subclass Archives - My Study in Australia and Migration to Australia

November 15, 2013

Overseas Students in Australia

By intpartners Study at High School, Study at TAFE, Study at University, Study English, Study Master, Study MBA, Study PhD Doctorate, studyinaustralia

The student visa program enables overseas students to come to Australia to undertake full-time study in registered courses.

When processing applications, the department ensures:

· transparency in the requirements to be granted a student visa

· consistency in decision-making

· integrity of the student visa program by using objective measures of risk to determine visa requirements.

Eligibility

Before applying for a student visa, students must have been accepted for full-time study in a registered course in Australia.

A registered course is an accredited education or training course listed on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and offered by an Australian education provider registered to offer courses to overseas students.
See:CRICOS

Applying for a student visa

Students must apply for a visa in the sector that relates to their main course of study:

· Independent English Language Intensive Course for Overseas Students (ELICOS) sector (subclass 570) visa

· Schools sector (subclass 571) visa

· Vocational Education and Training sector (subclass 572) visa

· Higher Education sector (subclass 573) visa

· Postgraduate Research sector (subclass 574) visa

· Non-award sector (subclass 575) visa

· AusAID and Defence sector (subclass 576) visa.

Generally, only students subject to Assessment Level 1 or students eligible for streamlined visa processing may be granted their first student visa while they are in Australia. Other students may only be able to obtain their first student visa while they are in Australia under exceptional circumstances.
See: Student Visa Program—Assessment Levels (formerly known as Form 1219i) (144KB PDF file)

Students who already have a student visa to study in Australia, but want to change their main course of study to one in a different education sector must apply for a new student visa in the education sector appropriate to their new main course of study.
See:Applying for a student visa (formerly known as Form 1160i) (128KB PDF file)

Assessment factors and streamlined visa processing

Students must provide evidence to satisfy the assessment criteria that apply to them before they can be granted a student visa. This may include evidence that they have the financial capacity to cover living costs in Australia—tuition fees, travel costs and capacity to support any family members. Applicants must also satisfy criteria for proficiency in English, level of education and other matters such as the potential to breach visa conditions.

The evidence required for these criteria varies according to the student visa applicant’s assessment level. Assessment Level 1 represents the lowest evidentiary requirements and Assessment Level 5 represents the highest.
See: Student Visa Program—Assessment Levels (formerly known as Form 1219i) (144KB PDF file)

Streamlined visa processing is available for prospective international students with a confirmation of enrolment (CoE) from a participating university at bachelor, masters or doctoral degree level. Student visa applicants who are eligible for streamlined visa processing are not subject to assessment levels.
See: The university sector streamlined visa processing( 80KB PDF file)

All students and accompanying family members must meet character and health requirements and obtain overseas student health cover (OSHC) for the duration of their visa. Students from Belgium, Norway and Sweden may not need OSHC if they have acceptable health cover offered by those countries.

Passport holders from certain countries may be entitled to Medicare, however it is still a requirement for overseas students to obtain OSHC for the duration of their stay in Australia while on a student visa.
See:Health insurance for students

Course packaging

Students may ‘package’ their studies to combine a preliminary course with their main course of study on the one student visa. The subclass that applies to the package would be the one that corresponds to the main course of study. The student’s assessment level is based on the package of courses they are studying.
See: Course packaging

Visa conditions

Permission to work

Students and their dependent family members who were granted a student visa on or after 26 April 2008 have permission to work.
See:New permission to work arrangement for student visa holders(58KB PDF file)

Students and dependent family members who were granted a student visa before 26 April 2008 and have not yet applied for permission to work may only apply for permission to work after they have started their course in Australia.
See:How to apply for permission to work

Students and their dependent family members with permission to work must not undertake work until the main student visa holder has started their course in Australia. They are limited to 40 hours work per fortnight while their course is in session, but may work unlimited hours during formal holiday periods. Holders of a Postgraduate Research (subclass 574) visa who have started their course have unrestricted permission to work.

Student visa holders found to be working in excess of their limited work rights may be subject to visa cancellation.

Family members’ permission to work

Family members who have permission to work can work up to 40 hours per fortnight once the main student visa holder has started the course of study.

