Live and Work in Australia

Australia to Implement Skilled Migrant Selection Register from July 1, 2012

2011-12-15T19:23:00.001-08:00

The Department of Immigration and Citizenship (DIAC) has released additional details about the Skilled Migrant Selection Register (SkillSelect) reform which was announced on May 11, 2011.

The implementation of the new Skilled Migrant Selection Register known as SkillSelect is aimed to help Australia select the best and brightest skilled migrants from a huge number of prospective migrants and to fill the available places in the migration program. The SkillSelect system will be based on an Expression of Interest (EOI) and subsequent invitation to apply to ensure a match between the number of applicants, the number of available program places and the available processing resources.

DIAC describes SkillSelect as an electronic two-stage process. Prospective applicants first have to submit a claim for skilled migration through an online EOI and they may then be invited to lodge an Australian visa application on the basis of their EOI. Applicants will be selected from their points test score in each occupation category and invited to apply for skilled migration to Australia at regularly scheduled intervals.

All prospective applicants will be required to meet the relevant English language proficiency and obtain the necessary skills assessment prior to their EOI submission.

The SkillSelect system will affect prospective applicants for the following skilled visas:

Skilled Independent subclass 175 (migrant) and 885 (residence)
Skilled Sponsoredsubclass 176 (migrant) and 886 (residence)
Skilled Regional Sponsored subclass 475 (provisional) and 487 (provisional).

SkillSelect will take effect on July 1, 2012 and from that date, all new prospective applicants for the visas listsed will have to submit an EOI and wait for an invitation before they can lodge their visa application. For those who have lodged a visa application before that date, DIAC will process the application in accordance with any priority processing direction in effect at that time.

New Points system in place

2011-07-21T01:27:00.000-07:00

Australia has implemented major changes to its General Skilled Migration program on 1 July 2011. The pass mark for various visa subclasses is now 65 points. The age limit has also been raised from 45 years of age to 50.

Nominated occupations no longer earn points, but applicants are still required to nominate an occupation. Points are scored for experience in an occupation. Experience within Australia and overseas in a nominated occupation can be combined to earn points of up to 20 points.

There are now tougher English language requirements; All applicants must be at English language level "Competent" to be eligible to apply under the General Skilled Migration programme.

You can gain 5 additional points if you have a spouse who can satisfy the basic requirements under the General Skilled Migration programme; Points can be earned for language skills in a number of community languages such as Punjabi, Hindi, German, French, and many others, and for a qualification at an Australian institution.

There are now tougher English language requirements; All applicants must be at English language level "Competent" to be eligible to apply under the General Skilled Migration programme.

Overview of changes to the points test

Below is a summary of the changes to the points test

Age ranges

Eligibility for points is determined by the applicant's age on the day of making their application. If an applicant is aged between 45 and 49 years of age, they will be able to apply for a visa, but no points will be awarded for age:

Points	Age
25	18-24
30	25-32
25	33-39
15	40-44
0	45-49

Better English Language Results

For all skilled migration points tested visas, the threshold English language requirement will be competent English, which is a minimum score of 6 in each of the four components of the International English Language Testing System (IELTS) test or other language test specified by the Minister. While no points will be awarded for competent English, applicants who have obtained this score are able to apply for a visa as long as they meet the other threshold visa requirements.

Applicants who hold a valid passport and are citizens of the United Kingdom, Canada, New Zealand, the United States of America or the Republic of Ireland are deemed to meet competent English language requirement.

Points	Description of English language ability
20	Superior English (a score of at least 8 in each of the four components of the IELTS test, or equivalent standard in a specified test)
10	Proficient English (a score of at least 7 in each of the four components of the IELTS test, or equivalent standard in a specified test)

Skilled Employment

Points will be awarded for employment in a skilled occupation, either in Australia or overseas.

To claim points for skilled employment, the experience must be in an applicant's nominated occupation, or a closely related occupation. Where applicable, applicants can claim points for both

Australian skilled employment and overseas skilled employment under the points test.

Points	Length of employment
5	One year
10	Three years
15	Five years
20	Eight years

Applicants will be awarded points based on demonstration of a verifiable skilled employment history undertaken in the last 10 years as follows:

Australian skilled employment in their nominated occupation or a closely related occupation.

Points	Length of employment
5	Three years
10	Five years
15	Eight years

For the complete update on the latest changes please see the PDF document listed below

Fact Sheet on the New Points Test

FAQs on the New Points Test

Sources: http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

Registration Expiry

2011-05-16T01:32:00.000-07:00

Dear all,

My registration has expired on the 24th of April, 2011. As of 24th April, 2011, I will not be able to provide any immigration related information, paid or unpaid. The articles available on this blog are for general guidance only and in no way are meant to be considered as professional advice.

Please consult a MARA registered agent for all your immigration queries.

New Points System from 1st July, 2011

2011-02-22T18:33:00.001-08:00

So the bottom line of the new rules is

Increase your English language scores.
Gain more work experience.

Why is a new points test being introduced?

On 8 February 2010, the Australian Government announced a series of reforms to the skilled migration program, including a review of the points test. The points test review found the current points test had led to a skewing of applications toward a small number of occupations and does not always lead to outcomes that are consistent with the objectives of the skilled migration program.

How was the new points test developed?

The Department of Immigration and Citizenship consulted widely in developing the new points test. On 15 February 2010, the department released a discussion paper inviting responses from stakeholders and the general public. More than 220 responses were received from a variety of individuals and organizations including industry peak bodies, education providers, migration agents, current and former international students, prospective migrants from outside Australia and the wider Australian community. State and territory governments were also consulted on the various options under consideration.

The department also took into account research on what aspects of the skilled migration program delivered the greatest contribution to the Australian economy.

How is the new points test different from the current points test?

The new points test provides for migrants with a better balance of skills and attributes. As no one factor will guarantee migration, successful migrants will need to possess a combination of skills and experience. The changes focus on better English language skills, more extensive skilled work experience, higher level qualifications obtained in Australia and overseas and different age ranges. The new points test will continue to award points for study in Australia, regional study, community languages, partner skills and a Professional Year. Points will no longer be awarded on the basis of an applicant’s occupation, but all applicants must still nominate an occupation on the applicable Skilled Occupation List. See: www.immi.gov.au/skilled/general-skilled-migration/pdf/points-fact.pdf

Who will the new points test apply to?

It is important to note that the new points test will only apply to one component of the skilled migration program. This change will not affect every type of skilled migration visa and only applies to applicants for the following visas:

• Subclass 885 Skilled Independent

• Subclass 886 Skilled Sponsored

• Subclass 487 Skilled Regional Sponsored

• Subclass 175 Skilled Independent

• Subclass 176 Skilled Sponsored

• Subclass 475 Skilled – Regional Sponsored.

When will the new points test come into effect?

It is proposed that the new points test will apply to applications made from 1 July 2011, unless the applicant is eligible for transitional arrangements.

Transitional arrangements apply to people who, on 8 February 2010 held or had applied for a Temporary Skilled Graduate visa (subclass 485). Until the end of 2012, this group is able to apply for a permanent skilled visa under the points test in effect as at 8 February 2010.

Student visa holders who lodge an application for points tested skilled migration from 1 July 2011 will be assessed under the new points test. There are still transitional arrangements which may apply to those students affected by the reforms announced on 8 February 2010.

People who held an eligible Student visa on 8 February 2010 still have until the end of 2012 to apply for a Temporary Skilled Graduate visa (subclass 485) under the arrangements in place for that visa as at 8 February 2010.

See: www.immi.gov.au/students/_pdf/recent-changes-gsm.pdf

I am a current international student, and am not eligible for the transitional arrangements detailed above. Will the new points test affect me?

After 1 July 2011, if you are not eligible for transitional arrangements and you lodge an application for any of the visas listed above, you will need to meet the requirement of the new points test

Will the pass mark change under the new points test?

Yes. The pass mark is a tool that allows for management of the skilled migration program and is always subject to change. It is expected that the pass mark will be set at 65 points.

There will no longer be a distinction in the pass mark between independent and sponsored visas and permanent and provisional visas.

I am considering applying for a points tested visa. Should I apply now, or wait until the new points test is introduced?

The decision is one for you to make. The department recommends you carefully consider your situation to determine whether the current or the new points test would be of most benefit to you.

For example, people with higher level qualifications, English language proficiency or more extensive skilled work experience may benefit under the new points test.

I have already lodged an application for a GSM visa. Can I choose to have my application assessed under the new points test?

No. Applications lodged before 1 July 2011 will be assessed against the current points test.

If you want to have your application assessed against the new points test, you will need to lodge a new application after the new points test is introduced. It is important to note that if you choose to lodge a new application, you will be required to pay a new Visa Application Charge (VAC). You will not be able to have the VAC you paid in association with your first visa application refunded.

I will not be ready to lodge an application before 1 July 2011 and under the new points test I don’t think I will be able to meet the pass mark. What are my options?

Australia is fortunate in that there are many more people seeking migration than places available. Skilled migration to Australia is highly competitive and requirements adjust over time according to Australia’s skills needs. Not everyone will be able to meet the requirements for skilled migration.

You may want to consider your eligibility to apply for an alternative migration option, such as the Employer Nomination Scheme or Regional Sponsored Migration Scheme. Further information on these programs is available on the department’s website.

See: www.immi.gov.au/skilled/

Will there be more changes to the requirements for skilled migration?

Australia’s skilled migration program is run to benefit Australia. The program is designed to help deliver the skills the Australian economy needs. The skilled migration program must remain flexible to adjust to economic circumstances to select the best people to contribute to Australia’s future. The program will continue to change over time.

The introduction of the new points test is part of a suite of reforms announced on the 8 February 2010 aimed at delivering a skilled migration program that will select migrants with the high value, nation-building skills that are needed by the Australian economy and labour market.

Why have occupation points been removed from the new points test?

The points test review found that the current points test gives undue weight to a person’s occupation, as an applicant can claim up to half the points needed to meet the pass mark on the basis of their nominated occupation alone.

The introduction of a more targeted Skilled Occupation List (SOL) means it is no longer necessary to award points on the basis of occupation, as all applicants must nominate an occupation from the new list.

Will the new points test changes apply to the threshold age requirements?

Yes. The maximum age threshold for applicants will be raised from 45 to 49. This recognises that in many professions, workers do not reach their full potential until their mid to late 40s, and that significant work experience is a key factor in determining a skilled migrant’s labour market performance.

While applicants aged 45-49 will be eligible to apply, no points will be awarded for age. This means that those applicants will have to have outstanding results in other areas in order to meet the pass mark.

Will the new points test change the allocation of points across different age brackets?

Yes. Australian Bureau of Statistics data and the department’s research indicate that highly skilled migrants who come to Australia between the ages of 25-32 add the most benefit to the Australian economy in terms of lifetime earnings.

I am over the age of 45 and wish to apply. Do I need to wait until the new points test is introduced?

Yes. The maximum age requirement will not be increased until the new points test comes into effect.

Is there a new minimum English language requirement?

For all skilled migration points tested visas the threshold English language requirement will be Competent English, which is a minimum score of 6 in each of the four components of the International English Language Testing System (IELTS) test. No points will be awarded for English language where an applicant has Competent English.

Will the new points test allow applicants to claim points for higher levels of English language proficiency?

Yes. The new points test will recognise applicants with higher levels of English language proficiency.

Will the new points test award points for both overseas and Australian work experience?

Yes. The new points test gives more recognition to applicants who have more extensive skilled work experience, either in Australia or overseas.

Will the new points test award points for experience in any skilled occupation?

No. To claim points for work experience under the new points test, the experience must be in an applicant’s nominated occupation, or a closely related occupation.

I have worked in my nominated occupation in Australia and overseas. Can I claim points for both overseas and Australian work experience?

Yes. If you are able to meet the requirements to claim points for both Australian work experience and overseas work experience under the points test then you will be recognised for both.

For example, an applicant who has worked in their nominated occupation overseas for three out of the past five years and in Australia for one in the past two years will be able to claim ten points for work experience – five points for their overseas work experience and five points for their Australian work experience. Points for skilled work experience will be awarded as follows:

Why are more points awarded for Australian work experience, compared with the same length of overseas experience?

The points test recognises the extra value Australian work experience provides in assisting migrants find skilled employment and settle easily in Australia.

Will points still be awarded under the new points test for the completion of a Professional Year?

Yes. Under the new points test, five points will be awarded to applicants who complete an approved Professional Year in their nominated occupation or a closely related skilled occupation.

Under the new points test will applicants be able to claim points for both a Professional Year and Australian work experience?

Yes. The current points test is designed so that applicants can only claim points for either Australian work experience or the completion of a Professional Year. The new points test allows an applicant to claim points for both completing a Professional Year and meeting work experience requirements. It is important to note however that work conducted as part of the Professional Year program will not be eligible for consideration as work experience.

Why will the new points test award more points to higher level qualifications?

The new points test awards more points to certain higher level qualifications as higher level qualifications generally result in increased earning capacity.

Why doesn’t the new points test award extra points to an applicant who studies a Master program after completing their Bachelor Degree?

Applicants who complete a Master program after completing a Bachelors degree are not awarded extra points, as research indicates that the labour market outcomes of previous skilled migrants have not been improved by holding a Masters degree.

Under the new points test will I be able to claim points for two qualifications?

No. The new points test will only allow applicants to claim points for their highest level qualification. For example, if an applicant has completed a Bachelors Degree and a PhD, they will only be able to claim points for the PhD.

To claim points for a qualification or apprenticeship obtained overseas, do I have to have the qualification recognised?

Yes. To claim points for a qualification or apprenticeship obtained overseas, it will need to be recognised as being of a standard comparable to that awarded by an Australian education institution. Further information regarding the process for having an overseas qualification or apprenticeship recognised will be made available closer to the date of implementation of the new points test.

Are there any restrictions on what Australian qualifications can be used to claim points?

Yes. To claim points for an Australian qualification, the qualification must have been undertaken while the applicant was in Australia and it must have been completed as the result of a course of study that was at least two academic years (that is, 92 weeks as registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)).

Will the new points test still allow points to be claimed for the Australian study requirement?

Yes. Applicants who have studied in Australia and who have met the Australian study requirement will be eligible for five points under the new points test.

Under the new points test can I use the same period of study to claim points for both qualifications and Australian study?

Yes. The new points test will allow applicants who have studied in Australia to use the same period of study to claim points for qualifications and for meeting the Australian study requirement. For example, if you obtain a PhD and meet the Australian study requirement, you can claim 20 points for the PhD and five points for the study in Australia.

Will the new points test continue to award points to applicants who have studied in regional Australia?

Yes. Under the new points test applicants who satisfy the Australia study requirement while studying in regional Australia will continue to be awarded an additional five points. These points will be available in addition to points claimed for the qualification and for meeting the Australian study requirement.

Under the new points test will applicants still be able to claim points for fluency in a designated community language?

Yes. The new points test will award five points to applicants who meet the requirements to claim points for community language.

Will the new points test change the evidence required to claim points for community language?

Yes. The new points test will recognise applicants who are accredited by the National Accreditation Authority for Translators and Interpreters (NAATI) in a designated language.

Points for designated language will no longer be able to be claimed on the basis of having obtained a qualification from a university where instruction was in that language

Will applicants still be able to claim points for partner skills under the new points test?

Yes. The new points test will continue to award five points where the primary applicant’s partner satisfies the threshold criteria for GSM.

Under the new points test, to claim partner points the primary applicant’s partner will need to meet the following criteria:

•be included on the same visa application as the primary applicant

•not be an Australian permanent resident or citizen

•be less than 50 years old at the time of application

•nominate an occupation on the Skilled Occupation List, and be assessed by the relevant assessing authority as having suitable skills for the occupation

•have Competent English

•have been employed in a skilled occupation for at least 12 months in the 24 months before the application is lodged.

Will the new points test change the award of points for sponsorship?

Yes. The new points test will award points for sponsorship as follows.

Nomination by a state or territory government under a state migration plan, or sponsorship by an eligible relative, to a regional area for the purposes of a subclass 487 or subclass 475 Skilled – Regional Sponsored application.

Will family sponsored applicants still be eligible to apply for a permanent Skilled – Sponsored visa?

No. As part of the changes accompanying the introduction of the new points test, from 1 July 2011 applicants for the Skilled – Sponsored subclass 176 or 886 visa subclasses will need to be sponsored by a state or territory government under a state migration plan.

