implemented a 4-step Job Ready Program, and now requires IELTS results of 6 in all band scores in support of the first step provisional skills assessment.Vetassess, on the other hand, requires relevant work experience for permanent skills assessment; and will only provide work experience waiver to provisional skills assessment applications..

These changes to the skills assessment requirements make it nearly impossible for overseas students completing their initial qualifications to apply for permanent visa right away. Many will have to apply for the subclass 485 (Skilled Graduate visa) first, then seek relevant employment before they are able to proceed to the permanent visa stage.

Even after obtaining a 458 visa, the pathway to PR is long,made more uncertain by the recent removal of the MODL and the soon-to-be released SOL.A new Points Test in the latter part of this year will most certainly further restrict their chances to apply permanent residency.

However, it is important to know that the GSM will continue to be open to those who can meet these higher criteria – including higher level of education, employability and English.The government makes it clear that they favour those people who are already employed in Australia and will continue to give top priority to the employer sponsored visas.As there is a limited number of places for the entire GSM program, the number of independent skilled migrants (be they on or offshore) will be reduced.

Overseas students will serve themselves better by focusing on the best educational outcome whilst studying in Australia and integrating with the larger Australian communities.This will go a long way toward increasing their employment opportunities on completion of their study – the best pathway to permanent residency in Australia.

Indeed, the current and future changes to the entire GSM program raise plenty of concerns for all GSM applicants, including many international students.Unfortunately, until details of the new SOL and changes to the Points Test are known, there can be no certainty.

The legal requirements, together with a plethora of transitional legislations, make the GSM pathways both complex to understand and hazardous to navigate.Applicants are advised to seek quality advice from reputable migration professionals in Australia.

OTHER CHANGES

Citizenship Residence Requirements – from 1 July 2010.

From 1 July 2010, all citizenship applicants will need to meet this residence requirement at the time they apply for Australian citizenship.

• You must have been living in Australia on a valid Australian visa for 4 years immediately before applying, including 1 year as a permanent resident, and
• You must not have been absent from Australia for more than 1 year during the 4 year period, including no more than 90 days in the year immediately before applying.

On 1/7/2010, the transitional arrangements will cease, and there will only be one general residence requirement which everyone aged 16 and over will be required to meet.

Spouse/Partner Visas

1. 801visa – applicants can be offshore at time of grant
   From 27 March 2010, Migration Regulations were amended to allow subclass 801 – partner visa to be granted to applicant who is outside of Australia.
   
   
2. Long-term partner relationship-reduced from 5 years to 3 years.
   The definition of 'long-term partner relationship' has been amended by replacing the minimum spouse or de facto partner relationship period required to qualify for a permanent Partner visa, from 5 years to 3 years.Applied to applications made on or after 27 March 2010.
   
   
3. De facto 12 month relationship – exempt if State registered
   De facto partner who have registered their relationship with a State are exempt from the 12 month relationship requirement.This change applies to applications made on or after 9 November 2009.Different states may have different requirements and applicants must check with the relevant State for information.

Business Skills Visa – Capped for 2009-2010 Financial Year

On 18/3/2010, a cap of 6530 was imposed on a number of business skills visas.The granting of these business visas has not yet stopped.But once the 6530 quota is reached, no further visas will be granted until after 30 June 2010.Subclass – 160, 161, 162, 163, 164, 165 (provisional), and 132 (permanent) are affected.

(Source DIAC and MIA)