Where students are on a Higher Education (subclass 573) visa, Postgraduate (subclass 574) or AusAID and Defence (subclass 576) visa and have started a masters or doctorate course, any family member who has permission to work can do so for unlimited hours.

No extension of stay

Most Assessment Level 3 and all Assessment Level 4 students (except those in the schools sector) undertaking a course or courses of 10 months duration or less, are subject to a ‘Further Stay Restricted’ condition. This condition generally prevents students from extending their stay in Australia, although they may apply for a Temporary Graduate (subclass 485) visa or a student visa with permission to work or a student visa with permission to work.

If an Assessment Level 3 student provides evidence of funds to cover a further 12 month stay, the ‘Further Stay Restricted’ condition is no longer mandatory.

Students who are sponsored by the Australian Government, or the government of their home country, may also be subject to a ‘Further Stay Restricted’ condition. They will only be able to extend their studies in Australia if the sponsoring government gives written consent.

Change of address

Students must inform their education provider of their current residential address within seven days of arrival and of any change of address in Australia within seven days of the change. Students must also notify their current provider of any change of enrolment to a new provider.

Family members

Family members aged 18 years or over may only study for up to three months. If they want to undertake a course of study that exceeds three months, they must apply for a student visa in their own right.

School-age family members, children aged 5–18 years, who join the student in Australia for more than three months must attend school. The student must meet any associated education or tuition costs for that child.

A student’s child aged 18 years or over cannot apply for a student visa as a family member. If they want to study in Australia, they must apply for a student visa in their own right.

Student Guardian (subclass 580) visa

Where students are under 18 years of age, it is possible for a parent or relative to apply for a student guardian visa to accompany them to Australia. The student guardian visa allows that person to stay in Australia to care for the student until they turn 18. A student guardian does not have permission to work while in Australia.

Statistics

The student visa program report is a quarterly statistical publication that provides data on the student visa program administered by the department. This report will be a valuable resource for anyone who has an interest in the international student sector.
See:Student visa statistics

Further information for students

The Education Services for Overseas Student Act 2000 provides important safeguards for overseas students in Australia. The Act regulates the activities of education providers delivering education and training to international students by setting standards and providing tuition and financial assurance.
See:Australian Education International

If students choose to work part-time while studying in Australia they have the same work rights as Australian permanent residents and citizens. For more information and advice about conditions of employment in Australia students can contact the Fair Work Ombudsman.
See:Fair Work Ombudsman

Further information is available on the department’s website.
See:www.immi.gov.au

The department also operates a national general enquiries line.
Telephone:131 881
Hours of operation:Monday to Friday from 8.30 am to 4.30 pm. Recorded information is available outside these hours.

Fact Sheet 50 – Overseas Students in Australia

Produced by the National Communications Branch, Department of Immigration and Border Protection, Canberra. Last reviewed April 2013.

February 15, 2012

SIMPLIFYING Australian STUDENT VISAS

By intpartners Uncategorized

1 The Minister for Immigration and Citizenship, Chris Bowen MP, today announced the Government will make the visa application process easier for students from 29 countries by reducing assessment levels across a range of student visa subclasses from 24 March.

The changes are in response to the Department of Immigration and Citizenship’s (DIAC) 2011 review of student visa assessment level settings, which recommended that a number of assessment levels be changed.

“While it was recommended that some assessment levels be increased, I have decided to only implement the reductions in order to best support Australia’s international education sector,” Mr Bowen said.

“Lowering the minimum evidentiary requirement for the grant of a student visa for selected countries and visa subclasses is expected to help around 10,500 prospective students.

“These changes will particularly benefit the postgraduate research sector, English Language Intensive Courses for Overseas Students (ELICOS) and vocational education and training (VET) providers.”

For example, South Koreans studying VET and ELICOS courses and postgraduate research students from China, India and Indonesia will now find it easier to apply for visas.

“The reduction in assessment levels builds on the measures implemented as a result of the Strategic Review of the Student Visa Program, undertaken by the Hon Michael Knight AO, to ensure Australia remains an attractive study option for overseas students,” Mr Bowen said.

Assessment levels are an important tool in managing the student visa program, as they ensure the efficient delivery of services to a diverse range of students while supporting the integrity of Australia’s immigration program.

Assessment levels align visa requirements to the immigration risk posed by students from every country and in each education sector. They are regularly reviewed and amended to accurately reflect the risk posed by a student cohort.