There will no longer be a permanent family sponsored skilled migration visa however eligible family members can still sponsor relatives under the provisional sponsored skilled migration visa. Holders of a provisional sponsored skilled migration visa may be eligible for a Skilled Regional (Residence) visa (subclass 887) after meeting certain eligibility criteria.

Will family sponsored applicants still be able to apply for a provisional Regional Sponsored visa?

Yes. The new points test will continue to award points to applicants for a subclass 475 or subclass 487 who are sponsored to a regional area by an eligible family member or a state or territory government under a state migration plan. Holders of either of these provisional sponsored skilled migration visas may be eligible for a Skilled Regional (Residence) visa (subclass 887) after meeting certain eligibility criteria.

Is there a specific contact number that I can use to find out more about these changes?

The department is operating a dedicated telephone line to respond to any queries on the new points test. Telephone: 1300 735 683

The detailed break down of the points can be accessed by visiting the URL below and opening the PDF file.

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-fact.pdf

Blog is back

2010-05-24T07:03:00.001-07:00

Dear all,

After a long long time, I have re-opened my blog. I had run into some legal troubles with the department which I have resolved now.

I also wish to inform my readers that now I am a registered migration agent. You can view the details of my registration by clicking on this link.

Junaid
Migration Agent Registration Number: 0964018

Changes to General Skilled Migration 2009-2010

2009-07-01T22:42:00.000-07:00

Q1. What changes have been announced for the Skilled Migration program?

The changes announced to the skilled migration program by the Minister for Immigration and Citizenship are:

The Government has decided to set the skilled migration program at 108 100 places
To increase the English language requirements for applicants nominating trade occupations
To increase the English language requirements for applicants applying for the provisional sponsored visas and claiming confessional competent English
To introduce a JobReady test.

Q2. Is the skilled migration program capped, and what does this mean?

The skilled migration program is not capped. Capping means that a set number of visa grants are determined by the Minister for a particular visa category or categories. Once that number is reached no further visa grants can occur until the next program year.

As the economic situation changes, the Government will review its measures to ensure that the program target and objectives are achieved.

Q3. Why have these changes been introduced?

Since the 1 January 2009 changes, the global economic situation has continued to deteriorate, and this has significantly impacted Australia’s economy, including an increase in unemployment. The migration program is one of the tools the Government uses to assist industry with skills and labour shortages, and, as such, is continually reviewed and assessed for its relevance and outcomes in light of the economic and social needs of Australia. The program is modified as these needs change.

Q4. Have the priorities for the program year 2009-10 changed from the priorities of 2008-09?

The Government advised in the May 2009 Budget Announcements that the current priorities for the processing of skilled migration applications will remain the same for the 2009-10 program years (1 July 2009 to 30 June 2010).

On 1 January 2009, Minister for Immigration and Citizenship introduced changes to the skilled migration program including:

• A new section 499 Ministerial Direction on priority processing
• The introduction of a Critical Skills List (CSL)
• Greater scope for state and territory governments to meet critical skills shortages in their jurisdiction

This will ensure that employer-sponsored and government-sponsored visas continue to be fast-tracked. It means that the focus will continue to be on processing applications that are sponsored by an employer, nominated by a State or Territory government, and those with nominated occupations on the Critical Skills List.

The Government may make further adjustments to the Skilled Migration Program this program year.

Q5. Why is the Government making it harder for skilled migrants to move to Australia?

The Government acknowledges the substantial human and financial capital contribution that migrants bring to Australia. The extent to which migrants add to our economy is closely linked to their skills and abilities, and we will need a strong supply of skilled workers when the economic cycle turns and demand for labour picks up again.

These measures will preserve the selection of high-skilled migrants and ensure that employer-sponsored and government-sponsored visas continue to be fast-tracked. It means that Australian employers are more effectively supported in the current economic climate.

Although it may impact many applicants who will now have to wait longer for their visas to be processed, the Government must also take into account the effect the difficult labour market conditions migrants currently face. Also skilled migrants do not have access to most Government assistance for the first two years they are in Australia.

It is expected that further changes may be made as the economic conditions continue to change, to ensure that the Migration Program remains responsive to labour market conditions.

Q6. How long will it take to process my visa? What about visa processing service standards?

The department is unable to estimate how long it will take to process visas, including those which have already been lodged. The visa processing standards relate to normal processing conditions and are only a guide for the majority of applications. They do not take into account the new priority processing measures which have been introduced as a result of the extraordinary economic situation Australia currently faces.

Q7. Where do agents/clients enquire about specific cases?

In the first instance, agents and clients should refer to the information available on the department’s website. This will provide detailed background information on the changes and possible implications.

Where an agent or client’s question is not answered by the information available on the website, an enquiry may be directed to the pre-lodgement enquiry form if the visa application has not been lodged or the post-lodgement enquiry form if a visa has been lodged.

Agents and clients may also contact the General Skilled Migration line:

In Australia: 1300 364 613 for the cost of a local call Outside Australia: +61 1300 364 613 (charges applicable in your home country will apply)

Q8. Where do I get information on general queries about the changes?

General enquiries about the changes should be referred to the information available on the department’s website.

Where more specific information is required, an enquiry may be directed to the pre-lodgment enquiry form if the visa application has not been lodged or the post-lodgment enquiry form if a visa has been lodged.

Agents and clients may also contact the General Skilled Migration line:

In Australia: 1300 364 613 for the cost of a local call
Outside Australia: +61 1300 364 613 (charges applicable in your home country will apply)

Q9. What will happen to those applications which are in the final stages of processing and where the department has requested applicants to provide health and character clearances?

The arrangements will apply to all visa applications, including those in the final stages of processing.

As the economic situation changes, the Government will review its measures to ensure that the program target and objectives are achieved.

Q10. What about applications outside the skill stream?

These measures only affect the skill stream of the migration program.

Q11. What are the changes to English language requirements for GSM visa applicants?

There are two separate changes, Vocational English and Concessional competent English.

• Vocational English:

On 12 May 2009, the Minister announced an increase to a minimum of 6.0 (Competent English) in each of the four components of the International English Language Testing System (IELTS) test for all GSM applicants who nominate a trade occupation.

This will remove the option for applicants with a trade occupation to claim Vocational English.

This change applies to all offshore GSM visa applications (subclasses 175, 176 and 475) lodged from 1 July 2009.

It will apply to all onshore GSM visa applications (subclasses 885, 886, 485 and 487) lodged from 1 January 2010.

• Concessional competent English

The English language requirements for provisional regional GSM visa applicants who claim Concessional Competent English will be raised from an average of 5.5 to an
average of 6.0.

The change will apply to applications for the offshore Skilled – Regional Sponsored (Subclass 475) visa lodged from 1 July 2009.

It will apply to applications for the onshore Skilled – Regional Sponsored (Subclass 487) visa lodged from 1 January 2010.

Q12. Who will be affected by the changes to the English language requirements?

The increased language requirements will apply to all new offshore GSM applications (subclasses 175, 176 and 475) lodged after 1 July 2009 with Australian Standard Classification of Occupations (ASCO) Level 4 nominated trade occupations, and those applying on the basis of meeting the Concessional Competent English requirement (subclass 475 only).

The increased English language requirement for all onshore GSM applicants will apply from 1 January 2010.

Applicants who have applied for a GSM visa before the dates these changes commence will not be affected.

Q13. Are provisional regional visas affected?

Vocational English is being removed from all GSM visas.

Offshore GSM applicants will not be able to nominate vocational English from 1 July 2009. Onshore GSM applicants will not be able to nominate vocational English from 1 January 2010.

This means that even those applicants who nominate a trade occupation will need to meet the requirements for either concessional competent or competent English. Note that concessional competent English is only available for those applicants sponsored under the conditions of either Subclass 475 or Subclass 487.

Further information about all visa requirements is available on the department’s website.

See: http://www.immi.gov.au/skilled/general-skilled-migration/visa-options.htm

• Concessional competent English

The change will affect applicants for the offshore Skilled – Regional Sponsored (Subclass 475) visa from 1 July 2009, and the onshore Skilled – Regional Sponsored (Subclass 487) visa from 1 January 2010.

For the provisional GSM visa subclasses, the threshold English language standard will be raised from an average score of IELTS 5.5 to an average score of IELTS 6.0 for those applicants claiming concessional competent English.

All new applications for the offshore Subclass 475 visa lodged from 1 July 2009 will be affected. The onshore Subclass 487 visa will be changed from 1 January 2010.

In recognition of the increased language requirements, when the change is introduced for applicants for the Subclass 475 visa on 1 July 2009, they will not be required to enrol in an English language training course if they are claiming concessional competent English.

From 1 January 2010, Subclass 487 applicants will not be required to enrol in an English language training course if they are claiming concessional competent English as is currently the requirement.

Applicants who have applied for a GSM visa before the dates these changes commence will not be affected.

Q14. Why is the English language requirement changing?

The aim of the GSM Program is to select migrants who, because of the skills they possess, are more likely to find skilled employment shortly after they arrive in Australia. A high level of English language ability is recognised as being essential for achieving this objective.

The 2006 Evaluation of the GSM Categories recommended that English language ability was an important determinant of skilled migration selection, and as a result, the threshold level of English language ability for GSM visa applicants was raised from vocational English to competent English when the new GSM visa structure came into effect on 1 September 2007. A higher level of English is required for certain occupations where it forms part of the skills assessment.

Furthermore, in recognition of the importance of English language skills, since 1 September 2007, the GSM Points Test has been adjusted to award more points to applicants with very strong English language skills. Those applicants who demonstrate proficient English are awarded 25 points, while applicants who meet the English language threshold are awarded 15 points. The allocation of these extra points means that most applicants who achieve the higher English language standard will be eligible for a permanent GSM visa.

Trade occupations were previously exempt from GSM changes introduced in September 2007. This increase in the threshold English language standard for trade occupations brings it into line with the standard that applies to other occupations under GSM.

Q15. Will there be transitional arrangements for overseas students?

There will be no transitional arrangements for overseas students enrolled in trade courses.

Applicants who apply for a student visa to study a Certificate III trade course are expected to have an English language level of an IELTS 5.0 if they enrol in a preliminary 20 week ELICOS course, or 5.5 with no preliminary ELICOS course.

Given that overseas students must have studied for a total of two years in Australia before being eligible to apply for GSM, it is reasonable to expect that most students should improve their English to IELTS 6.0 over this period.

Q16. I am already in Australia on a subclass 457 visa. Do I still need to sit an IELTS test prior to lodging my skilled migration application?

Yes, all applicants must have sat an IELTS test or an Occupational English Language test in the two years prior to the day the application is lodged.

The only exception is British, American, Canadian, New Zealand or Republic of Ireland citizens who hold a valid, or current, passport and are considered to have ‘competent English’ without needing to provide an IELTS test.

Competent English is equivalent to a score of at least 6.0 in each of the four (4) components of a single IELTS test. Please note that you can not combine the results of an IELTS test.

Competent English is also equivalent to a score of at least ‘B’ in each of the four components of an Occupational English Language test.

To meet the threshold English language requirement, the result must be from a test sat no more than two (2) years before the day the application was made.

Please note that if you are unable to meet the Australian study requirement for onshore GSM visas, you will have to apply for an offshore GSM visa, even if you are already living in Australia.

For further information about the English language requirement, you should refer to the Eligibility section of each GSM visa.

See: http://www.immi.gov.au/skilled/general-skilled-migration/visa-options.htm

Q17. I did not sit an English language test when I lodged my application. Am I eligible for a refund?

All GSM visas require that applicants have evidence that they meet the English language requirement at the time they lodge their application. The Subclass 487 visa allows applicants (except those eligible passport holders) to have booked an IELTS test and provide evidence of this at the time they lodge their visa. All other GSM applicants must have already sat their English language test and received their results before they lodge their application.

Refunds are not given because applicants fail to meet a particular eligibility criterion.

Q18. If I wish to claim partner points, will my partner also need to meet the increased English language requirement?

The changes in English language points also apply to those wishing to claim partner points. This means that if you do not apply for an offshore GSM visa, you nor your partner will be able to claim vocational English. If you apply for an offshore regional Subclass 475 visa and your partner claims concessional competent English, they also must have an average of 6.0 across all four (4) components of the IELTS test.

If you apply for an onshore GSM visa from 1 January 2010, neither you nor your partner will be able to claim vocational English. If you apply for an onshore regional Subclass 487 visa from 1 January 2010, and your partner claims concessional competent English, they also must have an average of 6.0 across all four (4) components of the IELTS test. JobReady Test

Q19. What is the JobReady test?

The JobReady Test is a part of the assessment process to ensure that people who wish to migrate are able to participate in the labour market in the area of their skills and knowledge. The test is currently being developed by the Government in consultation with industry and unions.

The test will initially be applied to trade occupations.

Q20. Why do I have to do it?

A key aim of the GSM program has traditionally been to achieve the migration of “job ready” applicants to supplement the labour market. Employers are looking for employees who are “job ready” and can hit the ground running.

Job ready migrants are more likely to find employment quickly, which leads to improved settlement outcomes for migrants.

The JobReady Test will also ensure consistency of skills and competency across migrants.

Q21. I started my study this year and won’t finish until next year, will it affect me?

If you apply for a GSM visa, other than the 485 or 887 visa, and your nominated occupation is a trade occupation, you will have to meet the JobReady requirement.

Q22. When will JobReady Test become effective?

The JobReady Test will come into effect from 1 January 2010. Applicants who nominate a trade occupation for migration purposes after this date will have to meet the JobReady Test requirement.

Q23. Is the testing process for onshore applications the same as offshore applications?

Yes. The test may vary from occupation to occupation and from one country to another. The Government may target particular cohorts and occupations from time to time.

Q24. Is the JobReady Test the same for all trade occupations?

No, the test may take slightly different forms depending on the occupation, but could be applied to any trade occupation.

Q25. How much will it cost?

The cost is yet to be determined.

Q26. Is there an expiry date for a JobReady test?

This is yet to be determined.

Q27. Will the JobReady Test be necessary for all trade occupations?

The test will be targeted towards particular occupations from time to time.
Critical Skills List – 16 March 2009

Q28. What is the Critical Skills List (CSL)?

The CSL contains occupations that have been identified as being in critical demand in Australia. As these occupations are in critical demand, applicants nominating these occupations will have their applications processed as a priority.

Q29. Will there be changes to the CSL in the 2009-10 program years?

There may be further changes this program year dependent on the impact of the global economic crisis on Australia.

Q30. My nominated occupation was on the CSL, but has now been removed. What will happen to it now?

Only those occupations which are currently on the CSL receive priority processing. If an occupation has been removed from the CSL, it no longer qualifies to be processed before other nominated occupations.

Q31. I have nominated an occupation which is on the CSL. How am I affected?

If your occupation is on the CSL, you will receive priority processing. This means that your visa application will be assessed after all the visas which are sponsored by an employer or nominated by a state or territory government, and before other applications.

Q32. My occupation is now on the CSL. What should I do?

You do not need to do anything. The department identifies those applications which are now prioritized and will advise you when you are assigned a case officer.

Q33. If I get a new skills assessment for an occupation listed on the Critical Skills List, will I then be eligible for priority processing? Can I change my nominated occupation?

No, you cannot change your nominated occupation once you have lodged your visa application in order to access priority processing. If you have a new skills assessment and want to change your nominated occupation, you will need to lodge a new visa application with a new visa application charge (VAC). Please note that there is no capacity to transfer (VAC) payments to another GSM visa application. Also, the legislation allows only limited conditions under which refunds are granted.

Q34. Can accountants who only have IELTS 6 and have not completed the Professional Year receive priority processing?

Only accountants who have a minimum of 7 in each IELTS component or who have completed the Professional Year program under the sc485 visa qualify for priority processing under the CSL.

This means that if you want to have your application given priority, you have the option of sitting the IELTS test and gaining a minimum of 7 in each component of the test.

Accountants who hold a current British, American, Canadian, New Zealand or Republic of Ireland passport are considered to have ‘competent English’ and does not need to sit an IELTS test. To receive priority processing, accountants must demonstrate they have proficient English and so an IELTS result of a minimum of 7 in each component of the test should be provided for these applicants as well.

Please note that the results must be from an IELTS test you sat no more than two (2) years before the day you made your application.

Once you have received your ‘proficient English’ IELTS results, you should contact the department on the post-lodgement form to have your visa processed as a priority.

Q35. I am an accountant with IELTS 6.0, can I still apply for GSM?

