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News
Regulations for Skilled Independent Regional Visa are Presented
Author: Alan Collett
Date: Friday, June 18, 2004
The Migration Regulations which amend the legislation for the introduction of the new Skilled Independent Regional visa have been published.
The key details are as follows:
- The new SIR visa will be introduced on the 1st of July 2004
- Application for the SIR visa will be on form 47SK to be redesigned for the introduction of the new visa
- The new visa will be Class UX, called the Skilled - Independent Regional (Provisional) visa, subclass number 495
- The SIR visa will be points tested, and will require the applicant to attain a pass mark, which is expected to be 110 points
- Those who have applied for a Skilled Independent visa (subclass number 136) and who do not meet the pass mark for the 136 visa (ie they have been placed in the pool), but do have the pass mark for the new SIR visa will be invited to apply for the new SIR visa. If an applicant accepts the invitation within 6 months he or she will be able to pay a lower visa application charge (see below for details of the visa application charge).
- An application for a SIR visa will have to be accompanied by sponsorship from a State or Territory Government, as evidenced by a completed form 1244
- A new condition 8539 will be present on the SIR visa when it is granted. An 8539 condition will provide that while the holder of the visa is in Australia, he or she must not live, study or work outside a regional or low growth area of Australia, the postcode of which will be specified in an as yet unseen Gazette Notice
- Applicants for the new SIR visa will be required to have at least vocational English
- The pathway to a permanent residency visa will be via an application for an employer sponsored visa, a Skilled - State Territory Nominated Independent visa, a State/Territory Sponsored Business Owner visa, or via a Spouse or Interdependent Partner visa. Applicants for such visas will need to have complied with the requirements of his or her SIR visa to be eligible to apply for one of these permanent residency visas
- A SIR visaholder who wants to apply for a Skilled - State Territory Nominated Independent visa, a Regional Sponsored Migration Scheme visa, or a State/Territory Sponsored Business Owner visa, will be required to have lived in a regional or low growth area area of Australia for 2 years (cumulatively) in the last 3 years, and to have worked in a regional area for one year (cumulatively) in the last 3 years
- The visa application charge for the new SIR visa will be $165 for applicants who are invited to apply for a SIR visa because they have lodged an application for a Skilled Independent visa, subclass number 136, but have not attained the pass mark for that visa (as described above). For those who are applying for a SIR visa with no previous application the visa application charge will be A$1,795 Note - these visa application charges may be amended before the 1st of July, 2004, and this page will be updated once the general increase in VACs is known.
- As with all skilled visa applications there will be a second visa application charge if the applicant is assessed as not having functional English
Commentary
The above changes have been largely identified in previous articles on Go Matilda News, and in many regards this new visa appears to add little to the options available already to intending skilled migrants: the Skilled - State Nominated visa already allows State and Territory Governments to attract migrants to low growth or regional areas, as evidenced by SA, VIC, and TAS.
It is hoped however that this new visa might encourage State Governments in (most notably) QLD and WA to look at establishing regional initiatives in a way that does not appear to have been on their agendas thus far.
Perhaps most importantly for those who are planning to lodge an application for a SIR visa there is no guarantee of permanent residency at the end of a period of work and living in a regional area of Australia. This appears to be the biggest drawback of the new visa, and is likely to the principal reason why (in the writer's view) the take up of the new visa will not be as successful as it would have been had there been more certainty of permanent residency at the end of the term of the SIR visa's validity.
We now await the introduction of the guidelines for sponsorship by the State and Territory Governments, details of which will appear on Go Matilda News as they become known.
In the meantime if you would like to be added to our database of people we will contact with further details of the SIR visa as they become available please send an email to Deborah Ogden with the subject line SIR Visa Database.
News
Regulations for Skilled Independent Regional Visa are Presented
Author: Alan Collett
Date: Friday, June 18, 2004
The Migration Regulations which amend the legislation for the introduction of the new Skilled Independent Regional visa have been published.
The key details are as follows:
- The new SIR visa will be introduced on the 1st of July 2004
- Application for the SIR visa will be on form 47SK to be redesigned for the introduction of the new visa
- The new visa will be Class UX, called the Skilled - Independent Regional (Provisional) visa, subclass number 495
- The SIR visa will be points tested, and will require the applicant to attain a pass mark, which is expected to be 110 points
- Those who have applied for a Skilled Independent visa (subclass number 136) and who do not meet the pass mark for the 136 visa (ie they have been placed in the pool), but do have the pass mark for the new SIR visa will be invited to apply for the new SIR visa. If an applicant accepts the invitation within 6 months he or she will be able to pay a lower visa application charge (see below for details of the visa application charge).
- An application for a SIR visa will have to be accompanied by sponsorship from a State or Territory Government, as evidenced by a completed form 1244
- A new condition 8539 will be present on the SIR visa when it is granted. An 8539 condition will provide that while the holder of the visa is in Australia, he or she must not live, study or work outside a regional or low growth area of Australia, the postcode of which will be specified in an as yet unseen Gazette Notice
- Applicants for the new SIR visa will be required to have at least vocational English
- The pathway to a permanent residency visa will be via an application for an employer sponsored visa, a Skilled - State Territory Nominated Independent visa, a State/Territory Sponsored Business Owner visa, or via a Spouse or Interdependent Partner visa. Applicants for such visas will need to have complied with the requirements of his or her SIR visa to be eligible to apply for one of these permanent residency visas
- A SIR visaholder who wants to apply for a Skilled - State Territory Nominated Independent visa, a Regional Sponsored Migration Scheme visa, or a State/Territory Sponsored Business Owner visa, will be required to have lived in a regional or low growth area area of Australia for 2 years (cumulatively) in the last 3 years, and to have worked in a regional area for one year (cumulatively) in the last 3 years
- The visa application charge for the new SIR visa will be $165 for applicants who are invited to apply for a SIR visa because they have lodged an application for a Skilled Independent visa, subclass number 136, but have not attained the pass mark for that visa (as described above). For those who are applying for a SIR visa with no previous application the visa application charge will be A$1,795 Note - these visa application charges may be amended before the 1st of July, 2004, and this page will be updated once the general increase in VACs is known.
- As with all skilled visa applications there will be a second visa application charge if the applicant is assessed as not having functional English
Commentary
The above changes have been largely identified in previous articles on Go Matilda News, and in many regards this new visa appears to add little to the options available already to intending skilled migrants: the Skilled - State Nominated visa already allows State and Territory Governments to attract migrants to low growth or regional areas, as evidenced by SA, VIC, and TAS.
It is hoped however that this new visa might encourage State Governments in (most notably) QLD and WA to look at establishing regional initiatives in a way that does not appear to have been on their agendas thus far.
Perhaps most importantly for those who are planning to lodge an application for a SIR visa there is no guarantee of permanent residency at the end of a period of work and living in a regional area of Australia. This appears to be the biggest drawback of the new visa, and is likely to the principal reason why (in the writer's view) the take up of the new visa will not be as successful as it would have been had there been more certainty of permanent residency at the end of the term of the SIR visa's validity.
We now await the introduction of the guidelines for sponsorship by the State and Territory Governments, details of which will appear on Go Matilda News as they become known.
In the meantime if you would like to be added to our database of people we will contact with further details of the SIR visa as they become available please send an email to Deborah Ogden with the subject line SIR Visa Database.