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Skilled Migration: FAQs in the Brave New World
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| Author: |
Alan Collett |
| Date: |
Tuesday, July 20, 2010 |
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Many skilled visa applicants are being affected by the introduction of technical changes to Australia's migration regulations, including the introduction of State Migration Plans.
Here we provide answers to some FAQs, following our exchanges with the Department of Immigration.
I have obtained sponsorship from an Australian State Government under the pre-1st July 2010 regime, and I have lodged my skilled visa application before the skilled program was temporarily suspended on the 8th of May, 2010.
If my occupation also appears on a State Migration Plan what will I have to do to ensure my visa application is processed under category 2 in the priority processing list that was published on the 19th of July, 2010?
If your nominated occupation is included on the relevant State Migration Plan the visa application will be moved to the second highest priority under the new Ministerial Processing Direction.
The Department of Immigration's systems should allow for this process to take place without intervention on the part of the visa applicant, although it would be prudent for the applicant (or the migration agent if one is appointed) to advise the Skilled Processing Centre that the applicant has been sponsored under a SMP.
The relevant State or Territory Government will not be required to submit a further form 1100 for this to occur.
If "old style" sponsorship has been secured from a State or Territory Government and the visa application has not yet been lodged, will there be a cut off date after which a visa application supported by this sponsorship will not be capable of being submitted?
From the 1st of July, 2010 a skilled visa application that is not sponsored by a State or Territory Government under a State Migration Plan can only be submitted where the occupation is on the new Skilled Occupations List.
Note: From now on States and Territories can only nominate an applicant for a skilled visa under "old style sponsorship" where the applicant's occupation is on Schedule 3 - ie the new Skilled Occupations List.
A larger number of occupations, as set out in Schedule 4, are capable of being included on the new State Migration Plans.
If an application is submitted for a subclass 176 visa on the basis of family sponsorship and sponsorship under a State Migration Plan subsequently becomes possible, will it be possible for the application to transition to a higher processing priority by securing State or Territory sponsorship?
Similarly, can a subclass 175 visa application be processed as a State or Territory Sponsored subclass 176 if sponsorship is obtained after the visa application has been lodged with the Department of Immigration?
Skilled State/Territory Sponsored visa applications submitted after the 1st of July, 2010 are required to have the sponsorship in place at the time the visa application is submitted to the Department of Immigration, and at the time the visa application is decided.
This means that it is no longer possible for a non-State Sponsored visa application to be submitted to DIAC and for that application to transition to a State Sponsored application. Such applications will not meet the requirement for the application to be State Sponsored at the time of application submission, and the visa decision.
An application for a subclass 175 Skilled Independent visa that was lodged before the 1st of July, 2010 can though continue to benefit from State or Territory sponsorship, whether obtained before or after the 1st of July, 2010.
It is generally recommended that a visa applicant - or his/her appointed migration agent - advises the Skilled Processing Centre in the event that State Sponsorship is secured after a visa application has been submitted to the Department of Immigration.
Where does the provisional subclass 475 visa fit into the new regime?
It is anticipated that the State Migration Plans will allow for the sponsorship of subclass 475 visa applications.
Note: Subclass 475 is a category of skilled visa that allows a State or Territory Government to sponsor individuals who are happy to live and work in a regional area of Australia (as defined). The subclass also allows family members living in a "designated area" of Australia to sponsor skilled visa applicants.
After the required period of residence and work in the regional/designated area the 475 visaholder can apply for a permanent residency visa, usually via a subclass 887 application.
The main advantage of a subclass 475 visa over a subclass 175 or 176 is the lower points threshold.
Go Matilda has years of experience and has helped thousands of families move to Australia under the skilled migration program. We progress our clients' visa applications as quickly as possible, and whenever possible are proactive in ensuring our clients achieve their wish to live in Australia.
If you are interested in moving to Australia contact us for a free initial discussion.
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