If you are an accountant, you may apply for GSM with competent English (a minimum of 6.0 in each component of the IELTS test) but you will not receive priority processing unless you have also completed the Professional Year.

Q36. What will happen to priority processing with these changes to the migration program?

The priority processing directions introduced by the Minister on 1 January 2009 are still in operation and will be applied to all skilled visa applications.

Q37. What are the processing priorities?

The priority processing direction gives priority processing to permanent applications in the following order:

Employer sponsorship
State or territory sponsorship
An occupation on the Critical Skills List (CSL)
An occupation on the MODL
All other applications.

The new priority processing direction gives priority processing to provisional applications in the following order:

1. State or territory sponsorship

2. Family sponsorship where the applicant’s occupation is listed on the CSL

3. All other applications.

As the economic situation changes, the Government will review its measures to ensure that the program target and objectives are achieved.

Q38. Which applicants will receive priority processing?

The priority processing Direction gives priority to applicants with employer sponsorship, state or territory nomination and those skilled migration applicants with an occupation on the CSL.

Q39. What visa subclasses are exempt from priority processing?

Visa subclasses 887, 485, 476 and 487 are exempt from priority processing. Applications in these visa subclasses will be processed in the order in which they are received.

Q40. When the changes to priority processing were introduced?

These changes came into effect on 1 January 2009.

Q41. Why the changes to priority processing were introduced?

The 2008 Budget significantly increased the skill stream of the migration program. However, since then, there has been a significant change in Australia’s economic circumstances as a result of the recent global economic crisis.

This crisis has weakened the Australian economy. In response to these changes in circumstances, the Minister announced a more targeted approach to the skilled migration program, including priority processing of employer sponsored visa applications, state and regional nominated visa applications and the introduction of a CSL of occupations. The Budget on 12 May 2009 announced a reduction in the skilled migration program to 108 100 and an extension of the priority processing arrangements in response to the continuing economic crisis.

People seeking to migrate to Australia who have skills or qualifications in one of the occupations on the current CSL are processed in a higher priority to those applicants who do not. This includes all applications that are on hand as well as any applications received in the future.

Q41. Are these changes temporary or permanent?

The skilled migration program is continually reviewed and assessed for its relevance and outcomes in light of the economic and social needs of Australia. The program is modified as these needs change.

Q42. Is there any difference in processing between onshore and offshore programs?

No, the priority processing affects onshore and offshore applications equally.

Q43. What occupations or industries are affected?

Occupations that are not included in the CSL will not be given priority processing unless applicants are sponsored by an employer or nominated by a state or territory government.

Q44. My application does not fall into one of the priority categories. When can I realistically expect to have my application finalized?

The department is unable to estimate the processing time for GSM visa applications under the current arrangements. As the economic situation changes, the Government will review its measures to ensure that the program target and objectives are achieved.

Q45. If my nominated occupation is not on the CSL. How can I have my application prioritized if my visa class (for example subclass 880, 881, 861, 862) does not allow me to get State or Territory sponsorship?

To be eligible for priority processing, you will need to lodge a new General Skilled Migration application with State or Territory sponsorship, or, if you are eligible, apply for an Employer-Sponsored visa.

Q46. Why medicals and police clearances are still required for subclass 885 and 886 applicants who do not have an occupation on the Critical Skills List or State or Territory government nomination?

Under the Migration Regulations, you must provide evidence that you have applied for health and character clearances when you lodge an onshore GSM visa application.

Visa applicants are required to undergo medical examinations in order to protect the Australian community from high health risks, costs, and overuse of scarce health resources. Similarly, to ensure that all visa applicants are of good character, police clearance certificates are required.

The costs involved are necessary in order to maintain the integrity of the migration program and protect the Australian community. They are kept to a minimum where possible. You should not undertake to re-do any expired clearances until you are requested to do so by a case officer.

Q47. I do not wish to wait indefinitely for my application to be processed. What can I do?

The current arrangements change the order in which applications are processed and the length of time until a decision is reached on those applications which do not meet the new priorities. However, these changes have not affected the requirements for the grant of a visa, and simply replace the previous priority processes.

If you wish to withdraw your application, you may do so. However, please note that the legislation allows only limited conditions under which refunds are granted. A Visa Application Charge (VAC) is usually only refunded when an application is deemed unnecessary or was made as a result of a mistake by either the applicant or the Department. Please note that the application must clearly have been mistakenly made. Situations where the applicant considers a ‘mistake’ was made because they changed their mind or they do not satisfy a criterion for visa grant are generally not covered by the refund provisions.

However if you choose to withdraw your application in writing, it is open to you to seek a refund. Each application for refund is considered on its merits and the department is unable to give an indication of the outcome.

Refunds are not granted if applicants choose to not proceed with their application because it will take longer to process than they expected.

Q48. I paid for my visa to be processed. It is unfair the rules have changed now. Can I get compensation?

No. DIAC will still process applications according to the criteria that applied at the time you lodged your application, but the processing times will be longer. Processing times have always varied depending on the complexity of the particular application and the processing priorities in place at the time.

The visa application charge (VAC) is on a cost recovery basis and relates to the complexity of the criteria that need to be assessed for the grant of the visa. Only a case officer may determine the outcome of a visa application against the criteria in the migration legislation. Applicants are warned not to take any irreversible steps when they apply for a visa, as there are a number of criteria that must be met for applicants to be granted a visa.

Q49. An employer has offered me a job in Australia. Will I get priority processing?

The priority processing only applies to those who have an employer willing to formally sponsor them for migration, not simply a job offer. Applicants who are sponsored by an employer must apply for one of the employer sponsored scheme (ENS) visas.

Q50. An employer has offered to sponsor me. What should I do?

You will need to check your eligibility for an employer sponsored visa. The employer intending to sponsor you must also meet certain requirements.

Applications for ENS visas will receive priority processing.

Q51. How can States and Territories nominate, or sponsor, GSM applicants?

It is entirely at the discretion of States and Territories whether or not they choose to nominate migration visa applicants.

States and Territories can nominate applicants who have an occupation on their skills shortage list. They may also sponsor up to 500 visa applicants and their families a year who do not have occupations on their state or territory list, on condition that the occupation is listed on the Skilled Occupations List (SOL). Applicants should approach the relevant state or territory agency directly to enquire about nomination processes.

Q52. How many people can states and territories bring in under the state and territory skills shortage list?

The number of potential migrants which each state or territory can sponsor from their skills shortage list is unlimited, within the total skilled migration program’s ceiling of 108 100 people.

In addition to their skills shortage list, each state and territory is also allocated a quota of 500 off-list nominations per program year from occupations on the SOL. This enables states and territories to respond effectively to unexpected skills shortages. While off-list nominations are available to state or territory governments, it is their decision which applicants and skills they choose to nominate.

Q53. What is the state skills shortage list?

Each State and Territory compiles its own skills shortage list. Each State or Territory can sponsor potential migrants with skills in an occupation included on their skills shortage list for a General Skilled Migration (GSM) visa. Applicants sponsored by a state or territory government for a permanent visa receive an additional 10 points on the GSM points test.

Q54. Is there any restriction on the types of skills that States and Territories can bring in under the state skills shortage list?

The only limitation is that all occupations nominated by states and territories must be listed on the SOL.

Q55. Can the States and Territories bring in people with skills that are not on the CSL?

Yes, States and Territories may sponsor applicants who have nominated an occupation which is on the SOL but is not on the CSL. They may use their 500 off-list nominations to sponsor other applicants.

Q56. A State or Territory has agreed to nominate me. What do I do?

You will need to provide your State or Territory nominator with your application reference details. Your nominator will then submit a nomination form on your behalf to the department. If the nomination is successful your application will then be eligible for priority processing.

Q57. If I have already lodged an independent skilled application, is there any way to change it to a State Sponsored visa?

If you have lodged a Skilled – Independent (subclass 175) visa or a Skilled – Independent (subclass 885) visa, your visa can be assessed as a State Sponsored visa.

To obtain a state or territory nomination, you should approach the state or territory you would like to live in and request they consider nominating you. Please note that state-sponsored migrants are expected to live for at least two (2) years in the state or territory which sponsors them.

If you are accepted by a state or territory government, they will notify you and lodge the relevant nomination form directly with the department.

You will also need to complete the post-lodgement form to let the department know that you have accepted a nomination and wish to have your application assessed under either the Skilled – Sponsored (subclass 176) visa or a Skilled – Sponsored (subclass 886) visa.

Q58. How will these changes impact on international students?

Australia has a well-deserved reputation for high-quality education and training. We continue to welcome overseas students, and appreciate the contribution they make to both academic life and the communities in which they live.

There are no changes being proposed to the student visa program itself. The pathway from a student visa to General Skilled Migration (GSM) also remains in place. However, applying for a student visa and applying for GSM are separate processes. It is important to note that student visas are aimed at achieving an educational outcome. GSM on the other hand is predominantly driven by the labour market needs of Australia and the requirements for permanent residence can change.

Q59. I am an international student; can I still apply for permanent residence?

International students who were eligible for permanent residence before these changes will still be eligible for permanent residence.

International students who have graduated from an Australian education provider and meet other necessary requirements will still be eligible to apply for permanent residence under the GSM program. Student visa holders will still need to meet the points test and basic eligibility requirements such as having the required level of English language proficiency and having completed a degree, diploma or trade qualification resulting from at least two academic years of study in Australia.

While the requirements for GSM have not changed, Australia continually adjusts and reviews its migration program to ensure it meets changing needs and circumstances. Prospective permanent visa applicants should continue to monitor the website for changes.

International students studying a trade qualification in Australia and intending to lodge an onshore GSM application should note that the English language requirements will change from 1 January 2010. From 1 January 2010, GSM applicants will not be able to claim vocational English (a minimum of 5.0 on each component of the IELTS test). From 1 January 2010 all GSM applicants will have to meet a minimum of competent English (a minimum of 6.0 on each component of the IELTS test).

Note that this change applies from 1 July 2009 for offshore applicants. This means that applicants who apply for an offshore GSM visa from 1 July 2009 will not be able to claim vocational English and must meet a minimum of competent English.

Q60. The course I am studying will not allow me to qualify for an occupation on the Critical Skills List (CSL), can I still apply for a permanent residence visa?

These changes do not impact on the application requirements for GSM. The points test and requirements for GSM have not changed. Students studying in courses leading to 50- or 60-point occupations on the Skilled Occupation List (SOL) will still be eligible to apply for GSM. Students with 60-point occupations will also still be eligible for additional points on the points test if that occupation is listed on the Migration Occupations in Demand List (MODL) and they have the necessary skilled work experience. The SOL and MODL have not changed.

Eligible applicants with occupations not on the CSL will still be able to apply for GSM. However, their visa applications will not be processed as quickly. Those people nominating occupations on the CSL will be given processing priority.

Q61. What visas other than skill stream visas can I access?

International students holding a student visa can continue to apply for other temporary or permanent visas provided that they meet the necessary eligibility criteria.

Q62. The course I am studying will not allow me to qualify for an occupation on the Critical Skills List - Can I enroll in another course?

Students wishing to change course should firstly discuss with their education provider how this can be done. Those students who wish to change to a course in a different education sector may also need to apply for a Student visa of a different subclass and should contact the Department of Immigration and Citizenship (DIAC).

Q63. I am an education provider with students enrolled in a course that will not allow them to qualify for an occupation on the CSL and these students are now withdrawing their enrolment. Is the Government going to compensate me?

No. The Government has not made any changes to international education or student visa policy. The occupations eligible for GSM have not changed. The changes will only impact on those students who apply for GSM on graduation. The change will mean faster visa processing for applicants with employer sponsorship or who are nominated by a State or Territory Government or who have an occupation on the CSL.

The government changes GSM visa requirements in response to economic conditions and labour market needs. As such, the government makes no guarantees that courses delivered by education providers in response to students seeking a permanent migration outcome will continue to assist them in meeting this goal.

Q64. What further changes are proposed for the student program?

At this time, there are no changes proposed to the student visa program.

Applying for a student visa and applying for GSM are separate processes. GSM requirements may be altered in future in response to changing economic circumstances.

The Government is focused on shifting the outcome of the migration program to a more industry driven model where employer sponsored visas become a significant pathway to permanent residence. Further changes along this direction will potentially be made in the future.

Q65. Do these changes affect my 457 application?

No.

Q66. Can I apply for General Skilled Migration while I hold a 457 Visa?

Yes, you can apply for an offshore GSM visa in Australia as a holder of 457 visas as long as you meet the threshold requirements. However, as this is an offshore category visa, you must be outside Australia at the time of grant and you will not be eligible for a bridging visa.

Source http://www.immi.gov.au/skilled/general-skilled-migration/pdf/program-changes-faq.pdf

Changes to Australian Migration Program 2009

2009-04-08T03:58:00.000-07:00

In December 2008, the Minister for Immigration and Citizenship, Senator Chris Evans, announced a range of changes in response to the global economic crisis to ensure the 2008-09 skilled migration program was better targeted and more responsive to industry needs. These changes came into effect on 1 January 2009.

The measures were introduced to ensure that the skilled stream of the migration program is driven by the needs of industry and targets skills in critical need across a number of sectors, particularly those skills in shortage and which contribute to the health of the economy.

These changes included priority processing with preference to:

employer-sponsored permanent migration applications, where skilled migrants are sponsored to go into jobs unable to be filled locally.
applicants nominated by state and territory governments, who were also given greater scope to meet critical skill shortages in their jurisdiction; and
applicants who had nominated an occupation identified as in critical shortage.

Since then, the global economic situation has continued to deteriorate, and this has significantly weakened Australia’s economic situation, including an increase in unemployment. The migration program is one of the tools the Government can use to assist industry with skills shortages, and, as such, is continually reviewed and assessed for its relevance and outcomes in light of the economic and social needs of Australia. The program is modified as these needs change. The Minister has announced additional measures to further assist in the management of the economy through targeting occupations in critical shortage. These include measures to manage the range of skills and number of people entering Australia with work rights.

This will be achieved through managing the migration program down to a lower level than originally planned, and tighter targeting of program outcomes through the removal of certain trade occupations from the CSL. The new ceiling for the 2008-09 skills stream of the migration program is 115 000 places.

This combination of measures is a balanced response to the changes in global economic circumstances and the corresponding effects in Australia. These changes in strategy in no way diminish the significance of our immigration system as a tool for supporting Australia’s future economic and social development.

These measures allow skilled migrants who are sponsored by an employer for a specific job in Australia, are sponsored by a State or Territory government, or have skills in critical need to be given priority for the remainder of 2008-09 program year within the lower program ceiling.

It is important to note that even in times of economic downturn, migrants can contribute at least as much to our labour force and economy as they take from it, as they bring substantial human and financial capital. The degree to which migrants add to our economy is closely linked to their skills and abilities. Also, Australia may need a strong supply of overseas skilled workers in different economic circumstances and migration is still an effective means of securing a labour force as a balance to our ageing population. These measures will preserve the selection of high-skilled migrants but reduce the emphasis on migrants and temporary entrants who compete with Australians in the job market where skills are not in critical demand.

The Critical Skills List (CSL)

The CSL only applies to people who are seeking to migrate under the skilled migration program and who are not sponsored by an employer or nominated by a state or territory government. The following outlines key information about this CSL:

it includes mainly information technology professionals, engineers and medical professionals
the CSL is a smaller list of occupations developed in consultation with state and territory governments
applications from people nominating the occupation of Accountant will receive processing priority only if they have completed the Skilled Migration Internship Program – Accounting (SMIPA); and/or they have demonstrated that they have proficient English language skills under the International English Language Testing System (IELTS 7) in the past two (2) years
this list will be subject to ongoing review to ensure that it remains responsive to skill demands.

Greater scope to meet critical skill shortages in state/territory jurisdictions

This change will provide state and territory governments with greater scope to meet critical skill shortages in their jurisdiction. Under previous arrangements, state and territory governments could nominate applicants against a restricted range of occupations, in areas where they considered a skills shortage existed in their jurisdiction:

states and territories have been provided with an expanded baseline list of occupations which will be reviewed regularly.
in addition, state and territory governments have been offered a quota of 500 places in 2008-09 to nominate skilled migrants in occupations beyond their existing lists of eligible occupations.

The Age rule. Points for 29 years and 3 months old

2009-04-07T04:49:00.001-07:00

Just wanted to make a clarification regarding the points system for age.

Previously I had misinformed some of my blog readers that you can only be awarded 25 points once you reach the age of 29 years. However, the information I gave is incorrect.