Those countries and sectors that were recommended to be subject to an increase in assessment levels will be placed on notice and reviewed as part of any future reforms to the risk management framework.

More information on the reductions to student visa assessment levels can be found at www.immi.gov.au/students/student-visa-assessment-levels.htm

2 Reduction of Certain Student Visa Assessment Levels

Reductions in Student visa assessment levels for 29 countries for certain Student visa subclasses was announced by the Minister for Immigration and Citizenship on 15 February 2012. These reductions will take effect on 24 March 2012.

These changes will lower the minimum evidentiary requirements needed for the grant of a Student visa for certain countries and education sectors.

The following is a list of countries and Student visa subclasses affected by the assessment level decreases which will take effect on 24 March 2012.

Country of Citizenship	Education Sector	Updated Assessment Levels
Belize	Subclass 572 – VET	AL2
Bhutan	Subclass 574 – Post Grad Research	AL1
Botswana	Subclass 571 – Schools	AL1
Botswana	Subclass 575 – Non–Award	AL1
Bulgaria	Subclass 570 – ELICOS	AL1
Bulgaria	Subclass 572 – VET	AL1
Bulgaria	Subclass 573 – Higher Ed	AL1
Bulgaria	Subclass 575 – Non–Award	AL1
China, Peoples Republic of	Subclass 574 – Post Grad Research	AL1
Ecuador	Subclass 574 – Post Grad Research	AL1
Egypt	Subclass 574 – Post Grad Research	AL1
India	Subclass 574 – Post Grad Research	AL1
Indonesia	Subclass 571 – Schools	AL1
Indonesia	Subclass 574 – Post Grad Research	AL1
Jordan	Subclass 571 – Schools	AL2
Kazakhstan	Subclass 574 – Post Grad Research	AL1
Kazakhstan	Subclass 575 – Non–Award	AL2
Korea, South	Subclass 570 – ELICOS	AL1
Korea, South	Subclass 572 – VET	AL1
Latvia	Subclass 572 – VET	AL1
Lebanon	Subclass 571 – Schools	AL2
Lebanon	Subclass 574 – Post Grad Research	AL1
Lebanon	Subclass 575 – Non–Award	AL3
Maldives	Subclass 570 – ELICOS	AL2
Maldives	Subclass 571 – Schools	AL1
Maldives	Subclass 573 – Higher Ed	AL1
Mauritius	Subclass 571 – Schools	AL1
Mexico	Subclass 572 – VET	AL1
Montenegro, Republic of	Subclass 570 – ELICOS	AL2
Montenegro, Republic of	Subclass 57 2 – VET	AL2
Montenegro, Republic of	Subclass 573 – Higher Ed	AL2
Montenegro, Republic of	Subclass 575 – Non–Award	AL2
Namibia	Subclass 573 – Higher Ed	AL2
Nepal	Subclass 574 – Post Grad Research	AL1
Nicaragua	Subclass 570 – ELICOS	AL2
Nicaragua	Subclass 571 – Schools	AL2
Nicaragua	Subclass 572 – VET	AL2
Nicaragua	Subclass 575 – Non–Award	AL2
Philippines	Subclass 571 – Schools	AL1
Reunion	Subclass 572 – VET	AL1
Reunion	Subclass 573 – Higher Ed	AL1
Seychelles	Subclass 571 – Schools	AL1
Seychelles	Subclass 572 – VET	AL1
Seychelles	Subclass 575 – Non–Award	AL1
Suriname	Subclass 573 – Higher Ed	AL2
Suriname	Subclass 575 – Non–Award	AL2
Tanzania	Subclass 571 – Schools	AL2
Tanzania	Subclass 574 – Post Grad Research	AL1
Turkey	Subclass 571 – Schools	AL2
Turkey	Subclass 572 – VET	AL2
Ukraine	Subclass 570 – ELICOS	AL2
Ukraine	Subclass 571 – Schools	AL2
Ukraine	Subclass 573 – Higher Ed	AL2
Ukraine	Subclass 574 – Post Grad Research	AL1
Ukraine	Subclass 575 – Non–Award	AL2
Venezuela	Subclass 572 – VET	AL1

3 Frequently asked Questions

4 Q: I am an international student studying in Australia. Do these changes affect me?

A: These changes will only affect new Student visa applications made on or after 24 March 2012.

