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Proposed Changes to the General SKilled Migration Programme July 2012

The Australian Government has decided on a major reform in the way Australia selects skilled migrants, the Skilled Migrant Selection Register (SkillSelect). SkillSelect will build upon and draw together the suite of reforms to the skilled migration program over the past three years. In doing so it will deliver the skills Australia needs by matching the best and brightest migrants to the available places in the migration program. Click here for details

Announcement of New Points Test for General Skill Migration to be implemented 1 July 2011

The 1 July 2011 points test is designed to select the best and brightest skilled migrants who will make the optimum economic contribution to Australia. It does not give undue weight to any one factor and recognises a broader range of skills and attributes. Click here for more details.

New Skills Occupation List to be implemented 1 July 2011

The Skilled Occupation List (SOL) will change from 1 July 2011, with 13 occupations to be added to the list and 4 occupations to be removed.
The SOL determines which occupations are eligible for independent or unsponsored skilled migration.
Click here for the new list

Country Profile - South Africa

  • Country Profiles provide statistical information (including permanent and temporary migrant inflows and outflows and key statistical data on the different types of visa categories) on the 10 countries providing the most permanent migrants to Australia
  • Current Country Rankings show the different types of migrants coming to Australia from those top 10 source countries

Discussion Paper - Review of the Business Skills Visa Program

The Department of Immigration and Citizenship is conducting a comprehensive review of the Business Skills visa program to:
a) Determine whether the program is meeting its intended objectives and if any adjustments are necessary.
b) Determine what role the Business Skills program should play in building Australia’s economy, including the economies of regional Australia.
c) Ensure that the program aligns with and contributes to the broader strategic objectives of the Skilled Migration Program.

For more details click here

Processing priority groups for General Skilled Migration

Priority processing arrangements apply to skilled migration applications. They determine the order in which the department considers applications. Applications accorded a higher priority under the arrangements will be processed ahead of lower priority applications, regardless of when the application is lodged.

The following table details processing priorities for skilled migration applications.
Note: The highest priority is listed first.

Priority Group Number
Application Type
1
Employer sponsored under the Regional Sponsored Migration Scheme (RSMS) program or who have applied for a Skilled – Regional (subclass 887) visa.
2
Employer sponsored under the Employer Nomination Scheme (ENS) program.
3
Nominated by a state or territory government agency for an occupation specified on that agency’s state migration plan
4
Applicants who have nominated an occupation on the Skilled Occupation List (SOL) – Schedule 1.
See: Skilled Occupation List
5
All other applications

Processing times – skilled migration applications affected by processing priorities

The below table describes the processing times for the following visa subclasses.

Priority Group Number Visa Subclass Processing Time
1
RSMS
(subclass 119, 857)
Skilled Regional
(subclass 887)
Low risk – 5 months
High risk – 8 months
2
ENS
(subclass 121, 856)
Low risk – 5 months
High risk – 8 months
3
State Migration Plans (SMP)
(subclass 176, 475, 487, 886)
Low risk – 12 months
High risk – 24 months
4
Nominated Occupation on the SOL – Schedule 1
(subclass 175, 495, 496, 861, 862, 863, 880, 881, 882, 883, 885 and 176, 475, 487 if not SMP)
18 months
5
All visas listed in priority 3 and 4, that are not SMP or Nominated Occupation on the SOL – Schedule 1. Assessment will commence when all cases in priority groups 1-4 are finalised.

 

 

Relaxation of Exchange Control

The Minister of Finance, Pravin Gordhan, recently delivered his Medium Term Budget Policy Statement.
The announcement contained inter alia, significant new relaxations of exchange controls.
The proposals were confirmed by Exchange Control Circular No. 37/2010. However, please note that it is still not certain when these changes will actually come into effect. A further circular is still awaited from the Reserve Bank confirming this.
The proposed changes (insofar as they affect individuals) are as follows:
Investment allowance for individuals 
Currently, a South African resident is able to invest R4 million offshore, which is a lifetime limit. This allowance is now proposed to become an annual allowance, which will allow R4 million per annum to be invested offshore. The foreign investment will still require a tax clearance certificate from SARS, so the practical process will remain the same. For the majority of South Africans, this represents the effective abolition of the rand limit on offshore investments.
Annual allowance for travel and the like
Currently, an annual allowance of R750 000 (generally used for travel and known colloquially as “the travel allowance”) is available for spending while travelling overseas, for maintenance, donations or study. This will be increased to R1 million. Note, this may not be used for investment in offshore assets!
Controls on emigrant blocked assets
South African emigrants are currently allowed to remit up to R8 million per couple offshore on emigration. The rest of the assets are blocked and can only be released on the payment of a 10% exit levy. The proposal is now to release emigrants’ blocked assets without any exit levy applying.  This means that controls on blocked assets and the exit levy will be abolished. It seems that it will still be required to obtain approval for emigrant status.
The circular states that: “this would support reforms aimed at curbing the excessive appreciation of the domestic currency and would enable the transfer of emigrant assets to residents”
Again, we await confirmation as to the date from which these changes will become effective.  A further circular should follow shortly from the Reserve Bank with this detail.