You can still get 30 points for age even if you are 29 years and 3 months old OR 29 years and 11 months old. However, once you become 29 years and 365 days old, you become 30 years old and then you will get 25 points for age instead of 30 points.

I hope this valuable information helps every one.

FAQS: Changes to Australian Migration Program 2009

2009-01-20T08:39:00.000-08:00

Q1 What changes have been announced for the Skilled Migration program?

The changes announced to the skilled migration program by the Minister for Immigration and Citizenship are:

a new section 499 ministerial direction on priority processing
the introduction of a critical skills list (CSL)
greater scope for state and territory governments to meet critical skills shortages in their jurisdiction.

Q2 What applicants will receive priority processing?

The new priority processing Direction gives priority to applications with employer sponsorship, state or territory sponsorship, business skills and those with an occupation on the CSL.

Q3 When will these changes be introduced?

These changes will be effective from 1 January 2009.

Q4 Why have these changes been introduced?

In the 2008 Budget, the skill stream of the migration program for 2008-09 was significantly increased to 133 500 places as part of the Government’s strategy to counter the risk of increased inflation due to pressure on the growth of wages. However, since the 2008 Budget, there has been a significant change in Australia’s economic circumstances as a result of the recent global financial crisis.

This crisis has weakened the Australian economy, as reflected in the recent Mid Year Economic and Fiscal Outlook (MYEFO) forecasts. In response to these changes in circumstances, the minister has announced a more targeted approach to the 2008-09 skilled migration program. This announcement includes priority processing of employer sponsored, state and regional sponsored and business skills visas and the introduction of a CSL of occupations. People seeking to migrate to Australia who have skills or qualifications in one of the occupations on the CSL will be processed in a higher priority to those applicants who do not. This will include all applications that are on hand at the time of the announcement as well as any applications received in the future.

Q5 Are these changes temporary or permanent?

The skilled migration program is continually reviewed and assessed for its relevance and outcomes in light of the economic and social needs of Australia. The program is modified as these needs change.

Q6 Will the program be capped, either officially or unofficially?

If the processing of priority categories does not consume all of the department’s processing resources, there are a number of legislative based tools available to the minister to manage the skilled application pipeline, if necessary, including suspension of processing or capping the number of visas to be issued.

Q7 Is there any difference in processing between onshore and offshore programs?

No, the new priority processing will affect onshore and offshore applications equally.

Q8 What occupations or industries are being affected?

Occupations that are not included in the CSL will not be given priority processing unless applicants are sponsored by an employer or sponsored or nominated by a state or territory government.

Q9 How can states and territories sponsor people?

States and territories can sponsor people who have an occupation on their state skills shortage list and they may also sponsor up to 500 people a year who do not have occupations on their state list. Applicants should directly approach the state or territory in which they wish to live to enquire about sponsorship.

Q10 How many people can states and territories bring in under the state and territory skills shortage list?

The number of potential migrants which each state or territory can sponsor from their skills shortage list is unlimited, barring the total skilled migration program’s ceiling being reached. However, each state and territory is allocated a quota of 500 off-list nominations per program year from occupations included on the Skilled Occupations List (SOL) but not on the state’s skills shortage list. These off-list nominations are in addition to the nominations from the state skills shortage list.

Q11 What is the state skills shortage list?

Each state compiles its own skills shortage list. Each state or territory can sponsor potential migrants with skills in an occupation included on their skills shortage list for a GSM visa. Applicants sponsored by a state or territory government receive an additional 10 points on the GSM points test.

Q12 Is there any restriction on the types of skills that states and territories can bring in under the state skills shortage list?

The state skills shortage lists identify occupations believed to be in shortage in each jurisdiction. The only limitation is that occupations included on the state skills shortage lists must also be listed on the GSM SOL.

Q13 Can the states and territories bring in people with skills that are not on the CSL?

Yes, states and territories may sponsor applicants who have nominated an occupation which is on the SOL but is not on the CSL. They may use their 500 off-list nominations to sponsor other applicants.

Q14 What is happening to the Migration Occupations in Demand List (MODL)?

There have been no changes to the points allocated for MODL. The MODL will be reviewed as necessary to determine any changes required for its continued use for skilled migration purposes. Under the section 499 direction, general skilled migration applicants who nominate an occupation from the MODL will receive priority processing after those applicants who nominate an occupation from the CSL and those applicants sponsored or nominated by a state or territory government.

Q15 When will the review of the MODL be undertaken?

It is expected that the review of the MODL will be undertaken in early 2009.

Q16 What subclasses have been affected by this announcement?

The introduction of the CSL and the changes to the processing priorities will affect applications for most GSM subclasses, including those lodged after 1 January 2009 and those already lodged but not yet granted. Applicants for subclasses 485 and 887 will not be affected by this change.

Q17 How many grants were made in 2007-08 for skills that are now on the CSL?

During program year 2007-08, there were 23 424 grants made to all subclasses for occupations that are now on the CSL.

Q18 Where do agents/clients enquire about specific cases?

In the first instance, agents and clients should refer to the information available on the department’s website. This will provide valuable background information on the changes and possible implications.

Where an agent or client’s question is not answered by the information available on the website, they can contact the

General Skilled Migration line on:

1300 364 613 (in Australia) for the cost of a local call
+61 1300 364 613 (outside Australia) (Charges applicable in your home country will apply.)

Q19 What is the feedback mechanism for general queries about the change?

General enquiries about the changes should be referred to the information available on the department’s website. Where more specific information is required, clients can contact the General Skilled Migration line on:

1300 364 613 (in Australia) for the cost of a local call
+61 1300 364 613 (outside Australia) (Charges applicable in your home country will apply.)

Q20 Has something like this happened before?

In 1997, the department introduced priority processing in the partner migration program. In that instance, applicants sponsored by an Australian citizen with children were given priority. The MODL is updated periodically, based on DEEWR labour market research, to meet the changing skill shortages in Australia.

Q21 What is the processing priority going to be now?

The new priority processing direction gives priority processing to permanent applications in the following order:

employer sponsorship
state or territory sponsorship
an occupation on the CSL
an occupation on the MODL
and then all other applications.

The new priority processing direction gives priority processing to provisional applications in the following order:

state or territory sponsorship
family sponsorship where the applicant’s occupation is listed on the CSL
and then all other applications.

Q22 What will happen to those applications which are in the final stages of processing and where the department has requested applicants to provide health and character clearances?

Those applications which are currently close to being finalised, will be finalised by the department, subject to health and character clearances.

Q1 How will these changes impact on international students?

Australia has a well-deserved reputation for high-quality education and training. We continue to welcome overseas students, and appreciate the contribution they make to both academic life and the communities in which they live. There are no changes being proposed to the student visa program itself. The pathway from a student visa to GSM also remains in place. However, applying for a student visa and applying for General Skilled Migration (GSM) are separate processes. It is important to note that student visas are aimed at achieving an educational outcome. GSM on the other hand is predominantly driven by the labour market needs of Australia.

Q2 I am an international student, can I still apply for permanent residence?

International students who were eligible for permanent residence before these changes will still be eligible for permanent residence. International students who have graduated from an Australian education provider and meet other necessary requirements will still be eligible to apply for permanent residence under the GSM program. Student visa holders will still need to meet the points test and basic eligibility requirements such as having the required level of English language proficiency and having completed a degree, diploma or trade qualification resulting from at least two academic years of study in Australia.

While the requirements for GSM have not changed, Australia continually adjusts and reviews its migration program to ensure it meets changing needs and circumstances. Prospective permanent visa applicants should continue to monitor the website for changes.

Q3 The course I am studying will not allow me to qualify for an occupation on the Critical Skills List (CSL), can I still apply for a permanent residence visa?

These changes do not impact on the application requirements for GSM. The points test and requirements for General Skilled Migration have not changed. Students studying in courses leading to 50- or 60-point occupations on the Skilled Occupation List (SOL) will still be eligible to apply for GSM. Students with 60-point occupations will also still be eligible for additional points on the points test if that occupation is listed on the Migration Occupations in Demand List (MODL). The SOL and MODL have not changed. Eligible applicants with occupations not on the CSL will still be able to apply for GSM. However, their visa applications will not be processed as quickly. Those people nominating occupations on the CSL will be given processing priority.

Q4 What visas other than skill stream visas can I access?

International students holding a student visa can continue to apply for other temporary or permanent visas provided that they meet the necessary eligibility criteria.

Q5 The course I am studying will not allow me to qualify for an occupation on the Critical Skills List - Can I enrol in another course?

Students wishing to change course should firstly discuss with their education provider how this can be done. Those students who wish to change to a course in a different education sector may also need to apply for a Student visa of a different subclass and should contact the Department of Immigration and Citizenship (DIAC).

Q6 I am an education provider with students enrolled in a course that will not allow them to qualify for an occupation on the CSL and these students are now withdrawing their enrolment. Is the Government going to compensate me?

No. The Government has not made any changes to international education or student visa policy. There is no reason why a provider cannot continue to offer the same courses. The occupations eligible for GSM have not changed. The changes will only impact on those students who apply for GSM on graduation. The change will mean faster visa processing for applicants with a job offer or who are sponsored by a State or Territory Government or who have an occupation on the CSL.The government changes GSM visa requirements in response to economic conditions and labour market needs. As such, the government makes no guarantees that courses delivered by education providers in response to students seeking a permanent migration outcome will continue to assist them in meeting this goal.

Q7 What further changes are proposed for the student program?

At this time, there are no changes proposed to the student visa program. Applying for a student visa and applying for General Skilled Migration (GSM) are separate processes. GSM requirements may be altered in future in response to changing economic circumstances. The Government is focused on shifting the outcome of the migration program to a more industry driven model where employer sponsored visas become a significant pathway to permanent residence. Further changes along this direction will potentially be made in the future.

Q1 Do these changes affect my 457 application?

No.

Q2 Can I apply for GSM while I hold a 457 Visa?

Yes, you can apply for an offshore GSM visa in Australia as a holder of 457 visa as long as you meet the threshold requirements. However, as this is an offshore category visa, you must be outside Australia at the time of grant and you will not be eligible for a bridging visa.

Australian Migration program changes in 2009

2009-01-17T01:52:00.000-08:00

The Australian migration program for the second half of 2008-09 has changed so that skilled migrants who have a confirmed job, or have skills in critical need will be given priority for a permanent visa to come to Australia.

The Minister for Immigration and Citizenship, Senator Chris Evans, said the changes, effective from 1 January, will ensure that the Skilled Migration program is driven by the requirements of industry and targets skills in critical need across a number of sectors.

This will ensure our migration program is more responsive to the needs of the economy and assists industries still experiencing skills shortages,' Senator Evans said.

The new measures from 1 January 2009 include:

1. Prioritising and improving the processing of sponsored permanent migration visas, where skilled migrants are nominated by employers for jobs that cannot be filled locally;

2. Providing State and Territory Governments greater scope to address the critical skill needs in their jurisdiction. This reflects the different economies and skills requirements across States and Territories;

3. Giving priority to people who apply without a sponsor where they have an occupation on a list of skills in critical shortage;

4. Retaining the existing 133 500 planning target as a cap, with the actual number of visas granted to be kept under review by the Government for the remainder of the 2008-09 year.

'In light of the changing economic circumstances, the Rudd Government has reviewed the Skilled Migration program and consulted business and industry along with state and territory governments Australia-wide about their skills needs'.

'To meet immediate skills needs, the government will fast-track the processing of sponsored permanent migration visas, where skilled migrants are nominated by employers for jobs that cannot be filled locally.'

'This could see employer sponsored visas occupying an increasing share of the skilled program, with 36 000 visas likely in the current year,' the minister said.'

Senator Evans said about 80 per cent of employer-sponsored visas are granted to people who were already living and working in Australia on temporary visas. Fast-tracking the grant of these visas will provide greater certainty to employers and increase the number of visas granted onshore.

Where a person has applied to migrate to Australia without an employer sponsor, they will be given priority if they have an occupation on a list of skills in critical shortage.

The list of skills in critical shortage are mainly in the medical and key IT professionals, engineers and construction trades. The occupations on the critical skills list are the ones most frequently sought by employers through sponsorship.

There was a delay in processing 10 000 applications from engineers, medical professionals and other skilled migrants. Previously, they may have had to wait more than a year before being considered.

Fast-tracking professionals on the critical skills list will ensure that the economy gets the skills it needs now, not just those applicants who applied first,' Senator Evans said.'

The government has also given state and territory governments' greater scope to address the critical skill needs in their jurisdiction. This reflects the different economies that have developed across the country.

It is hoped that the 2008-09 skilled migration program will be better in delivering the skills needed in the economy. There will also be an increase in the number of visas granted to those already in Australia and currently in jobs.

The skilled migration program was significantly increased in the May Budget from 102 500 to 133 500 places to ease nationwide skills shortages.

Senator Evans said a report released earlier in the year by respected economic analyst Access Economics shows that new migrants to Australia deliver hundreds of millions of dollars to the Commonwealth budget and the broader economy every year.

In its Migrant Fiscal Impact Model: 2008 Update, Access Economics found that the fiscal benefits from taxation and visa charges far outweighed the costs that migrants impose on health, education, welfare, employment and settlement services.

'The bottom line is that our migration program is vital to keep the economy growing as well as helping Australian businesses overcome skills shortages,' Senator Evans said.'

Source: www.workpermit.com

ASCO Codes and their meaning

2008-12-30T19:45:00.000-08:00

This post is for all those who are interested in applying for migration to Australia. The post explains how the Australian standard Classification of Occupations work and how a prospective migrant can use the ASCO codes to determine his/her suitability for a particular trade.

Ok first of all what exactly is ASCO and ASCO codes?

To be able to apply for immigration to Australia, you need to have some sort of skills which are required in Australia. The list of all such skills which are in demand in Australia are listed on a Skilled Occupation List, SOL which can be accessed by visiting the URL

If you open the SOL, you will see that there are dozens of professions listed in the SOL. All the professions listed on the SOL are in demand in Australia. Against each profession there is an ASCO code assigned.

The ASCO code of the profession defines the profession and it is the definition of the ASCO which matters while determining the skills of a person. For example I was once contacted by a person who was a high school teacher of Biology. He wanted to apply for immigration by nominating the profession of Biologist. Now according to him he was a biologist but according to the ASCO classification he is a high school teacher and not a biologist.

Similarly in another incident, a pharmacist applied for immigration by nominating the profession of Pharmaceutical sales representative. The person was not aware that according to the ASCO classification, he is a pharmacist and not a Pharmaceutical sales representative.

Hence, it is of utmost importance that before you apply for immigration and nominate a profession, you should be 100% sure that you are nominating the correct profession. Other wise your application will be simply rejected on the basis that you do not have expertise in the nominated profession.

Now the question is how can a person check whether his expertise are in accordance with the classifications of the ASCO codes. While trying to figure out the answer, I finally found an online copy of the complete ASCO codes and the definition of each and every code.

The copy can be accessed at the following weblink

ASCO Codes

So if you are not sure whether your skills and work experience fall into a particular category then simply visit the URL above and check the classification.

Kind Regards

Hiring Migration agents

2008-12-16T03:36:00.000-08:00

I have received a few queries regarding benefits of applying through a migration lawyer. Why should a person apply for immigration through a migration agent/lawyer when much of what an agent does can also be done by the applicant too? After all the agent does is to fill in the forms, send the application to DIAC and be the primary correspondent for all communications.

This is some thing the applicant can also do. So why hire a migration agent and pay large amounts of fees?

Well the above reasoning is very well justified. However, the real role of a qualified agent comes into play when the DIAC raises an objection which the applicant didn't fore see while lodging the application.

For example I have just received an email where an applicant applied for visa subclass 175 and on the date of application he didn't have a valid IELTS results. Although the applicant had appeared in the IELTS exam a few days before he lodged the application, he didnt have the results as yet.

In the opinion of the applicant, there was nothing wrong with lodging the application and he would provide the IELTS results to DIAC when the results are delcared.

What the applicant didnt know is that from Sept 2007, any person who lodges a GSM application must have a valid IELTS result on the date of application.

So according to the law, the application should be rejected on grounds of not fulfilling the criteria at the time of lodging the application and the applicant would incur a loss of $2000 AUD not to forget the waste of time.

So how can a qualified lawyer solve this issue? First of all, if the person had first consulted an agent, the agent would have informed him of the proper way of lodging the application. Secondly an agent knows the intricacies of the migration law and fully understands how the legal framework of the migration law. As a last resort a migration agent can apply for special consideration by invoking ministerial intervention.

