GSM Programme Requirements - post 01/09/2007

The General Skilled Migration (GSM) programme is intended to provide for the migration of young and highly skilled people to Australia who will quickly make a contribution to Australia's economy.

All GSM main applicants must meet the Threshold requirements, a Points Test for most of the visa subclasses, and other requirements including the Health and Character requirements.

(1) Threshold Requirements:

Three minimum threshold requirements of Age, English and Skills must be met by the main applicant of all GSM visa categories.

• Age - must be 45 year or under when application is lodged;
• English - must have Competent English/IELTS 6;
  Exceptions apply to:
  
  • applicants with a Trade occupation - Vocational English (IELTS 5); and
  • applicants for a Provisional visa who have paid for English language tuition to the participating State/Territory: Concessional Competent English (IELTS 5.5);

  (Note - Offshore and Onshore Permanent visa applicants must provide English test results at the time of application. Onshore Provisional visa applicants must also provide English test results at the time of application from 27/10/2008. Specified passport holders will be considered to have met the English language threshold without a test results. All applicants seeking to claim additional points for English must take an English test. Test Results dated within 24 months before application is acceptable by DIAC.)

• Skills - include the following components:
  • Occupation - must nominate an 'Occupation' from the Skilled Occupation List (SOL) and cannot change the nominated occupation.
  • Skills Assessment - must have your Skills assessed by the relevant assessing authority as suitable for the nominated 'Occupation'.
    (Note - Applicants for an Offshore Permanent or Provisional visa will need to provide the Skills Assessment results at the time of application. Applicants for an Onshore Permanent or Provisional Visa will need to demonstrate they have have applied for a Skills Assessment at the time they apply.)
  • Recent Work Experience - been employed in an occupation on the Skilled Occupation List (SOL) for at least 12 of the last 24 months before you apply.
  • Work Experience Waiver - available to overseas students who can meet the 'Two Year Study Rule'.

Two Year Study Rule - for overseas students

An applicant must have completed one or more degree, diploma or trade qualification for award by an Australian educational institution as a result of a course or courses, which are:-

• registered on CRICOS;
• completed as a result of at least two academic years study;
• completed in a total of no less than 92 weeks;
• that the applicant studied in Australia while holding a visa that allowed study;
• for which all instruction was conducted in English.

Applicants will need to demonstrate that they:

• met the two year requirement in the last 6 months; and
• their studies were ‘closely related’ to their nominated occupation.

If you cannot meet the Threshold requirements, you will NOT be eligible for General Skilled Migration.

(2) Points Test:

If you however satisfy the threshold requirements, most GSM visa applicants are required to then pass a Points Test, the pass mark varies depending on the visa subclass you select. In addition, each subclass prescribes its own criteria with reference to the points test.

(3) Health and Character Requirements:

Once you have satisfied the threshold and points test requirements, you and your family must meet the health and character requirements. Please note the ‘one fails, all fail’ test for all permanent residence visa applications.

From the above brief overview, you will appreciate that application for migration to Australia under the General Skilled Migration Program is complex both in its legal and procedural context. Our immigration lawyers and registered migration agents have extensive experience in Australian immigration law and procedures and are able to assist you in strategically planning your visa application from the preliminary stage through to post visa grant. Expert and timely advice in relation to matters such as selecting the appropriate visa category, your nominated occupation, timely collection and collation of relevant and sufficient documentary evidence in support of both your skills assessment, English test and visa application are critical to the success of your permanent residence visa application.

New Zealand Citizens

From 1/9/2007, New Zealand citizens (SCV 444 holders) applying for GSM visas in Australia will now apply for an offshore GSM visa, regardless of where they are in the world. These include:

• Skilled Independent (subclass 175) visa
• Skilled Sponsored (subclass 176) visa, or
• Skilled Regional Sponsored (subclass 475) visa.

Special Category Visa (SCV) 444 holders will be eligible to apply for an offshore GSM visa while onshore in Australia.

For further information regarding the GSM visas, please contact our office for details.