5 Q: What does a reduction of assessment levels mean to Student visa applicants?

A: Students affected by the changes will be required to provide less documentary evidence to support their claims for the grant of a Student visa. These may include evidence of English language proficiency, financial capacity and academic qualifications.

6 Q: Where can I find out more information about assessment levels?

A: Further information on assessment levels including a full list of current assessment levels is available on the department’s website.
See: Student Visa Assessment Levels

November 3, 2011

New accreditation scheme for 457 visas

By intpartners Uncategorized

The Minister for Immigration and Citizenship, Chris Bowen MP, today announced businesses using the subclass 457 visa program can now gain access to priority processing and approval for six years under a new accreditation scheme.

‘This new scheme recognises that many Australian businesses have a long history of dealing with the Department of Immigration and Citizenship (DIAC) and an excellent record of compliance with workplace and migration laws,’ Mr Bowen said.

‘From 7 November, these businesses will be able to seek accreditation that qualifies them for sponsorship approval of six years rather than the current three, as well as ensuring faster processing times for all future subclass 457 nominations and visa applications.’

Businesses will need to meet certain additional benchmarks to qualify for accredited status, including being an active 457 visa sponsor for the past three years and a commitment to ensuring at least 75 per cent of their domestic workforce is Australian.

‘While employers should first look to Australians to fill skill vacancies, the subclass 457 visa provides a fast and flexible process for the entry of overseas workers where they are needed to fill skill vacancies,’ Mr Bowen said.

‘The new accreditation scheme was developed in consultation with the Skilled Migration Consultative Panel, which includes representatives from major employer groups, unions and state governments.’

The 2011 KPMG Skilled Migration Survey of employers found that the subclass 457 visa program provided a flexible avenue to alleviate skill shortages in growth sectors such as the mining industry.

Use of the subclass 457 visa program is increasing, with 54 360 subclass 457 primary visas granted in 2010–11, an increase of 38.2 per cent compared to the same period the year before. The UK was the most popular source country, with 11 820 primary applicants granted visas.

The median processing time for a subclass 457 visa remains at a historically low level of 22 days.

Minister Bowen has announced that DIAC will introduce a Sponsorship Accreditation system from Monday 7 November 2011.

Employers can apply for Accredited Sponsor status to qualify for priority processing for Subclass 457 visa nominations and visa applications.

Accredited Sponsor status is valid for six years, unless it is revoked because the employer no longer meets the required criteria.

Accreditation status is for employers with have a long and positive history of dealing with the Department and an excellent record of compliance with workplace and migration laws.

Applications for Accredited Sponsor status are made in the same way as applications for approval as a Standard Business Sponsorship applications, online or using Form 1196S.

A company must meet all the following criteria to gain Accredited Sponsor status:

be a government agency, a publicly listed company, or a private company, with a minimum of $4 million turnover per year over the last three years;
have been an active Subclass 457 visa sponsor for the past three years (with a break of no more than six months, which was not due to any sanction);
have no adverse information known of it based on DIAC and DEEWR monitoring, including formal warnings and sanctions;
have had at least 30 primary Subclass 457 visa applications granted in the previous 12 months;
have lodged a high level of Decision Ready applications over the previous two years;
have a non-approval rate of less than three percent during the previous three years; and
have Australian workers comprising at least 75 percent of its workforce in Australia, and have made a commitment to maintain this level.

Information on sponsorship accreditation is on the DIAC website, with further information to be available on Monday 7 November.

August 5, 2010

Frequently Asked Questions – Priority processing arrangements for General Skilled Migration – 19/07/2010

By intpartners Uncategorized

These Frequently Asked Questions (FAQs) are designed for clients who have already lodged an application for General Skilled Migration (GSM). These FAQs should be read with the information about the priority processing arrangements.

Please note: These FAQs will continue to be updated in response to common questions received from clients about the changes.

The Minister for Immigration and Citizenship, Senator Chris Evans, set new priority processing arrangements for certain skilled migration visas on 14 July 2010. These priority processing arrangements apply to all applications already lodged with the Department of Immigration and Citizenship, as well as all future applications.

QI What is priority processing?