This is just one of the many mistakes applicants make while lodging applications.

A good migration agent just doesnt fill in forms and serves as a PO Box service. A good migration agent can save you lots of time and hassle if not money.

So if you are well versed in the migration law, then there is no need to hire a migration agent. However, if you are not sure what you are doing, then its better to hire a migration agent.

Hope this helps

Accepting cases from now onwards

2008-11-16T10:04:00.000-08:00

This post is for any one who would like to hire my services for filing a visa application with the department of immigration. I am accepting cases for skilled migration, spouse visas, student visas, contributory parent visa and state sponsorship visas. Readers interested in hiring my services can contact me.

With great pleasure, I would like to inform my readers that I have entered into a partnership agreement with Australia's most professional and qualified migration agent, Dr Arun Garg, director Auslead International.

Dr Garg is MARA certified agent with RMAN number 9794416. Readers interested in hiring our services can contact me for an initial consultation.

Immigration for Medical practitioners: Doctors and Nurses

2008-10-30T08:29:00.000-07:00

This post is for those doctors and nurses who are interested in obtaining visa 457.

Australia is suffering from a drought of doctors and nurses. The demand for qualified medical practitioners has sky rocketed during the last few years.

Overseas doctors trained doctors and nurses who are interested in working in Australia can either apply for permanent migration by applying for 175 visa(Please see my post for overseas immigration) or obtain a sponsorship from an employer who is willing to sponsor and get a temporary 457 visa which is a three years work permit.

The following websites of each the health departments of each state territory of Australia lists jobs which are open for medical practitioners.

NSW: http://www7.health.nsw.gov.au/healthjobs/Default.cfm?ID=1233

VIC: http://www.health.vic.gov.au/jobs/index.htm

SA: http://www.health.sa.gov.au/Default.aspx?tabid=93

WA: http://www.osrecruitment.health.wa.gov.au/

QLD: http://www.health.qld.gov.au/jobs/default.asp

TAS: http://www.dhhs.tas.gov.au/careers

NT: http://www.health.nt.gov.au/Careers/index.aspx

The process of obtaining a 457 visa is long, specially for doctors and nurses as it requires obtaining approval from state territory boards as well.

The first step is to get an employer interested in you. Get a letter of offer and kick start the process.

Apart from the above mentioned websites, DoctorConnect is also a very good website to start with.

DoctorConnect http://www.doctorconnect.gov.au/

Immigration departments of states and territories

2008-10-26T07:32:00.000-07:00

Here is a list of websites of the immigration departments of Australia's various states and territories.

Victoria: http://www.liveinvictoria.vic.gov.au/ViewPage.action

South Australia: http://www.immigration.sa.gov.au/

Western Australia: http://www.migration.wa.gov.au/

Queensland: http://www.workliveplay.qld.gov.au/dsdweb/v4/apps/web/content.cfm?id=4044

NSW: http://www.business.nsw.gov.au/migration/state_independent_migration.asp

Northern Territory: http://www.migration.nt.gov.au/

Tasmania: http://www.development.tas.gov.au/migration/skilledmigration.html

ACT: http://www.act.gov.au/CAP/accesspoint?action=menuHome

The skills in demand in each of the state can be found by visiting the immigration departments websites of the respective states.

Kind Regards

Difference between 176 and 475

2008-10-26T07:07:00.000-07:00

This article is for those who are interested in applying for 176, 886, 475 or 487 visas. Normally people who cannot achieve the pass mark for 885 or 175 visas apply for the above mentioned visas.

Those applying for offshore immigration (applying from outside Australia) often ask the question

"What is the difference between visa 176 and 475?"

A similar question is asked by those who apply for onshore immigration (applying while inside Australia)

"What is the difference between 886 and 487?"

Searching for the answer, I stumbled upon this link by the Victorian government.

http://www.liveinvictoria.vic.gov.au/ViewPage.action?siteNodeId=1441&languageId=1&contentId=-1

As obvious from the link, every state maintains two types of occupational lists. One list is for 176 visas and one is for 475 visas. 475 visas are mostly regional visas away from Metropolitan centres of the state.

So if your occupation is present on the 475 list of a state, then you can only apply for 475 visa. If your occupation is listed on the 176 list of a state then you can only apply for 176 visa.

Please note that 475 is a temporary 3 years work visa where as 176 is a permanent visa. Both of them require 100 points to qualify.

Here is a list of state/territories offshore 176 and 475 visas. The same applies for onshore 886 and 487 visas.

Victoria 176 list
http://www.liveinvictoria.vic.gov.au/digitalAssets/1377_Skilled%20Sponsored%20176%20Eligibility%20List.pdf

Victoria 475 list
http://www.liveinvictoria.vic.gov.au/digitalAssets/1365_Skilled%20Regional%20Sponsored%20Eligibility%20list%20.pdf

WA 176 visa list
http://www.migration.wa.gov.au/media/documents/priority-skills-list.pdf

WA 475 visa list
http://www.migration.wa.gov.au/media/documents/skills-in-demand-list.pdf

QLD 176 visa list
http://www.workliveplay.qld.gov.au/dsdweb/v4/apps/web/content.cfm?id=3709

QLD 475 visa list
http://www.workliveplay.qld.gov.au/dsdweb/v4/apps/web/content.cfm?id=3710

NSW 176 visa list
http://www.business.nsw.gov.au/migration/state_independent_migration.asp

NSW 475 visa list
http://www.business.nsw.gov.au/migration/pdfdocuments/Skills_In_Demand.pdf

NT 176 visa list
http://www.migration.nt.gov.au/documents/STNI_Shortage_List.pdf

NT 475 visa list
http://www.deet.nt.gov.au/employment/workforce_nt/docs/nt_occupation_shortage_list.pdf

TAS 176 visa list
http://www.development.tas.gov.au/migration/Skilled%20Sponsored%20visa%20list%2022-7-08.pdf

TAS 475 visa list
http://www.development.tas.gov.au/migration/Skilled%20Regional%20Sponsored%20Visa%20List%2022-7-08.pdf

SA 176 Visa

http://www.immigration.sa.gov.au/pdfs/gsm/OccupationList_Permanent.pdf

SA 475 Visa

http://www.immigration.sa.gov.au/pdfs/gsm/OccupationList_Provisional.pdf

Making a complaint to the Immigration department

2008-10-26T02:11:00.000-07:00

If you have lodged an application for a visa and have not received any response, then the first point of contact would be to send them a notice through the following weblink.

http://feedback.immi.gov.au/prod/feedback.htm

Financial requirements for Student Visas

2008-10-24T16:46:00.000-07:00

If you are applying for a student visa; the following people can be in the list provides sources of funds and people who are acceptable as financial guarantors.

Acceptable sources of income

The money to support you and your family members must come from one or more acceptable sources, which may include:

a money deposit with a financial institution that has been held for at least six consecutive months immediately before the date of your visa application by
- you
- your spouse
- your brother or sister
- your parents
- your grandparents
- your aunt or uncle (only if they usually live in Australia and are either a citizen/permanent resident of Australia or an eligible New Zealand citizen)
a loan from a financial institution made to (and in the name of)
- you
- your spouse
- your brother or sister
- your parents
- your grandparents
- your aunt or uncle (only if they usually live in Australia and are either a citizen/permanent resident of Australia or an eligible New Zealand citizen)
a loan from the government of your home country
your proposed education provider
the Australian Government or an Australian State or Territory government
the government of a foreign country
a provincial or state government of a foreign country that has the written support of the national government of the foreign country
an organisation gazetted by the Minister
an acceptable non-profit organisation
a multilateral agency.
Examples: United Nations, World Bank or Asian Development Bank

Note: Non-cash assets such as property and shares are not acceptable sources of income. However, non-cash assets may be liquidated or used as collateral on a loan, if they are provided by an acceptable source.

Providing evidence of money deposits or loans

You need to show evidence of how the money to fund your studies was accumulated.

If your source of income is a money deposit held in a bank account, you must provide the following evidence:

pay slips
bank loan documents
interest from investments.

If your source of income is a loan, you must provide the following evidence:

a bank statement showing the amount of available credit
a statement from the holder of the loan that its purpose is to support your studies.

Note: If your source of income is a home loan with a redraw facility from an Australian financial institution, the funds from the redraw facility may be considered a loan. A home loan with a redraw facility from a non-Australian financial institution may be acceptable, but must be considered on a case-by-case basis.

Financial support from a non-profit organisation

A non-profit organisation providing you with financial support must be lawfully established and operating in Australia or overseas.

You must show evidence of the organisation's non-profit status, including:

statement from the Australian Taxation Office showing organisation's status
documents of incorporation as a non-profit organisation.

You must also show evidence that the organisation has sufficient funds or income to support you financially. Evidence may include:

bank statements
financial statements.

Supporting family members when studying for less than 12 months

If you are applying to study in Australia for less than 12 months, your family members are not eligible to come with you to Australia. However, you must show that you have enough funds to support your family members in your home country, taking into consideration the standard cost of living in that country.

List of eligible sponsors for 886 and 176

2008-10-22T20:09:00.000-07:00

If you are applying for visa subclass 176 or 886 and you want to be sponsored by a relative.

You need to know the list of eligible relatives who can sponsor you.

Who can be a sponsor?

To sponsor a skilled worker you must be at least 18 years of age and usually resident in Australia as one of the following:

an Australian citizen

an Australian permanent resident

an Eligible New Zealand citizen.

You, your spouse or your interdependent partner must be related to your sponsor as one of the following:

a non-dependent child – including an adoptive or step-child

a parent – including adoptive or step–parent

a brother or sister – including adoptive or step-siblings

a niece or nephew – including adoptive or step–niece or nephew

an aunt or uncle – including adoptive or step–aunt or uncle

Where can a sponsor be living?

Your sponsor can live anywhere in Australia.

Formula for calculating two year study

2008-10-21T06:25:00.000-07:00

After a lot of searching, I have finally found out the formula, the immigration department case officers use, to calculate whether a student has studied for two years or not.

Here is the formula.

T=L X C/U , where:

T= Duration for which the student studied the course
L= length of course on CRICOS
C = number of units completed by student, excluding exemptions
U = number of units which would be necessary to complete the studies

Hope this helps all those who are not clear about the two year study rule.

Kind Regards

Junaid

Assessment level changes for student visas from 1st of Sept 2008

2008-09-09T06:04:00.000-07:00

The immigration department has undertaken a review of the student visa Assessment Levels (ALs). This review resulted in changes to the Assessment Levels for 52 countries in one or more education sectors.

The changes are specified in legislative instruments that are available on the Commonwealth of Australia Law website.
See: ComLaw

The new Assessment Levels will be in effect from 1 September 2008. Student visa applications lodged on or after 1 September 2008 will be subject to these new Assessment Levels.

As of 1 September 2008 Form 1219i Overseas Student Program - Assessment Levels will reflect the new Assessment Levels.
See: Student Assessment Levels - 1 September 2008 (184KB PDF file)

Note: The two errors previously identified in the legislative instruments specifying Assessment Levels have been corrected. All Assessment Level changes will be in effect from 1 September 2008.

Assessment Levels and the Student Visa Program

A record number of more than 278,000 student visas were granted in the 2007-08 program year. This represents more than 21 per cent growth in the student visa program in one year.

The department considers each of these student visa applications on their individual merits. Assessment Levels (ALs) streamline this process, allowing the department to deliver fast and efficient service to our clients while maintaining the integrity of Australia’s immigration program.

Transparency in visa requirements and consistent decisions are a pivotal part of the student visa program. In 2007-08, visas were granted to students from over 190 different countries. Assessment Levels, as an objective measure of immigration risk for each of these student groups, are a key tool in determining visa requirements and enable consistency in decisions across this diverse range of clients.

There are five Assessment Levels in the student visa program. They serve to align student visa requirements to the immigration risk posed by applicants from a particular country studying in a particular education sector. Assessment Level 1 represents the lowest immigration risk and Assessment Level 5 the highest. The higher the Assessment Level, the greater the evidence an applicant is required to demonstrate to support their claims for the grant of a student visa.

How are Assessment Levels determined?

Each country, across each education sector, is assigned an Assessment Level which is based on the calculated immigration risk posed by students from that country studying in that education sector.

To determine the Assessment Level of a particular country and education sector, the department examines that group’s compliance with their visa conditions and other indicators of their immigration risk in the previous year.

Where these statistical indicators show that a group has a higher level of immigration risk over a sustained period, the department responds to this trend by raising the Assessment Level of that group. In effect, this requires applicants to submit a higher level of evidence to support their claims that they wish to study in Australia.

Where a group’s indicators demonstrate that they tend to abide by their visa conditions, these lower immigration risk groups have their Assessment Level lowered. This streamlines the visa process by reducing the level of evidence that these applicants need to submit to support their claims for a student visa.

The department regularly undertakes a comprehensive risk assessment of the entire student visa caseload and reviews the Assessment Levels to ensure that they align to the immigration risk of groups.

What Assessment Level am I?

The passport you hold and the education sector of your principal course will determine the Assessment Level of your visa application.

To identify the Assessment Level for your visa application, match your passport type with the visa subclass for the education sector of your principal course.

Form 1219i contains a list of the current Assessment Levels for all passports and education sectors. Your Assessment Level is the one in effect for your passport and visa subclass on the date that you lodged a valid application with the department.

See: Information form 1219i Overseas Student Program - Assessment Levels (58KB PDF file)

If your passport is not listed in the table on Form 1219i you will be subject to Assessment Level 3. If you are sponsored by AusAID or Defence and are applying for a subclass 576 – AusAID/Defence student visa you will be subject to Assessment Level 2.

What Assessment Level are my family members?

Your family members may be eligible to apply for a visa to accompany you to Australia. Family members are subject to the same Assessment Level as the student, regardless of the type of passport the family member holds.
See: Bringing Family

Tougher immigration rules for Indian students

2008-09-02T16:00:00.000-07:00

http://www.theaustralian.news.com.au/story/0,25197,24284358-12332,00.html

AN immigration crackdown will make it harder to recruit students from India, the fast-growing big market in Australia's $12.5 billion education export industry.

University of NSW's pro vice-chancellor (international) Jennie Lang told the HES all universities were likely to have urged students to get their visa applications lodged and processed before the September1 change in immigration risk levels, which affects a host of overseas markets.

"We will also be encouraging (Department of Immigration and Citizenship) staff in offshore posts to ensure that university sector applicants are given priority," Ms Lang said.

A spokesperson from the department said "genuine applicants had nothing to fear from the changes".

According to the latest official data, there were 65,000 Indian students in Australia in the year to June, mostly in vocational education. Although they make up a smaller market than the Chinese, the Indian growth rate is much higher: student numbers from India grew by 55 per cent, compared with 19per cent from China.

The China market, however, benefits in the latest revision of immigration risk, which is based on factors such as rates of document fraud, visa overstay and asylum claims, as well as applications for non-skilled residency for a spouse, for example.

Hong Kong-based international education consultant Alan Olsen told the HES that the change affecting the China market was particularly significant. He said demand for places in English language colleges was likely to increase sharply.

"I think we would all agree that, ahead of events like World Expo in Shanghai in 2010, the learning of English by hospitality staff in China is one of the world's great needs," he said.

Another beneficiary of the immigration change is Saudi Arabia, which has been reclassified as representing the lowest risk level.

Qatar, Oman and Brazil also shifted to the lowest of the five possible levels of immigration risk category; 23 countries now have that rating. Their students are eligible to make online applications offshore.

In all, 43 countries have been judged less risky.

India was not alone in moving up the risk scale. Visa applicants from Colombia, Egypt, Ghana, Jordan, Nigeria, Sri Lanka, Romania and Zimbabwe will have to do more to show they are genuine students.

They will have to give extra evidence of their capacity to support themselves financially, especially with savings histories.

The status of these nine countries had been changed "to combat increased levels of immigration risk", the department spokesperson said.

The risk levels are set across various sectors, including English language courses, vocational education and higher degrees.

The higher risk assessment affects all sectors of the Indian education market, which moved up by one level.

Although the risk level for would-be students from Iran had not been raised, the Iranian Government had been warned this could happen if negative trends continued.

In the latest year-to-date figures from Australian Education International, there were more than 392,000 overseas students in Australia, representing almost a 20 per cent increase inenrolments.

India, China and Nepal continued to be strong growth markets, but those such as Japan, Hong Kong and Taiwan continued to decline.

