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Skilled Migration: Prioritisation is the Name of the Game (or, How to Get to the Front of the Queue)
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| Author: |
Alan Collett |
| Date: |
Thursday, July 08, 2010 |
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Skilled migration used to be a straightforward process, at least for those in the UK. Processing times were well known, and changes to requirements were infrequent. So what has gone wrong?
As regular readers of Go Matilda News will know, there have been many changes to the skilled migration program in the last 18 months. These derive mainly from a desire on the part of Australia's Immigration Minister to be seen to manage the migration program to the better good of the nation, allied to a demand for visas that is significantly in excess of the available supply - not least because of the significant number of individuals who have pursued tertiary study in Australia as international students as a precursor to applying for skilled permanent residency visas.
Although we believe there are still some changes to come to the skilled migration program (an amendment to the points test being one that is anticipated over the next 12 months), we are of the view that substantially all of the material changes have now been made known - among the most important of which has been the alteration to the priorities affecting the processing of skilled visa applications, allied to the introduction of the concept of sponsorship under State Migration Plans.
By way of background, Australia's Immigration Minister can require his Department to process visa applications in a particular order of priority using what is called a "Ministerial Direction". In truth, Ministerial Directions have been in place for many years, but it is only following the election of the present Government in late 2007 that the Immigration Minister has made use of his powers under the Migration Act to effectively micro-manage the skilled program.
So where does that leave intending skilled migrants - and indeed those who have visa applications already submitted with the Department of Immigration?
What is now clear is the significance of State Migration Plans to the strategy of many intending skilled migrants. We have discussed State Migration Plans in previous articles, but for ease of reference:
* State Migration Plans are to provide a list of skilled occupations that are capable of being sponsored by State or Territory Governments in Australia, after the SMP has been approved by the Federal Government.
* Each State and Territory Government will have its own SMP, with its own requirements to be satisfied prior to sponsorship being granted.
* SMP sponsorship will require a skilled visa application to be processed by the Department of Immigration with the highest possible priority, with the exception of applicants who are being sponsored for the grant of a permanent residency visa by an employer. In this regard it should be noted that the Department of Immigration is indicating processing timelines of 2+ years for visa applications that are lodged under one of the lesser priority categories, such as those that are non-State sponsored.
* SMP sponsorship will also facilitate a visa application with a reduced points threshold of 100, compared with a non-sponsored Skilled Independent visa application where the points required are at least 120. In practice, following the removal of the Migration Occupations in Demand List in February 2010 it has been very difficult (if not impossible) for most overseas based skilled migrants over the age of 34 to secure enough points as to pass the Skilled Independent visa pass mark.
In other words, securing sponsorship under a SMP is now pivotal to the prospects of a successful skilled visa application within a reasonable timeframe.
So where are the lists of occupations that allow intending skilled migrants to apply for sponsorship under the State Migration Plans? This is the million $ question at the moment as no SMPs have been published. However, present indications from our discussions with the State and Territory Governments are that occupation lists and sponsorship requirements will be made known on or around the 1st of August, 2010, which is just over 3 weeks away at the time of writing this article.
Indeed, we anticipate that SMP occupation lists will include a large number of trade related occupations, which is good news for those with such occupations, as many trade skills occupations have been removed from the general Skilled Occupations List which pertains to applications for general non-sponsored Skilled Independent visas.
Keep a watch on Go Matilda News for breaking news on SMP occupations and the sponsorship process.
Go Matilda has years of experience and has helped thousands of families move to Australia. We progress our clients' visa applications quickly so if you are an intending skilled migrant and want to get ahead of the pack contact us for a free initial discussion.
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