Priority processing refers to the order in which the department considers skilled migration applications. Section 51 of the Migration Act 1958 gives the Minister for Immigration and Citizenship powers to consider and finalise visa applications in an order of priority that the Minister considers appropriate. Departmental officers must follow this ministerial direction, which applies to both new applications and those applications awaiting a decision.

Q2 What are the changes to the skilled migration visa processing priorities?

The Minister has set new priority processing arrangements which apply to the following visas:

Employer Nomination Scheme (ENS)
Regional Sponsored Migration Scheme (RSMS)
Certain General Skilled Migration (GSM) visas.

Under the arrangements, processing priorities (with the highest priority listed first) are:

Applications from people who are employer sponsored under the ENS and the RSMS.
Applications from people who are nominated by a state or territory government agency with a nominated occupation that is specified on that state or territory’s state migration plan.
Applications from people who have nominated an occupation on the new Skilled Occupation List (SOL) – Schedule 3 in effect from 1 July 2010.
All other applications are to be processed in the order in which they are received.

Q3 Which GSM visas are affected by priority processing?

The following GSM visas are affected by priority processing:

Skilled — Independent subclass 175
Skilled — Independent subclass 176
Skilled — Regional Sponsored subclass 475
Skilled — Regional Sponsored subclass 487
Skilled — Independent Regional subclass 495
Skilled — Designated Area-sponsored (Provisional) subclass 496
Graduate — Skilled subclass 497
Skilled — Onshore Independent New Zealand Citizen subclass 861
Skilled — Onshore Australian-sponsored New Zealand Citizen subclass 862
Skilled — Onshore Designated Area-sponsored New Zealand Citizen subclass 863
Skilled — Independent Overseas Student subclass 880
Skilled — Australian-sponsored subclass 881
Skilled — Designated Area-sponsored Overseas Student subclass 882
Skilled — Independent subclass 885
Skilled — Sponsored subclass 886.

Q4 Which GSM visa subclasses are exempt from priority processing?

The following visa subclasses are exempt from priority processing:

Skilled — Recognised Graduate subclass 476
Skilled — Graduate subclass 485
Skilled — Designated Area — Sponsored (Residence) subclass 883
Skilled — Regional subclass 887.

Applications for these visa subclasses will be processed in the order in which they are received by the department.

Q5 What applications are not affected by the Direction or priority processing?

The following applications are not affected:

Applications that have been remitted by the Migration Review Tribunal for reconsideration.
Applications where it is readily apparent that the criteria for grant of the visa would not be satisfied.
Applications by visa applicants claiming to be a member of the family unit of a person who holds a visa granted on the basis of satisfying the primary criteria in Schedule 2 to the Regulations and who did not make a combined application with that person.
Visa applications for a Skilled – Regional Sponsored Subclass 487 visa where the applicant holds a Skilled – Independent Regional (Provisional) Subclass 495 visa, Skilled – Designated Area-sponsored
(Provisional) Subclass 496 visa, Skilled – Regional Sponsored Subclass 487 visa or Skilled – Regional
Sponsored Subclass 475 visa at the time they apply.

Q6 The new direction refers to Schedule 3 of the Skilled Occupation list (SOL) what do these schedules refer to?

The Skilled Occupation List (SOL) is a list of occupations that are accepted for general skilled migration. Applicants must have a nominated occupation which is on the SOL that applies to them at the time they apply. The recent changes to skilled migration have included generous transitional arrangements for some people. These arrangements require that the previous version of the SOL be kept available for those people so they can access their transitional arrangements. The changes also included a change in the way occupations are classified, from ASCO to ANZSCO. This change required that the previous version of the SOL be provided in both the ASCO and ANZSCO coding.

The different SOLs are distinguished by different schedules, as follows:

• the SOL in existence prior to 1 July 2010 in ASCO code (schedule 1) — applies only to GSM applicants who lodged their application prior to 1 July 2010.

• the SOL in existence prior to 1 July 2010 in ANZSCO code (schedule 2) — applies to GSM applicants who are eligible for transitional arrangements and who lodge their application before 1 January 2013.

• the current SOL (schedule 3) in effect from 1 July 2010 — applies to all new GSM applications, including applicants eligible for transitional arrangements if they prefer to use it.