Vocational education was the fastest-growing sector, up 46.5per cent overall, while university enrolments increased by 2.7 per cent and commencements by 10.1 per cent.

English language courses were up by about 28 per cent.

Study: Migration boosts Australian economy, eases skills shortage

2008-08-23T02:36:00.000-07:00

According to a press release by Australian Immigration Minister Chris Evans, a recent report by Access Economics shows that new immigrants in Australia contribrute hundreds of millions of Australian dollars to the nation's budget and economy every year.

Evans stated in a speech before the Australian Mines and Metals Association that the overall fiscal benefit of immigration is "substantially positive" and it continues to grow over time.

The economic analyst's report entitled Migrant Fiscal Impact Model: 2008 Update looked at the costs that immigrants impose on health, education, welfare, employment services, and settlement services, compared to the fiscal benefits from taxation and visa charges.

For the 2006-07 fiscal immigration year, Access Economics estimated that that years immigrants would contribrute a total benefit of AUD $536 million in the first year, then another AUD $856 million in the second year. This would grow steadily over time and reach AUD $1.5 billion by year 20.

"Applying the same modelling to the 2007-08 migration program, the net fiscal benefit is $610 million in year one, $965 million in year two then growing to $1.5 billion by year 20," Evans noted.

"The forecast for the 2008-09 migration program is for an $829 million benefit in the first year, $1.16 billion in the second year, then $1.8 billion by year 20," he added.

Evans said the Access Economics report dispelled the myth that immigrants impose a huge cost on the taxpayer.

"The positive fiscal impact is particularly pronounced for skilled migrants, which reflects their high rate of labour market participation and higher incomes which in turn leads to a high level of direct tax receipts," Evans said.

Australia's General Skilled Migration program allows individuals to immigrate to Australia if they possess skills and past experience in a large list of occupations.

Evans also said that skilled migrants help Australian employers fill "critical labor gaps" at a time when many employers are struggling to fill positions.

"The bottom line is that our migration program is vital to keep the economy growing as well as helping Australian businesses overcome skills and labor shortages," he added. "Australia is facing a demographic shift that will see more people retire than join the workforce so the permanent skilled migration program provides a stable, effective and targeted source of skilled workers."

http://www.workpermit.com/news/2008-08-22/australia/immigration-boosts-australian-economy-eases-skills-shortages.htm

Overseas students flout work restrictions

2008-08-11T01:10:00.000-07:00

INTERNATIONAL students are making a mockery of immigration laws by flouting visa conditions which limit them to 20-hour working weeks, with those driving taxis in Victoria clocking up to twice as many hours behind the wheel as they're allowed.

Despite a warning from Immigration Minister Chris Evans that taxi owners who employed students in breach of their visa restrictions risked up to two years' jail, cab advocacy bodies and student drivers revealed the industry was largely ignoring the law.

Student bodies have urged the Rudd Government to lift the 20-hour cap, saying overseas pupils should be entitled to juggle their academic commitments with as many hours of work as they can manage.

The Australian understands the Howard government planned to target Victorian taxi businesses as a first step in a national crackdown on students who were rorting the employment restrictions of their visas.

Victorian Taxi Drivers Association secretary Thomas Henderson, whose organisation represents the interests of both driver and owner members, admitted some holders of student visas were clocking up to 40 hours a week on the road.

Read on

The Australian

Australia reducing labor shortages through skilled immigration

2008-07-23T00:31:00.000-07:00

New data released by immigration authorities in Australia show a 27 percent increase in its temporary skilled migration program for 2007-08 financial year.

According to Immigration Minister Chris Evans, the increase in the number of temporary 457 visas highlighted the importance of the program to Australian employers in delivering skilled labor from overseas.

A total of 110,570 temporary visas were granted to foreign workers and their dependents in 2007-08 compared to 87,310 the previous year. The number of primary visa holders increased from 46,680 in 2006-07 to 58,050 in 2007-08.

New South Wales had the largest number of 457 visas granted with a total of 20,480 primary 457 visa holders, followed by Western Australia at 11,800 primary visa holders.

81 percent of foreign workers holding temporary 457 visas were employed in professional occupations and highly skilled jobs. The top three occupations were computing professionals, registered nurses, and business and information professionals.

Nearly 25 percent of 457 visa holders in 2007-08 came from the United Kingdom. They were followed by India at 14 percent, the Philippines at 9 percent, and the US, South Africa and China at 6 percent each.

The 457 temporary visa allows employers to hire overseas workers for periods between three months and four years. However many choose to remain in Australia permanantly. In 2007-08, 25,000 457 visa holders became permanent residents, an increase of 30 percent over the previous year.

Evans stated that minimum salary levels for 457 visa holders will rise at the end of the summer.

"Minimum Salary Levels for subclass 457 visa holders will increase by 3.8 per cent from August 1 after remaining frozen for more than two years," Evans stated in a release.

Minister says Australia needs unskilled overseas labor

2008-07-23T00:27:00.000-07:00

Australia may need to let in more unskilled foreign labor to meet critical shortages in some industries, according to Immigration Minister Chris Evans.

Evans told the John Curtin Institute of Public Policy that the agricultural, hospitality, and aged care industries are demanding access to unskilled and semi-skilled workers from overseas.

"The question of whether or not temporary and unskilled foreign labour is needed to sustain our economy has been answered," Evans said. "Our economy is already reliant on that labour source."

He stated that in some cases, businesses may be forced to shut down if they cannot fill occupations with help from overseas.

Currently, Australia's immigration policy grants preference to skilled migrants under schemes such as the 457 temporary foreign worker visa and the General Skilled Migration program.

Recently, the Australian government increased the number of people allowed under its skilled migration policy for the current financial year by 31,000. This brings the total number of skilled migration places to 133,500.

Trade Personnel: Migrating as a trade person

2008-07-13T02:06:00.000-07:00

There are a lots of skilled trade persons in demand in Australia. Some of such trade persons are

1. Automotive Electrician
2. Cooks and Chefs
3. Blacksmith
4. Plumbers
5. Brick layers
6. Butcher
7. Carpenter
8. Electrician
9. Gardener
10. Hair Dresser

The list is exhaustive and can be checked by viewing the Skilled Occupation list at the following URL

www.immi.gov.au/allforms/pdf/1121i.pdf

Migrating as a trade person is relatively easy as compared to a Professional or an Associate professional. There are many limitations on professionals which are not there on trade persons. For example, to immigrate as a trade person,

You only need to have a score of band 5 , vocational, in all modules to be eligible for an application for permanent residency where as in non-trade professions such as accountant, IT, engineering, you require a minimum score of band 6 in all modules of IELTS.
The minimum amount of study requirement is only high school where as in most non-trade professions the minimum amount of requirement is at least a bachelors degree.

The above mentioned two main advantages of applying for immigration as a trade person make it very easy for trade persons to apply for offshore immigration.

The greatest benefit in applying for immigration as a trades person is that there is great abundance of highly paid jobs for qualified trades personnel. I personally know a chef who gets paid an annual salary of $80,000 in one of Sydney's best restaurant.

So my advice to all those people who are not able to apply for immigration as professionals is that they should explore the option of applying for immigration as a trades person.

The usual process of skills assessment and the usual requirement of work experience of one year applies to trade personnel as well.

In most cases the assessing body for trades personnel is either VETASSES or TRA.

Australia: Extensions to some Working Holiday visas

2008-07-13T01:07:00.000-07:00

Some young people in Australia on Working Holiday visas will be allowed to stay longer, Immigration Minister Chris Evans announced on 01 July 2008.

"From today, working holiday visa holders who have worked in the construction industry in regional Australia for at least three months will be eligible to apply for a second working holiday visa," Evans said.

"Extending this concession to construction will help this booming industry by encouraging people on working holidays to undertake short-term construction work in regional Australia," he added.

Previously, second Working Holiday visas were only available to individuals who have worked for farmers in regional Australia for at least three months.

The initiative has assisted thousands of farmers across Australia. Almost 12,000 second Working Holiday visas are expected to be granted in 2007-08.

"We are seeing a record backpacker program this year, which is great for businesses, especially in regional Australia, and good news for Australia's tourism industries," Evans noted.

According to the Department of Immigration and Citizenship (DIAC), the number of Working Holiday makers has more than doubled in the past decade. DIAC estimates that 155,000 visas are likely to be granted in 2007-08, a 24% increase over the previous year.

DIAC also estimated that 180,000 Working Holiday visas may be granted in 2008-09.

"The increasing numbers of working holiday makers will continue to meet the needs of other industries that employ the backpackers and will not be disadvantaged by the extension of the concession to the construction industry," Evans said.

Australia: Minister urges states to increase skilled immigration

2008-07-13T01:06:00.000-07:00

Australian Immigration Minister Chris Evans is urging states and territories to increase their use of state-sponsored skilled migration to meet labor market demands.

"There is the capacity within the Federal Government's permanent skilled migration program for states and territories to sponsor overseas skilled workers in occupations in demand," Evans said.

Evans noted that the government recently added an extra 31,000 skilled migrant places to the 2008-09 Migration Program in an effort to help employers in Australia deal with skills shortages. In total, skilled migration makes up 133,500 places in the Migration Program.

"I will be encouraging the states and territories to increase their use of state-sponsored migration to better link skilled workers to the economic needs in their jurisdictions," Evans said. He said that the government would consider providing "greater flexibility" for states and territories under the sponsorship program to enable them to sponsor more skilled migrants.

According to Department of Immigration and Citizenship figures, state and territory sponsored skilled migration only makes up 10 percent of overall skilled migration into Australia in recent years. In comparison, employer sponsored immigration makes up 20 percent.

Skilled workers coming to Australia under independent skilled migration visas -- the visa of choice for most individuals looking to live and work in Australia -- continue to dominate the program at over 50 percent.

Australia: Experts to advise government on 457 visas

2008-07-13T01:02:00.000-07:00

A panel of experts will advise the Australian government on how to improve its temporary 457 visa scheme, according to Immigration Minister Chris Evans.

The panel will include various Australian state government officials as well as industry groups and union representatives.

Australia's temporary 457 visa -- similar to the United States H-1B visa -- allows Australian employers to hire workers from abroad. Controversy has surrounded the program related to allegations of employer-exploitation of workers.

In addition to providing advice pertaining to possible skilled migration policy changes, the panel will advise the government on an ongoing "integrity" review of the 457 visa program and provide feedback on reform proposals.

The panel will also examine how the temporary 457 visa program "can best integrate with the employer and state-sponsored permanent skilled migration program," according to a press release by the Department of Immigration and Citizenship.

Employer and state-sponsored permanent migration makes up a small part of Australia's immigration program, something Minister Evans would like to see changed. Currently, more than 50 percent of skilled immigrants come to Australia under its independent visa categories, which do not require sponsorship or a previous job offer.

Australia responds to need for skilled migrants

2008-07-13T00:59:00.000-07:00

Three new Australian 'Centres of Excellence' have been set up in Perth, Sydney, and Melbourne to speed up the processing of temporary 457 visa applications for employers wishing to hire overseas workers.

The centers were set up in response to increasing demand by Australian employers for skilled workers from overseas to help ease labor shortages.

The 457 visa allows Austrlalian employers to employ skilled workers from abroad to fill occupations in Australia on a temporary basis for between three months and four years.

The centers come in response to recommendations by a panel of experts commissioned by the government to help improve the efficiency of the 457 visa program.

According to Immigration Minister Chris Evans, 457 visa processing times were already showing improvement.

"In June 2007, an average of 400 cases was processed within seven days whereas in June 2008, more than 1200 applicants were granted visas within a week," Evans said.

"The 457 program is critical to meeting the current labour market demands and the new Centres of Excellence will continue to improve the effectiveness of the processing of visas," he added.

Australian immigration authorities were dealing with a backlog of about 13,000 subclass 457 visa applications since March. That backlog has since been cleared.

The 457 visa is only one of many visas designed to bring skilled overseas workers to Australia. The General Skilled Migration (GSM) program allows skilled individuals in a long list of occupations to immigrate to Australia permanently, with or without an existing job offer with an Australian employer.

Australia: Mining industry looks to immigration for skilled workers

2008-06-23T14:33:00.000-07:00

A new report commissioned by the Minerals Council of Australia states that the Australian mining industry will need an additional 90,000 workers by 2020 to keep up with demand in the growing industry. The report said that increasing skilled migration is one step towards achieving this goal.

The report forecasted a 6 percent annual employment growth rate to 2012, double the Australian government's estimate of 3 percent and "far higher" than previous industry forecasts.

Due to the minerals and energy requirements of India and China, Australia is expected to make it through largely unaffected the recent uncertainty in global financial markets resulting from the slump in the United States housing market.

"We are confident we are three years into a 'super cycle' of global demand for our products - a decade and more of sustained demand - which some consider could even last twenty years," said Minerals Council Chief Executive Mitchell H. Hooke.

"The report found that more than half the growth in jobs will occur in Western Australia, Queensland's minerals industry labour force will grow by 50 percent and South Australia's demand for minerals workers will more than double", Hooke added.

Skilled migration is seen as an important source of employees for the mining industry. Mining professions, among many other occupations, are listed on Australia's Skilled Occupation List, for which the government grants permanent visas under its General Skilled Migration program.

"While the Minerals Council welcomes recent Federal Government initiatives to increase the number of skilled training places and streamline temporary visa applications for skilled immigration, more must be done to[...]further increase skilled migration," Hooke said.

However, the Australian government has not been sitting idly by while Australian employers clamor for more skilled immigrants. Recently, the Australian government increased the number of skilled migration places for the current year, increasing the quota from 102.500 to 133,500 for 2008-09.

Source: Work Permit

My story

2008-06-08T09:44:00.000-07:00

Achieving the Permanent residency status is the number one agenda of every international student or prospective migrants wanting to come to Australia.

I was one such international student who arrived in Australia on the 2nd of Feb, 2005 and became a permanent resident on the 28th of May 2008. I had to go through a painful, stressful and outrageously expensive process , though, I think there was also a less expensive way to do so.

Any how, what is done is done. Let me narrate my story in pictures and words. Hope the readers are able to make a much better decision and learn from my experiences.

Offer of admission from UTS

I was offered a letter of offer from UTS some where in Nov 2004. I quickly started the procedure for the final grant of a student visa to Australia. Paying the tuition fees, performing medical check ups, blah blah.

Grant of visa

Finally after filling out all the forms, submitting all the documents requested, I was finally granted the visa.

Letter of grant of visa from the Australian High Commission, Islamabad, Pakistan

Unlike previous times, I was not interviewed for the visa. The visa was sent stamped on my passport and sent to the offices of my educational consultant.

Original Student visa as stamped on my passport. The label has been stamped inoperable on expiry.

Studying at UTS

Studying while searching for work and getting blue collar jobs such as filling shelves in super markets, washing cars and delivering pizzas was some thing I had never done before.

After a lot of struggle, hard work, patience and determination, I was finally able to finish my studies from UTS

Page one of my UTS transcript

Degree awarded during graduation ceremony

Permanent Residency

I applied for Permanent residency on the 27th of Sept, 2007. After appearing in the IELTS exam for three times, I was able to achieve a score of

Listening 8.5
Reading 9.0
Writing 8.0
Speaking 9.0

in the exam because of which I was able to claim the extra bonus points.

Copy of my IELTS report.

Finally on the 28th of May, after waiting for almost eight months , I was awarded the permanent residency.

Stamp of permanent residency on my passport.

End of story!

Australia updates Migration Occupations in Demand List

2008-05-22T16:17:00.000-07:00

Australia has updated its Migration Occupations in Demand List (MODL), adding twelve new specialties and removing one. The MODL is a list of occupations that the Department of Education, Employment and Workplace Relations (DEEWR) consider to have a shortage of skilled labor in Australia.

Immigration authorities grant bonus points to skilled migrants who have experience in an occupation listed on the MODL when applying for skilled immigration to Australia. The nation uses a points based system, much like the UK's Tier 1 skilled immigration system, which assesses applicants based upon factors such as age and past experience. Successful applicants may be eligible to immigrate to Australia under a permanent visa, even without a previous job offer from an Australian employer.

Twelve occupations were added to the MODL on 17 May 2008, including five Computing Professional specializations. Electronics Engineer, Optometrist and Dental Technician were also added to the list. In addition, three trade occupations were added: Binder and Finisher, Landscape Gardener, and Tree Surgeon.

The 'Computing Professional specializing in Sybase SQL Server' profession was removed from the MODL.

