Dear Client,
Thank you for your correspondence.
*** IMPORTANT INFORMATION ***
On 8 February 2010 the Minister for Immigration and Citizenship announced the outcomes of the Migration Occupations in Demand List (MODL) review and further changes to the General Skilled Migration (GSM) program.
Following the announcement of these changes the new Skilled Occupations List (SOL) took effect from 1 July 2010. The new list is specific to the GSM program and does not apply to employer-sponsored permanent or temporary visas. For more information on the changes visit the department's website at <
http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm>
On 14 July 2010 the Minister set a new priority processing direction for certain Skilled Migration visas. These arrangements take account of the changes to the SOL that came into effect on 1 July 2010, as well as the revocation of the MODL and the Critical Skills List (CSL). The new arrangements are designed to better address the needs of industry by targeting skills in critical need across a number of sectors.
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.
This direction applies to both new applications and those applications awaiting a decision.
For further information on how the current processing priorities will affect your application see the department's website at <
http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm>
Processing priorities are subject to change. Any changes to these priorities or processing times will be updated on the website. We recommend that you check this website regularly for updates.
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GENERAL SKILLED MIGRATION VISAS REQUIRING SPONSORSHIP:
Under the General Skilled Migration program there are two types of 'sponsored' visas:
*Skilled - Sponsored (subclass 176 and 886) visa
*Skilled - Regional Sponsored (subclass 475 and 487) visa.
VISAS REQUIRING AN AUSTRALIAN RELATIVE SPONSOR:
There are two types of General Skilled Migration visa which require an Australian relative sponsor. These are:
*Skilled - Sponsored (subclass 176 and 886) visas
*Skilled - Regional Sponsored (subclass 475 and 487) visas.
Under the Sponsored and Regional Sponsored visa categories, you must be sponsored by a relative of you or your partner who is an:
*Australian citizen
*Australian permanent resident
*eligible New Zealand citizen.
An 'eligible New Zealand citizen' is a person who:
*held a Special Category Visa (SCV) (subclass 444) on 26 February 2001
or
*held a SCV for at least one year in the two (2) years before 26 February 2001
or
*has a certificate under the Social Security Act 1991 that states the citizen was, for the purposes of the Act, resident in Australia on a particular date. While certificates of residence previously obtained from Centrelink are satisfactory evidence of this, these certificates are no longer available. Applications for these certificates closed on 25 February 2004.
Note: If your sponsor is an eligible New Zealand citizen, your sponsor may be required to undertake medicals and provide police clearances. The case officer processing your application will advise your sponsor if this is necessary.
SKILLED - SPONSORED CATEGORY:
Applicants for the Skilled - Sponsored visas must have a sponsor, although the sponsor can live anywhere in Australia:
Applicants for these visas or their partner must be related to their sponsor as a:
*non-dependent child (a natural, adoptive or step-child)
*parent
*brother or sister (including adoptive or step-siblings)
*niece or nephew (including adoptive or step-niece or nephew)
*aunt or uncle (including adoptive or step-aunt or uncle).
If your sponsor is directly related to your partner your partner must be included in your visa application.
Information about the Skilled - Sponsored visas is available on the department's website at
<
http://www.immi.gov.au/skilled/general-skilled-migration/index.htm>
SKILLED - REGIONAL SPONSORED CATEGORY:
The Skilled - Regional Sponsored (Provisional) (subclass 475 or 487) visa, is a temporary (three-year) visa that requires applicants to sponsored by an eligible relative residing in a designated area of Australia or be nominated by an authorised state or territory government agency.
More information about designated areas of Australia is available on the department's website at
<
http://www.immi.gov.au/skilled/general-skilled-migration/designated-areas.htm>
If sponsored by an eligible relative, in addition to the resident requirement, applicants for these visas or their partner must be related to their sponsor as a:
*non-dependent child (a child or step-child)
*parent
*brother or sister (including adoptive or step-siblings)
*niece or nephew (including adoptive or step-niece or nephew)
*aunt or uncle (including adoptive or step-aunt or uncle)
*first cousin
*grandchild.
If your sponsor is directly related to your partner your partner must be included in your visa application.
State and territory governments may also nominate visa applicants who have an occupation that is in shortage in their particular state or territory. All states and territories in Australia, with the exception of the Australian Capital Territory (ACT), are participating in the Skilled - Regional Sponsored visa program. Information about the eligible areas, including postcodes is available at
<
http://www.immi.gov.au/skilled/regional-employment/index.htm>
Each state and territory government has their own sponsorship guidelines in line with their employment and economic needs. For information on eligibility for sponsorship and the sponsorship application process, you should contact the state or territory government in the state/territory where you are interested in living. You should have your skills assessed before approaching a state or territory government about sponsorship for a Skilled - Regional Sponsored visa to streamline the sponsorship process.