• the State and Territory SOL (schedule 4 ) — applies only to GSM applicants nominated by a State or Territory government under a State Migration Plan.

More information about change to the SOL are available from the departmental website. See: www.immi.gov.au/skilled/sol/

Information about the transitional arrangements is available from the departmental website. See: http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-sol.pdf

Information about the department’s introduction of ANZSCO, which replaces ASCO in relation to skilled occupations, is available from the departmental website. See: www.immi.gov.au/employers/anzsco/

Q7 What is a State Migration Plan?

State Migration plans are developed by state or territory governments and include occupations that are in demand in an individual state or territory. Each state migration plan is approved by the Minister for Immigration and Citizenship. State migration plans are currently being developed and are expected to come into effect during the second half of 2010. A notice will be put on the department’s website when plans come into effect.

Q8 Why have the processing priorities changed?

The priority processing arrangements take account of the changes to the SOL that came into effect on 1 July 2010, as well as the revocation of the Migration Occupations in Demand List (MODL) and the Critical Skills List (CSL). These changes to priority processing simplify previous arrangements. Many applicants will find that they are in a higher priority group. Some will have to wait longer for their visas to be processed.

Q9 When did the changes to priority processing come into effect?

The changes took effect from 14 July 2010 and apply to applications lodged with the department on or after this date. The changes also apply to applications lodged before 14 July 2010 that have not been finalised.

Q10 Is there any difference in the processing priorities that apply to onshore and offshore visa subclasses?

No, the processing priorities apply to both onshore and offshore applications. Processing times, however may vary for onshore and offshore applications

Q11 What will happen to applications in the final stages of processing where the department has requested applicants to provide health and character clearances?

The new arrangements apply to all visa applications, including those in the final stages of processing. Applications in lower priority groups cannot be processed further until those in higher priority groups are finalised in accordance with the priority processing direction.

Q12 Can I request that my application be given higher priority outside of the Minister’s Direction?

No, please do not contact the department to request your application be exempt from the priority processing direction. Case officers must adhere to the Minister for Immigration and Citizenship’s priority processing direction.

Q13 My nominated occupation is Accountant but I was not eligible for the CSL. What level of priority processing will I receive?

The occupation of Accountant is included on Schedule 3 of the current Skilled Occupation List (SOL) and therefore your application will be in priority group 3, except those already included in priority groups 1 or 2.

Q14 My application is in priority category 4. When can I expect to have my application finalised?

Applicants with nominated occupations in priority group 4 will have a long wait for visa processing. The department’s Client Service Charter will be updated shortly with information about current estimated processing times. See: Visas for Migrating to Australia as a Skilled Person (http://www.immi.gov.au/about/charters/clientservices-charter/visas/8.0.htm)

Q15 I have been nominated by a state or territory government but my occupation is not listed on a State Migration Plan. What level of priority processing will my application receive?

If your nominated occupation is not on your state or territory’s State Migration Plan, your application will be processed on the basis of your nominated occupation. Applicants who have nominated an occupation that is included in Schedule 3 of the current SOL are in priority processing group 3. An applicant with a nominated occupation that is included only in Schedule 1 or Schedule 2 of the current SOL is in priority processing group 4.

Q16 If my nominated occupation is not in Schedule 3 of the SOL in effect at 1 July 2010 what level of priority processing will I receive?

Applicants with a nominated occupation that is included only in Schedule 1 or Schedule 2 of the current SOL are in priority processing group 4, unless they have applied for ENS or RSMS or have a state or territory nomination in an occupation on a state migration plan.

Q17 I applied for GSM. If my nominated occupation is not in Schedule 3 of the SOL in effect at 1 July 2010 can my application receive higher priority processing?

Yes if you are nominated by a state or territory government under a state migration plan. Applicants who lodged before 1 July 2010 that have been nominated by a state or territory government agency in an occupation that is subsequently specified in their nominating state or territory’s state migration plan will receive processing under priority group 2.

Q18 What are my options if my application is in priority group 4 and I have applied for an onshore GSM visa?

The options available are:

continue to live and work in Australia (if your visa permits) while you await a decision on your visa application
assess your eligibility for an employer sponsored visa or a nomination by a state or territory government under a state migration plan agreed to by the minister
apply for another substantive visa
withdraw your application and depart Australia.