For a complete listing of occupations in demand in Australia, see our online MODL. Also, please note that the MODL is a separate list from the Skilled Occupation List (SOL).

People applying for skilled immigration to Australia under the General Skilled Migration program must show experience and/or qualifications in a job listed on the SOL to qualify for entry. However, if they can also nominate an occupation that is also listed on the MODL at the time the application is lodged or assessed by immigration authorities, they can gain bonus points for the 'occupation in demand/job offer' section of the General Skilled Migration points test.

To see if you have the qualifications that Australia is looking for, use our points calculator.

New permission to work arrangement for student visa holders

2008-04-29T03:46:00.000-07:00

What is the new arrangement? Why was it introduced?

People granted student visas on or after 26 April 2008 will receive permission to work with their visa grant. This will apply to both the primary student and any family members travelling with them on their student visa. As a result, most student visa holders will no longer need to apply separately in Australia for permission to work. The new arrangement will save student visa holders time and money.

Does it change when I can work, and the hours I can work?

No. Work rights for student visa holders haven’t changed. Students are still not allowed to work until they have started their course and the hours they can work have not changed. They can work up to 20 hours a week while their course is in session (excluding any work undertaken as a registered component of their course of study or training) and they can work unlimited hours during scheduled course breaks. Family members of students are not allowed to work until the student begins their course. They are allowed to work up to 20 hours per week at all times. Family members of students who have started a masters or doctorate course may work unlimited hours.

Have student visa application charges changed?

Yes. Previously most student visa holders paid a total of $490 – an initial $430 for their visa application and $60 in Australia for the separate permission to work. Now student visa holders will pay only one charge of $450 for the combined visa application and permission to work.

I need to lodge a new student visa application but already have work rights. Will I have to pay the new $450 visa application charge?

Yes. All people who apply for a student visa on or after 26 April 2008 will pay the new $450 charge.

I was granted my student visa before 26 April 2008 and haven’t yet applied for work rights. How can I get permission to work?

People granted student visas before 26 April 2008 can still apply separately for permission to work. To find out more go to http://www.immi.gov.au/students/students/working_while_studying/how-to-apply.htm

Do I need a visa label to show my employer my work entitlements?

No. Your visa information is held electronically and you can access it at any time using the Visa Entitlement Verification Online (VEVO) system. Employers, banks and government services can also check details about your visa entitlements on VEVO once they have your consent to do so. For information on how to access VEVO go to www.immi.gov.au/e_visa/evo.htm

I was granted a student visa outside Australia after 26 April 2008. My visa label still shows Condition 8101 – Do I need to get a new visa label?

No, you do not need to get a new visa label. Your visa information is held electronically and you can access it at any time using the Visa Entitlement Verification Online (VEVO) system. For information on how to access VEVO go to www.immi.gov.au/e_visa/evo.htm

Various Visa Conditions

2008-04-27T03:53:00.000-07:00

The following post describes various conditions which can be imposed on your student visa. You must know what visa conditions are on your student visa and what their implications are.

Most of the conditions explained in the post are on student visas. Conditions imposed on the family members accompanying students are also listed in the post.

8105

You cannot work more than 20 hours per week* when your course is in session (other than work which has been registered as a part of the course).
Note: No work limits apply during recognised periods of vacation offered by your education provider.
You cannot undertake work until you have commenced your course in Australia.
*A week begins on a Monday and ends on the following Sunday.

8202

You must remain enrolled in a registered course (unless you are an AusAID/Defence student or secondary exchange student in which case you must maintain full-time enrolment in your course of study or training).
Note: a registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).
See: CRICOS website
You must maintain satisfactory attendance in your course and course progress for each study period as required by your education provider.

8501

You must maintain adequate arrangements for health insurance during your stay in Australia.
Note: Under policy, this means that you must maintain Overseas Student Health Cover (OSHC).

8516

You must continue to satisfy the requirements for grant of your student visa. This means, for example, that your main course of study must continue to be a course in the education sector that matches your student visa, and that you must continue to have sufficient financial capacity to support your study and stay in Australia.

8517

You must maintain adequate schooling arrangements for your school-age dependents who joined you Australia on a student dependent visa for more than 3 months.

8532

If you have not turned 18 you must maintain adequate arrangements for your accommodation, support and general welfare for the duration of your stay in Australia.

To maintain adequate arrangements for welfare you must stay in Australia with:

your parent or legal custodian
or
a relative who has been nominated by your parents or custodians who is aged over 21 and is of good character
or
accommodation, support and general welfare arrangements that have been approved by your education provider.

Note: You must not change those arrangements without the written approval of your education provider.

If your welfare arrangements are approved by your education provider you must not travel to Australia until your welfare arrangements are due to commence.

8533

You must notify your education provider of your residential address in Australia within 7 days of arriving in Australia. You must notify your education provider of any change in your residential address within 7 days of the change. You must notify your education provider of a change of education provider within 7 days of receiving the electronic Confirmation of Enrolment certificate or evidence of enrolment.

8534

You are not entitled to be granted a further substantive visa, other than:

a Student visa with Permission to Work
Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8534
a further Student Guardian visa
or
a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

8535

You are not entitled to be granted a further substantive visa, other than:

a Student visa with permission to work
Note: if you apply for and are granted permission to work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8535
a Student visa that is supported by the sponsoring government agency
or
a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

8101

You cannot work in Australia.
Note: You may apply for a new Student visa with Permission to Work when you have arrived in Australia and commenced your course.
See: Working While Studying

8203

You must not change your course, or your thesis or research topic, unless the department has granted approval.

8204

You must not undertake or change a course, or a thesis or research topic for a:

graduate certificate
graduate diploma
masters degree
doctorate
or
a bridging course required as a prerequisite to a course of study or research for a master degree or a doctorate. Unless the department has granted approval.

8303

You must not become involved in any activities that are disruptive to, or in violence threaten harm to, the Australian community or a group within the Australian community.

8523

Your family unit members must not leave Australia later than you.

8534

You are not entitled to be granted a further substantive visa, other than:

a Student visa with Permission to Work
Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8534
a Graduate-Skilled (subclass 497) visa
a further Student Guardian visa
or
a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

8535

You are not entitled to be granted a further substantive visa, other than:

a Student visa with permission to work
Note: if you apply for and are granted permission to work, this will change only the work conditions on your student visa, all other conditions will remain the same including 8535
a Student visa that is supported by the sponsoring government agency
or
a visa to engage Australia's obligations under the 1951 United Nations convention relating to the status of refugees.

Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.

"NO Further Stay"

2008-04-12T08:19:00.000-07:00

If you have been granted a visa with the condition "No further stay" on it, then this article is for you to read.

Some times, when you are granted an Australian visa, whether it is student or visitor, a special condition called “No further stay, 8503” is imposed on your visa.

It depends upon case to case basis and the visa officer granting the visa. Just in case your visa carries the 8503 restriction, then you should know what your options are as you are in a little bit of trouble.

First of All: How to check if condition 8503 has been imposed on your visa:

If condition 8503 has been imposed on your visa, you will see the code '8503' listed under the conditions on the visa label in your passport. If you don't have a visa label in your passport there will be information in your grant letter advising that condition 8503 has been imposed on your visa.

What are the implications of condition 8503?

If condition 8503 has been imposed on your visa, it means you cannot apply for another visa or ask for your visa to be extended while you are in Australia. Once you depart Australia, condition 8503 will not prevent you from applying for other visas.

For more information read the following document.

Department of Immigration: No Further stay 8503

A-Z of Offshore Migration

2008-03-20T17:00:00.000-07:00

In my previous posts, I have mainly discussed onshore migration visas. You can find related posts for onshore migration here, here and here.

Just to recap once again, following are the different categories for offshore migration visas.

Offshore immigration. If you are outside Australia

Skilled – Independent (Migrant) visa (subclass 175)
A permanent visa for people with skills in demand in the Australian labour market. Applicants are not sponsored and must pass a points test.

Skilled – Sponsored (Migrant) visa (subclass 176)
A permanent visa for people unable to meet the Skilled – Independent pass mark. Applicants must be either sponsored by an eligible relative living in Australia or nominated by a participating State or Territory government. Applicants must pass a points test lower than that for the Skilled – Independent visa.

Skilled – Regional Sponsored (Provisional) visa (subclass 475)
A three (3) year provisional visa for people who can meet the lower pass mark for this visa. Applicants must be either sponsored by an eligible relative living in a designated area of Australia or nominated by a participating state/territory government. After living for two (2) years and working for at least one (1) year in a Specified Regional Area, applicants can apply for a permanent visa.

Skilled – Recognised Graduate (Temporary) visa (subclass 476)

An 18 month temporary visa for graduates of recognised overseas educational institutions who have skills in demand in Australia. There is no points test for this visa.

There are some other offshore migration visa options but all of them come with strings attached. Which means there are conditions attached to them.

Obviously, every one would be interested in the visa subclass 175 which doesnt place any restrictions of any sort. You can live and work any where in Australia. The rest of the visas have their conditions like living in a particular area etc.

How to Apply for offshore migration

Step 1.

The first step in applying for an offshore migration visa subclass 175 is to chose a profession which is listed on the Skilled Occupation List, SOL, or the Most on Demand List, MODL.

If your profession is not listed on the SOL/MODL then you cannot apply for skilled migration. There might be other ways but this post only deals with skilled migration.

Also, you must satsify some basic criterias for being able to apply for offshore skilled migration. For example, you should be under 45 years of age AND you must have post-secondary (such as university or trade) qualifications (in a small number of occupations substantial relevant work experience may be acceptable) and your skills must have been assessed by the relevant Australian assessing authority as suitable for your nominated occupation.

Check what the is current pass mark for your visa sub class 175. And see that provided you get a positive skills

Step 2.

The second step is to make sure that you have, in the past 24 months before you lodge the application, at least have 12 months of experience in the profession you have selected on the SOL/MODL.

Please note that this is only the immigration departments work experience requirement. You might need more work experience depending upon who your assessing body is.

For example for IT professionals the work experience requirement set by the Australian Computer Society, ACS, is 4 years, whereas the work experience requirement set by Engineers Australia for engineers is zero years. Yes, engineers Australia require an engineer to write a competency demonstration report. If you write a good report perfectly, you get a positive skills assessment. If you write an unsatisfactory report, you get a negative skills assessment. So basically you can get yourself assessed from engineers Australia right after your undergrad degree and then work for one year and then apply for immigration.

In order to get a positive skills assessment from ACS, an IT professional must have 4 years of work experience. If you do not have 4 years of work experience, ACS will not give you a positive skills assessment. Which means the Immigration department will not be able to consider you for immigration as the ACS doesn't consider you a qualified IT professional.

Step 3

Get yourself assessed by your assessing body. The name of each assessing body is listed next to the profession on the SOL/MODL.

Different assessing bodies have different criterias for giving overseas applicants a positive skills assessment.

For example, an IT professional, must have studied in a degree which has 75% of core computer science subjects AND also have 4 years of paid professional experience in the IT industry.

For engineers, the Australian Engineering council requires writing of a Competency demonstration report, CDR, by the candidate as well as 3 years of professional experience.

Most assessing bodies consider undergraduate degrees PLUS work experience as the criteria for giving a positive skills assessment to a candidate.

The process of getting a positive skills assessment takes any where between 8 to 12 weeks.

Step 4

Appear in the IELTS exam. You must be at least at the "competent" level in the IELTS exam to be eligible to apply for occupations other than trade occupations. You should have a high enough level of English that would enable you to score at least a "6" on all four components of the IELTS (International English Language Testing System) examination. However, if your nominated occupations is a trade occupation, a score of "5" (vocational) will suffice.

From Sept 1, 2007, any one getting 7 and above in all bands of IELTS is awarded bonus points and an applicant can gain 25 points if he/she scores 7 or above in all bands of IELTS in either academic or general version of the test.

Step 5

After having acheived a positive skills assessment and a score in IELTS exam, you should lodge an application with the Department of Immigration and Citizenship, DIAC.

While applying online, you will realize how many points you are scoring. It is better to calculate your points beforehand using the points calculator which you can access at the following link.

Points calculator

If you are falling short of points, it would be advisable to contact a lawyer.

It is better to lodge the application online as that speeds up the process.

The online process is pretty straight forward. Once the application is lodged online, you might be asked to send original documents by post.

The process takes between 10 to 16 months.

Bonus Points

You can gain bonus points for getting 7 and above in all bands of IELTS, for having a spouse whose profession is also on the SOL/MODL. Note that to claim points for spouse skills, the spouse will also have to proove his/her skills by getting a positive skills assessment from the relevant assessing body.

The hurdle of IELTS

2008-03-12T08:24:00.001-07:00

One of the processes to gain permanent residency is to gain a certain score in the International English Language Testing System, IELTS exams.

As per the legislative changes introduced in the points system from the 1st of September, 2007, if you gain 7 or more then 7 in ALL modules of IELTS, then, you score 25 points.

When I first appeared in the IELTS test in Sept, 2004 in Pakistan, I scored more then 7 in all modules of IELTS in the academic version of the test.

While applying for residency in 2007, I was very much confident that I would score more then 7 in all modules of IELTS on the first go, however, to my surprise, I was unable to score 7 in all modules and was constantly getting 6.5 in the reading module.

Finally on the third attempt, I achieved above 7 band in all modules of IELTS and got through the exam. I actually got 8.5 in listening, 9 in reading, 9 in speaking and 8 in writing.

Word of Advice

Do not take the IELTS exam lightly, even if you are really confident of your English language skills. It can become a real big hurdle. For those who have a weakness in a particular area of the English language should prepare well before the exam.

IELTS can become a real pain in the neck without any reason.

Do not take it lightly and be well prepared for it.

Practice Material:

I have been receiving a lot of queries from people asking for help in the IELTS examination.

I am putting up some material which you can download by clicking on the following links.

http://rapidshare.com/users/V4KHSM

Simply download all files and then unzip them all in the same directory.

Please note that all files are required to unzip the archive. You have to use the winrar application to be able to open the archive.

Best of luck.

Choosing a migration lawyer

2008-03-04T18:08:00.000-08:00

I have been receiving a very high volume of emails requesting help regarding visa migration to Australia.

Certain people have also offered to pay me for my services. I want to inform all my readers that I am not a registered migration agent and the advice I provide on this blog is free of charge. This doesn't mean that what I am telling you is wrong. The fact that I am not a registered migration agent/lawyer means that I cannot charge you for providing legal services or any advice on this blog.

Warning

There are lots of scams going on in the market where unregistered, non-professional people posing as lawyers rip off people by charging them high legal fees. There is a strict penalty for such crimes and the person involved can face criminal charges.

How to chose a migration lawyer/agent?

The first step you should take in choosing your lawyer agent is to confirm whether he/she is registered with the Migration Agents Registration Authority, MARA.

Please note that migration agents outside Australia are not required by Australian law to be certified from MARA. However, any one providing migration services, inside Australia is required by law to be a certified MARA migration agent. So its up to you to chose a MARA qualified migration agent or to chose a non-qualified MARA agent.

All registered MARA migration agents have a registration number. If you want to hire a lawyer, agent, You should ask for your lawyers/agents MARA registration number. You should ask for your lawyers/agents MARA registration number.

The authenticity of that registration number can be confirmed by checking it from the online database provided on the website of MARA.

Your agent/lawyer/consultant of the firm should be a registered Migration Agent under Australian Government Legislation. This legislation requires Registered Migration Agents to demonstrate that they are of good character and demonstrate competence in Australia's immigration law. Registered Agents must operate in accordance with a detailed Code of Conduct. You can also have a look at the Information on the Regulation Migration Advice Professional (IRMAP)

What are the benefits of hiring a MARA registered lawyer?

The greatest benefit a customer has while hiring a MARA registered lawyer/agent is that you can legally sue your lawyer/agent by lodging a complaint with MARA. If you do not hire a registered migration agent, you will not be able to legally sue him in Australia. It doesn't matter whether you yourself live in India or Brazil. Sending an email complaining against your agent/lawyer would be enough.

There are many other benefits such as knowledge and skills of a registered lawyer and his experience in handling cases etc.

I myself made a mistake and hired a non registered MARA lawyer and got myself into trouble. So instead of trying to save money and then getting yourself into trouble, it is advisable to pay a little extra and hire a professionally qualified lawyer who can get things done quickly and in a proper way.

Eligibility for registration

To be eligible to register with the MARA, you must be over 18 years of age and be either:

an Australian citizen
the holder of an Australian permanent visa
a New Zealand citizen holding a special category visa.