Contact details for each participating state are available on the department's website at
<
http://www.immi.gov.au/skilled/general-skilled-migration/index.htm>
Once you have lived for two (2) years, and worked full-time for a total period of at least 12 months in a Specified Regional area in Australia, you are eligible to apply for a permanent visa such as the Skilled - Regional (Residence) (subclass 887) visa. Criteria for these visa has been modified to facilitate the grant of a permanent visa to Skilled - Regional Sponsored visa holders.
SKILLED - REGIONAL (RESIDENCE) VISA:
The Skilled - Regional (Residence) (subclass 887) visa is a permanent visa that is available only to holders of the following provisional General Skilled Migration visas:
*Skilled - Regional Sponsored (subclass 475 or 487) visa
*Skilled - Independent Regional (subclass 495) visa
*Skilled - Designated Area Sponsored (subclass 496) visa.
Persons wishing to apply for this visa must have lived for at least two (2) years and worked full time for one (1) year in a Specified Regional area of Australia and complied with the conditions attached to their visa to be eligible for grant.
A Specified Regional area is a:
*designated area if you were sponsored by a relative
or
*regional or low growth metropolitan area if you were sponsored by a state/territory.
More information on Specified Regional areas is available on the department's website at
<
http://www.immi.gov.au/skilled/general-skilled-migration/designated-areas.htm>
<
http://www.immi.gov.au/skilled/general-skilled-migration/regional-growth.htm>
More details regarding the Skilled - Regional (Residence) (subclass 887) visa can be found on the department's website at
<
http://www.immi.gov.au/skilled/general-skilled-migration/887/>
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MAKING A 'VALID' GENERAL SKILLED MIGRATION VISA APPLICATION:
When submitting a General Skilled Migration visa application, you must meet a number of requirements for your application to be considered by a departmental officer. These requirements are referred to as 'validity requirements'.
To make a valid application you must do all of the following:
*indicate the type of visa you wish to apply for
*use the correct form
*provide your residential address
*pay the required visa application charge in Australian dollars
*sign the declaration and acknowledgment parts of the application form
*satisfy any other visa-specific validity requirements - for example, you may have to be in Australia and/or hold a certain type of visa at the time you lodge your application
*mail or courier your application to the correct General Skilled Migration processing centre or
*submit an electronic application via the Internet.
You must ensure that you can meet all these requirements at the time you lodge your application. Any General Skilled Migration visa application that does not meet all of these requirements cannot be considered and, under migration law, you are not taken to have made an application. If this happens, your papers
and any payments made will be returned to you.
You must also meet all of the other visa requirements which are prescribed for the visa that you are seeking. These requirements are referred to as 'visa-specific requirements'. These requirements must be met by you, and by any one else included in your application, in order for your application to be successful and a visa(s) granted.
It is important to understand that if you make a valid application, there is no guarantee that your application will be approved. For this to occur you must not only meet all of the validity requirements but also all of the visa-specific requirements for the visa you apply for. If you do not meet all of the visa specific requirements, your visa application is likely to be refused.
To assist you with finding out more information about the specific validity requirements for the General Skilled Migration visa that is most appropriate for your circumstances, please visit the department's website at
<
http://www.immi.gov.au/skilled/general-skilled-migration/index.htm>
ONLINE APPLICATIONS
The department accepts scanned copies of the original document (non-certified) provided they are in colour and in PDF, JPEG, TIFF or BMP file formats. If you scan documents in black and white, then they must be scanned copies of the certified copies.
COMPLETE APPLICATIONS:
Whilst there are a number of requirements which must be met for you to make a valid application, you are encouraged to provide complete applications where possible. A complete application is one that includes all information and documents required to make a decision on your application. Submitting a complete application will ensure that your application is processed as quickly as possible.
More information about complete applications (including document checklists which will assist you in lodging a complete application) is available on the department's website at
<
http://www.immi.gov.au/skilled/general-skilled-migration/index.htm>
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For any further enquiries about General Skilled Migration please refer to our website using the following link <
http://www.immi.gov.au/contacts/visa-enquiries/professionals.htm>
Yours sincerely,
Anna
Department of Immigration and Citizenship