Please note: Some of these options would require the lodgement of a new application and the payment of a new Visa Application Charge (VAC). If you choose to withdraw your application you will not be entitled to a refund of your VAC.

For applications lodged after 1 July 2010, a new application may be required if you have obtained a state or territory nomination after lodgement. Please contact the skilled processing centre. See: http://www.immi.gov.au/contacts/australia/processing-centres/adelaide-skilled.htm

You may also seek an employer sponsorship under the Employer Nomination Scheme (ENS) or the Regional Sponsored Migration Scheme (RSMS).

More information about ENS and RSMS is available from the departmental website. See: www.immi.gov.au/skilled/skilled-workers/visa-permanent.htm

More information about estimated processing times are available from the departmental website. See: http://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm

Q19 What are my options if my application is in priority group 4 and I applied for an offshore GSM visa?

The options available are:

continue to await a decision on your visa application
assess your eligibility for an employer sponsored visa, or nomination by a state or territory government under a state migration plan agreed to by the minister
withdraw your application.

Please note: Some of these options would require the lodgement of a new application and the payment of a new VAC. If you choose to withdraw your application you will not be entitled to a refund of your VAC.

More information about estimated processing times is available from the departmental website. See: http://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm

Q20 I am currently in Australia but my visa will expire before my application for an offshore GSM visa is finalised can I remain in Australia while my visa is processed?

Applicants for an offshore GSM visa are not eligible for an associated bridging visa to remain in Australia while their GSM application is being processed. You must apply for another visa to remain in Australia lawfully; otherwise you will need to depart Australia.

Q21 I am an onshore GSM applicant on a Bridging C visa which does not allow me to work. What can I do?

It is possible to be granted a Bridging C visa that will allow you to work. Please complete a Form 1005 Application for a bridging visa and submit this and supporting documentation evidencing financial hardship to the skilled processing centre processing your visa application.

Examples of the types of supporting documents required include a statement outlining income against outgoing expenses. Other examples may include living expenses such as accommodation costs and other bills.

Q22 I want to travel overseas but my onshore visa application has not been finalised. What should I do?

If you were granted a Bridging A visa when you applied for your GSM visa you may be able to lodge an application for a Bridging B visa to allow you to travel and return to Australia (within a specified period). A Bridging B visa is
generally not issued for longer than three months.

You must apply for a Bridging B visa at one of the department’s state or territory offices, not the skilled processing centre which is processing your GSM application. See: http://www.immi.gov.au/contacts/australia/

If you travel on a Bridging B visa, you do not need to contact the department on your return to Australia to apply for another bridging visa unless you have further need to travel outside Australia.

Note: If you travel out of Australia on another type of visa, your bridging visa will cease and you will need to apply for another bridging visa if you return to Australia.

Q23 I have a provisional or temporary GSM visa and my spouse/child now want to join me will they be able to do so?

Yes, applications for subsequent entrants for provisional GSM visas are exempt from priority processing arrangements.

These arrangements apply to the following GSM visas:

Skilled — Regional Sponsored subclass 475
Skilled — Recognised Graduate subclass 476
Skilled — Graduate subclass 485
Skilled — Regional Sponsored subclass 487
Skilled — Independent Regional subclass 495
Skilled — Designated Area-sponsored subclass 496.

Q24 Am I entitled to compensation if my visa application is taking longer to process than expected due to the new priority processing direction?

Compensation is not available for delays in processing.

Q25 Why do the rules keep changing?

The skilled migration program is designed to be responsive to the current economic climate and the needs of the Australian economy. The new priority processing arrangements complement other recent changes to skilled migration to ensure that the economy gets the skills it needs in a timely manner. Priority processing arrangements are always subject to further change in response to the economic climate and the demand for particular skills in the Australian economy.

Priority in the skilled migration program goes to those who can provide the skills Australia most needs, rather than those visa applicants who applied first. The Australian Government is aware that the priority processing arrangements impact on many applicants. These changes to priority processing simplify previous arrangements. Many applicants will find that they are in a higher priority group. Some will have to wait longer for their visas to be processed.

Q26 Isn’t priority processing retrospective legislation?

Priority processing is an administrative arrangement, and impacts on the order in which applications are considered. It is not retrospective legislation as it does not change the criteria for the grant of a GSM visa.