In considering registration applications, the MARA must be satisfied that an applicant:

is a fit and proper person to provide immigration assistance (an AFP National Police Check is required)
has demonstrated competence in the English language
has completed a Graduate Certificate in Australian Migration Law and Practice or holds a current legal practicing certificate
holds professional indemnity insurance.

The MARA website contains forms and guidance about the requirements for becoming a registered migration agent.
See: www.themara.com.au

Points for PR

2007-10-28T22:47:00.001-07:00

For most General Skilled Migration visas, your application will be assessed against a points test. You can claim points under a range of different factors. The maximum points that can be claimed in any one factor reflects how valuable those characteristics are in the Australian labour market or in assisting settlement.

What is the pass mark?

The pass mark is the total points you need to score to be eligible for a points–tested General Skilled Migration visa.

What happens if you don't meet the pass mark?

If you have applied for a Skilled – Independent (Migrant) visa (subclass 175) or a Skilled – Sponsored (Migrant) visa (subclass 176) and you score below the pass mark, but above the 'pool mark', your application will be held 'in the pool' for up to two (2) years after assessment.

If the pass mark is lowered at any time in that two (2) year period, and your score is equal to or higher than the new pass mark, your application will be processed further.

Rather than waiting in the pool, you could consider the following visa options if you do not meet the pass mark:

If you score 100 points you may be eligible for a Skilled – Sponsored (Migrant) visa (subclass 176) or a Skilled – Regional Sponsored (Provisional) visa (subclass 475) visa.
See:
Skilled – Sponsored (Migrant) visa (subclass 176) visa
Skilled – Regional Sponsored (Provisional) visa (subclass 475) visa
If you meet the pool mark for the Skilled – Independent (Migrant) visa (Subclass 175), you can still lodge and register for the Skill Matching Database. More information on Skill Matching is available.
See: Skill Matching Database

What are the current pass and pool marks?

The table below lists all the current pass and pool marks for the points–tested visas in the General Skilled Migration category.

Category	Pass mark	Pool mark
Skilled – Independent (Migrant) visa (subclass 175)	120	100
Skilled – Sponsored (Migrant) visa (subclass 176)	100	80
Skilled – Regional Sponsored (Provisional) visa (subclass 475)	100	100
Skilled – Independent (Residence) visa (subclass 885)	120	120
Skilled – Sponsored (Residence) visa (subclass 886)	100	100
Skilled – Regional Sponsored (Provisional) visa (subclass 487)	100	100

How often do the pass and pool marks change?

Changes to the pass and pool marks occur to address Australian labour market needs.

You should check the current pass mark immediately before making an application. You will be assessed against the pass and pool mark that is in effect on the day you make your application.

Points Break down

You can calculate your points at this link

http://www.workpermit.com/australia/point_calculator.htm

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Please note that the pass marks are subject to change. You should check the latest pass marks when making decisions. I will update my blog regularly to reflect any changes in the pass marks.

A-Z Immigration guide for International Students and Professionals

2007-10-28T05:42:00.000-07:00

Since I have been receiving large volumes of email requesting me to explain in detail about how to migrate to Australia, I will try to answer this not-easy-to-answer question over here.

You can migrate to Australia by following different path ways.

One such path way is by coming to Australia as an international student and then applying for Permanent Residency, PR.

The point to note while applying for PR is that you have to gain certain number of points. If you can score the required points, you get PR. If not then you have to do some thing else to get extra points to be eligible for PR.

How much points you have to score? That depends on the type of immigration you are applying for. For a complete list of different categories of immigration, please check this post.

Once you have determined which category you have to apply through, you look up the required score for your category. For example, these days, the score required for International students is 120. For a complete list of scores for different categories, check this post.

Once you have determined what the required score is, you go about calculating whether you can score that much points or not.

So this is a brief over view of how to immigrate to Australia.

1. Chose your category.
2. Check the score for that category.
3. See if you can score that many points or not.

Now there are two ways to immigrate. On shore and offshore immigration. I have explained both of them in the post mentioned above. You can visit it here.

I will first explain the process of immigrating for those people who want to immigrate to Australia as international students.

Immigrate to Australia as an International Student

The reason most people are interested in coming to Australia as an international student is because later on they want to apply for PR and get settled down in Australia. If you are one of them then read what I have written below.

If you want to apply for PR after completing your post graduate degree, you need a great deal of planning. You need to have the precise knowledge of how many points you will get once you finish your degree and whether you can then apply for PR with that number of points or not. If not, then what is the way to make up for those points. Make sure you know ever thing before you come to Australia. It would be of no use if you complete your only to know that you are short of 5 points. You will be left high and dry in the middle of no where and your whole two years of emotional, physical, financial and academic investment would be ruined.

Ok enough of advices. Time to get down to the basics.

Step 1.

If you want to immigrate to Australia, you need to have some thing which Australia needs. A particular type of Skill which is in demand in Australia.

How can you tell if the skills you have are in demand or not?

You can check that from the Skilled Occupation List SOL, or the Most on Demand List, MODL.

There is no difference between SOL and MODL except that certain professions on SOL are in high demand and therefore placed on MODL. If you have skills of an occupation listed on MODL, you will claim bonus points for that.

What if my profession is not on SOL?

If your profession is not on SOL, you will score less points then those whose occupations are listed on SOL. So all you have to do is to get those extra points from other alternative means to cover up for your occupation not being in SOL.

Check this post to see how to get extra bonus points.

What next?

The next step is to apply for an admission in an Australian university for a post graduate degree which is closely related to the profession of your choice. I will deal with undergraduate degrees later on.

This profession of choice would be the same as the one you have chosen on SOL. Please note that the word "closely related" is very technical in nature and you should be completely sure that your degree IS actually closely related to your choice of profession.

You are also supposed to be enrolled in a course which is a valid CRICOS course. If you enrol in a course which is not a valid CRICOS course, you are not eligible for PR.

Two Years study

Also you should remember, that to be fulfil the prerequisites of PR, you should have studied in Australia for two years. What does that mean? Check this post. Understanding the two year rule is very necessary.

The bottom line is that before you apply for PR, you should have studied in degrees, diplomas or trade certificates for a total official period of 92 weeks.

If your degree was of 52 weeks but you completed it in 92 weeks, it will still be considered as 52 weeks NOT 92 weeks. Check the post for more details.

You can complete these 92 weeks by studying one degree or by studying multiple degrees, diplomas or trade certificates.

Ok I have finished my degree now what?

Congrats! Apply for PR! What else? But it would be wise to consult a lawyer before you do that just to make sure if things are in the right order or not.

This was a brief primer to immigration to Australia for International students.

I will discuss immigration for other professionals who dont want to spend money in over post graduate education and want to apply for offshore immigration. Visit this post for updated information.

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The two year rule

2007-10-27T08:13:00.000-07:00

What is the two year rule?

Its very important to understand the two year rule.

The two year study requirement was introduced in July 2003 in recognition of the value of Australian study in equipping visa holders to find skilled employment and settle easily in Australia. The intention of the two year study has always been to ensure that applicants for GSM have a strong foundation of at least two academic years study in Australia. The value arises not only from having an Australian qualification but from having substantial exposure to Australian society and culture.

The Government has amended the Regulations to clarify the two year study requirement in response to some confusion surrounding its interpretation.

From 1 September 2007, to meet the two year study requirement, applicants will have to complete one or more degrees, diplomas or trade qualifications for award by an Australian educational institute as a result of a course or courses:

Registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS);

Completed as a result of at least two academic years’ study;

Completed in a total of no less than 16 calendar months; and

That the applicant studied in Australia, while holding a visa that allowed study and for which all instruction was conducted in English.

In addition:

Students will not be penalised for changing education providers provided they obtain credit for their previous study and this study was in a CRICOS registered course undertaken in an Australian institute while physically present in Australia and in accordance with any visa conditions.

In line with the National Code 2007, students will also be able to count study undertaken online towards meeting the two year study requirement (up to 25%), if they were in Australia for the duration of that period of study.

These changes benefit students because they allow more flexibility.

What is two academic years?

To demonstrate that you have studied for at least two academic years, you must show that you have completed the equivalent of two years study at 100% of a full-time load. If you are given credit from prior learning it will reduce the amount of study you have completed.

The department will use CRICOS to determine whether a course meets the two year requirement. From 22 October 2007 a course that has a registered duration of 92 weeks will be accepted as a course equating to two academic years of study.

Examples:

If a student completes a full qualification in a course that is registered as 92 weeks, they will have met the two year study requirement.

Where a student completes two eligible qualifications, each related to their nominated occupation, that together total at least 92 weeks registration on CRICOS, they will have met the two year study requirement.

Where a student enrols in a three year full time course, they can be granted recognition of prior learning or credit for up to one year of full-time study and still meet the two year study requirement (as defined above) when they complete the qualification.

Where a course is CRICOS registered for 92 weeks a student enrolled in this course who is given any credit for prior learning will not have completed two academic years of study. In this situation, the applicant would need to have (or complete) an additional eligible qualification related to their nominated occupation in order to have completed, in total, the required two years of academic study.

If a course is CRICOS registered for 92 weeks but a student elects to complete the course through accelerated learning, for example through a summer semester of study, the student is considered to have met the two year study requirement if they complete the course in no less than 16 calendar months.

If a student enrols in a course that would only require 1.5 years to complete full-time but has taken two years to complete, this will not have met the requirement for two years of academic study.

Example 1:
If a course is CRICOS registered for 138 weeks (3 years) and consists of 24 units, 100% of full-time enrolment would equate to 8 units per year. In that course, a student will have completed two academic years when they have successfully completed 16 units. That means a student enrolled in that course can be given credit for prior learning for up to 8 units and still complete two academic years study.

Example 2:
If a course is CRICOS registered for 92 weeks (2 years) and consists of 12 units, 100% of full-time enrolment would equate to 6 units per year. Students would be required to complete all 12 units to meet the two year study requirement.

A student enrolled in this course who is given any credit for prior learning will not have completed two academic years study and may have to complete an additional degree, diploma or trade qualification to meet the two year study requirement.

My case:

I will explain my own example to make things easy for understanding.

You can see the certificate of completion from my university below.

Certificate of completion issued to me by UTS at the end of successfull completion of my degree.

As you can see the certificate shows two things

The start date and the end date, which is from 28th of Feb, 2005 to 18th of July, 2007. A total of 29 months OR 116 weeks.
The other important thing mentioned is the "Normal full time duration" of the course which is 4 semester (2 yrs or 52 weeks).

Although I completed the course in an extra 6 months, the actual duration of the course is 2 yrs, NOT 2.5 yrs.

So when the immigration department opens your case file, it will look at two things

1. The official course duration as listed on the CRICOS website. In my case, my course is 104 weeks.

You can check that by clicking on the link for CRICOS website.

2. The total duration of the course in a full time load as shown by the certificate of completion on the letter issued to you by your university.

I hope I have cleared the doubts of every one by providing my own example.

Kind Regards

Junaid

Australian Immigration for Dummies

2007-10-25T22:42:00.000-07:00

This is the shortest most brief tutorial on Australian immigration.

There are three main categories of Skilled Australian Immigration.

1. Onshore immigration
2. Offshore immigration
3. Employer Sponsored (you can be in Australia or outside Australia)

In most cases, the end result of applying for immigration through offshore and onshore immigration is that you would receive the Permanent Resident Visa, class 885,886,175,176. And after having lived in Australia for four years(as of now), you can apply for Australian citizenship. In some cases you might receive Temporary Resident visas which allow you to work and live in Australia for a specific time. After having lived for the specific amount of time, you can then apply for Permanent residency. I will first deal with the onshore migration section and later on discuss the offshore one.

1. Onshore immigration. If you are in Australia

Skilled – Independent (Residence) visa (subclass 885)

A permanent visa for eligible overseas students who have obtained an Australian qualification in Australia as a result of at least two (2) years study and for holders of certain temporary visas with skills in demand in Australia. Applicants are not sponsored and must pass a points test.

Skilled – Sponsored (Residence) visa (subclass 886)

A permanent visa for eligible overseas students who have obtained an Australian qualification in Australia as a result of at least two (2) years study and for holders of certain temporary visas with skills in demand in Australia. For applicants not able to meet the Skilled – Independent pass mark, who have either a relative in Australia to sponsor them or a nomination from a State or Territory government. Applicants must pass a points test lower than that for the Skilled – Independent visa.

Skilled – Regional (Residence) visa (subclass 887)

A permanent visa for eligible provisional visa holders who have lived for at least two (2) years and worked for at least one (1) year in a Specified Regional Area in Australia.

Skilled – Regional Sponsored (Provisional) visa (subclass 487)

A three (3) year provisional visa for eligible overseas students and holders of certain temporary visas who can meet the lower pass mark for this visa. Applicants must be either sponsored by an eligible relative living in a designated area of Australia or nominated by a participating state/territory government. After living for two (2) years and working for at least one (1) year in a Specified Regional Area, applicants can apply for a permanent visa.

Skilled – Grduate Temporary Visa (subclass 485)

An 18 month temporary visa for overseas students who have obtained an Australian qualification in Australia as a result of at least two (2) years study. Allows applicants who are unable to pass the points test to remain in Australia for 18 months to gain the skills and experience needed to apply for a permanent or provisional General Skilled Migration visa. No points test applies.

All the above categories are mainly designed for International students who have studied in Australia for two years OR for skilled people who are on various temporary resident visas and have skills which are in demand in Australia. Now we will discuss some of the offshore visa options.

2. Offshore immigration. If you are outside Australia

Skilled – Independent (Migrant) visa (subclass 175)

A permanent visa for people with skills in demand in the Australian labour market. Applicants are not sponsored and must pass a points test.

Skilled – Sponsored (Migrant) visa (subclass 176)

A permanent visa for people unable to meet the Skilled – Independent pass mark. Applicants must be either sponsored by an eligible relative living in Australia or nominated by a participating State or Territory government. Applicants must pass a points test lower than that for the Skilled – Independent visa.

Skilled – Regional Sponsored (Provisional) visa (subclass 475)

A three (3) year provisional visa for people who can meet the lower pass mark for this visa. Applicants must be either sponsored by an eligible relative living in a designated area of Australia or nominated by a participating state/territory government. After living for two (2) years and working for at least one (1) year in a Specified Regional Area, applicants can apply for a permanent visa.

Skilled – Recognised Graduate (Temporary) visa (subclass 476)

An 18 month temporary visa for graduates of recognised overseas educational institutions who have skills in demand in Australia. There is no points test for this visa. Employer Sponsored Immigration The employer sponsored immigration has three different categories.

Temporary Visas

For lawfully operating Australian and overseas employers to employ approved skilled workers for temporary vacancies in particular occupations required in Australia. Temporary visas can offer a pathway to a permanent visa.

Skilled Workers Temporary Visa Options

Temporary Business Long Stay – Standard Business Sponsorship (subclass 457)

A program for employers to sponsor approved skilled workers to work in Australia on a temporary visa. Employers can nominate a number of positions for different occupations under the same sponsorship application.

Service Sellers

For representatives of overseas suppliers of services who are negotiating, or entering into, agreements to supply their services in Australia under the General Agreement on Trade and Services (GATS).

Medical Practitioner visa (subclass 422)

Doctors should generally apply for a Temporary Business (Long Stay) visa (subclass 457) but this visa is an alternative for doctors registered to work in Australia. Employers must lodge a separate sponsorship application for each doctor sponsored.

Educational visa (subclass 418)

For educational workers to be employed in Australia on a temporary basis. The sponsoring organisation must be an Australian tertiary education or research institution, school or technical college.

Labour Agreements

Formal arrangements for an Australian industry group or employer to recruit a specified number of skilled workers on a temporary or permanent basis over a number of years.

Permanent Visas

For lawfully operating Australian employers to sponsor skilled workers in particular occupations required in Australia .

Skilled workers Permanent Visa Options

Employer Nomination Scheme (subclass 121/856)

For lawfully operating Australian employers to recruit workers on permanent visas, to fill full-time highly skilled positions which cannot be filled from the Australian labour market.

Regional Sponsored Migration Scheme (subclass 119/857)

For employers in regional Australia to employ skilled people in positions unable to be filled from the local labour market.

Labour Agreements

Formal arrangements for an Australian industry group or employer to recruit a specified number of skilled workers on a temporary or permanent basis over a number of years.

So this is a general overview of the three main pathways to Australian immigration. I will be posting more on immigration to Australia later on.

If you find my posts helpful please leave feed back or comments. Kind Regards