Useful documents

More information about the changes to the GSM program is available from the department’s website including the following information sheets.

See:

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/new-list-of-occupations.pdf (101KB PDF file)

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-new-sol.pdf (87KB PDF file)

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/options-not-eligible.pdf (71KB PDF file)

August 5, 2010

Minister Announces New Priority Processing Arrangements for Australian General Skilled Migration Visas – 19 July 2010

By intpartners Uncategorized

The Minister for Immigration has announced new processing priorities which apply from 14 July 2010 for General Skilled Migration and permanent employer sponsored visas.

These arrangements take account of the changes to the Skilled Occupation List (SOL) that came into effect on 1 July 2010, as well as the revocation of the Migration Occupation in Demand List (MODL) and the Critical Skills List (CSL).

Processing Priorities

There are 4 priority groups – from highest to lowest priority these are:

Employer Sponsored: RSMS and ENS are the highest priority
General Skilled applicants sponsored under a State Migration Plan
General Skilled applicants with an occupation on the new SOL
All other applicants

Processing Times

In addition, we also have indicative processing times:

ENS/RSMS:

ETA countries (Low Risk): 5 months
Non-ETA countries (High Risk): 7 months

State Migration Plan

Onshore: 6 months
Offshore: 12 months

New SOL:

Lodged prior to 1 July 2010:

Onshore: to be processed prior to 1 July 2011
Offshore: to be processed prior to 31 December 2011

Lodged after 1 July 2010:

Onshore: 18 months
Offshore: 18-24 months

Otherwise: to be processed after groups 1-3 are finalized

Exempt Visa Types

Not all skilled visas are subject to the new priorities. For instance, the following continue to be processed in the order received:

Skilled Graduate Subclass 4 js” type=”text/javascript”> 85 – 12 months
Skilled Recognised Graduate Subclass 476 – 7 months
Skilled Regional Subclass 887 – 5 months
Cases which have been refused and appealed successfully to the MRT (Migration Review Tribunal)
Subsequent entrants for Skilled Regional Sponsored and Skilled Graduate visas
Applications which clearly do not meet essential criteria and which are for refusal

Summary of Previous Changes

The Critical Skills List – introduced in January 2009 – has now been abolished and effectively replaced by a much shorter Skilled Occupations List which is now being used both to limit numbers of new applications and to prioritise applications already in the system.

Note that no State Migration Plans have yet been finalised. We understand that a number of states have completed their plans and are awaiting signature from the Minister of Immigration. As the government is currently in caretaker mode, ahead of the Federal Election on August 21, these may be a few months off coming into effect.

People who were sponsored by state or territory governments receive no priority due to this unless they are sponsored under a State Migration Plan. If the nominated occupation is not on the new SOL, the application would be at the lowest priority level – despite the fact that such applicants were previously at the highest priority level.

The changes are still positive for accountants – previously a minimum score of 7 in the IELTS test was required for priority to be given. Now, any applicant with a skills assessment as an accountant will be at least in priority group 3.

The indicative processing time for a Skilled Graduate subclass 485 visa is far longer than is reasonable. This type of visa is only valid for 18 months from the date of grant. On the positive side, the longer DIAC takes to process a 485 visa, the longer a student has to stay in Australia with full work rights.

People in the lowest priority group have reason to be concerned because the Minister has introduced a visa capping bill which would give him the ability to cancel visa applications from people meeting certain criteria (eg occupation). Given the number of people waiting for decisions on skilled visas, the Minister would be highly likely to exercise this power if the Visa Capping Bill is passed through Parliament.

Everything About Study, Work, Migration and Life in Australia

Tag Archives: subclass

Overseas Students in Australia

SIMPLIFYING Australian STUDENT VISAS

Frequently Asked Questions – Priority processing arrangements for General Skilled Migration – 19/07/2010

Tag Archives: subclass

Overseas Students in Australia

SIMPLIFYING Australian STUDENT VISAS

New accreditation scheme for 457 visas

Frequently Asked Questions – Priority processing arrangements for General Skilled Migration – 19/07/2010

Minister Announces New Priority Processing Arrangements for Australian General Skilled Migration Visas – 19 July 2010

Enter your email to get instant access to the Document

Enter your email to get instant access to the webinar recording