ACT announce their new State Migration Plan

If you would like to migrate to Canberra in the Australian Capital Territory (ACT) and you have an occupation that is in demand in the ACT, the ACT Government may be interested in nominating your skilled independent migration application under the Skilled-Sponsored (Migrant) Visa (Subclass 176) or Skilled-Sponsored (Residence) visa (Subclass 886).
The Skilled-Sponsored Scheme is designed to help overcome critical skill shortages in the ACT by helping some migrants to settle in the ACT where their skills and abilities are in demand. The Skilled-Sponsored Scheme enables the ACT Government to nominate skilled migrants (Subclass 176) or graduate students (Subclass 886) who have:

  • an occupation on the State Migration Plan (SMP) Skills List;
  • skills and experience that will be of benefit to the ACT economy;
  • sufficient English language ability which will provide reasonable employment opportunities in the current ACT labour market;
  • an occupation with sufficient employment opportunities in an industry relevant to the ACT at time of lodgement;
  • sufficient financial resources to settle in the ACT while seeking employment;
  • a demonstrated commitment to living and working in the ACT for at least 2 years; and
  • met all Department of Immigration and Citizenship (DIAC) visa requirements for General Skilled Migration .

Click here for a copy of the ACT Skilled Sponsored list.

Victoria announces their State Migration Plan

The Victorian State Migration Plan for sponsorship under Subclasses 176, 886, 475 and 487 General Skilled Migration (GSM) visa applications has been signed and applications will open tomorrow, Wednesday 3 November 2010.

Subclasses 176, 475 and 487 State Sponsorship Eligibility List

Please note:

  • Applicants must also meet the Victorian Government’s eligibility criteria to be considered for visa sponsorship; and
  • The number of skilled migrants that the Victorian Government can sponsor against each occupation listed on the State Sponsorship Eligibility Lists is limited by a quota and by an overall cap on the total number of applications that can be sponsored each year.
      -  When the limit has been reached for an occupation, advice will be placed against the relevant occupation(s) on the State Sponsorship Eligibility Lists stating that applications are not currently being accepted for that occupation.
      -  For 2010-2011, Victoria’s cap is 4500 visa grants, which includes primary and secondary applicants.

New SOL for GSM

Legislative Instrument IMMI 10/026 specifies the new Skilled Occupation List (SOL) for the General Skilled Migration (GSM) program.
This instrument specifies occupations, points and assessing authorities for 4 difference classes of persons, listed in 4 schedules:

  • Schedule 1: This list applies to all General Skilled Migration (GSM) visa applications that were not finally determined (that is, are in the pipeline) as at 1 July 2010. As this is the pre-1 July 2010 SOL, the occupations listed refer to ASCO codes.
  • Schedule 2: This list is for people who are subject to the transitional arrangements. As applications made after 1 July 2010 must be in terms of ANZSCO, this list has the ANZSCO occupations and their correlated ASCO occupations, the relevant skills assessing authority, and the occupation points.
    - The transition arrangements apply to applications to applications made on or before 31 December 2012 for a Subclass 885 (Skilled-Independent), 886 (Skilled – Sponsored), or Subclass 487 (Skilled – Regional Sponsored) visa by an applicant who held a Subclass 485 visa on 8 February 2010 or had applied for a Subclass 485 visa that was not finally determined on 8 February 2010. People to whom this transition arrangement applies may nominate an occupation on the pre 1 July 2010 SOL or the new SOL that commences from 1 July 2010.
  • Schedule 3: The list applies to General Skilled Migration (GSM) applications lodged from 1 July 2010, except for those for whom the transitional arrangements (see Schedule 2 above) apply. Note that people who are eligible to use the transitional arrangements can, if they wish, choose to apply using the new SOL.
  • Schedule 4: This is the list for applications for Subclasses 176, 475, 487 and 886 which are nominated by a State or Territory Government. PLEASE NOTE THAT THE STATES ARE NOT ACCEPTING SPONSORSHIP APPLICATIONS AT THIS TIME, EVEN THOUGH SCHEDULE 4 WOULD ALLOW FOR THIS. STATES HAVE YET TO RELEASE THEIR STATE MIGRATION PLANS

 


News and Views

ANNOUNCEMENT OF THE NEW SOL - 17 MAY 2010

The highly anticipated new Skilled Occupations List (SOL) was released this morning, and is due for implentation on 1 July 2010.

The list is considerably shorter than previous lists and is based on the ANZSCO (Australian and New Zeland Standard Classification of Occupations). There are 181 occupations on the new SOL as opposed to the 408 occupations on the old SOL.

Some of the occupations that do not appear on the new SOL include Chefs, Cooks, Hairdressers and Pharmacists. The new SOL has a strong focus on the building trades as well as providing opportunities for Accountants, Engineers, Medical Professionals and Architects.

The new SOL can be found by clicking here.

If your occupation is not on the new SOL don't despair, you may still qualify for a State Sponsored visa once the State Migration Plans are implemented during the second half of 2010. For more detailed information on how the new list may or may not affect you, please call our offices on (011) 783 9440.

If your occupation is on the new SOL then the time to act is now. The list will be reviewed on a regular basis and will be adjusted to the needs of the Australian economy. Please complete our Skilled Application Assessment form and we will contact you as soon as possible, or give Garry or Tracey a call on 011 783 9440.

CHANGES TO THE BUSINESS SKILLS PROGRAM

With effect from 19 April 2010 the Minister for Immigration and Citizenship announced the following changes to the business skills program.

The definition of main business was amended, increasing the minimum business ownership percentage required by 160, 163, 845, 846, 890, 892 visa applicants. A transitional provision in the amending regulations provides that the higher percentage does not apply to certain onshore visa applicants who had purchased a business in Australia prior to 19 April 2010 and are applying for an 845, 846, 890 or 892 visa.

The new minimum business ownership percentages are as follows:-

  • if the business is operated by a publicly listed company - at least 10% of the total value of the business; or
  • if the business is not operated by a publicly listed company, and the annual turnover of the business is at least A$400,000 - at least 30% of the total value of the business;or
  • if the business is not operated by a publicly llisted company, and the turnover of the business is less than AA$400,000 - at least a 51% of the total value of the business

Changes to the subclass 160 Business (Provisional) visa

Prior to 19 April 2010 the net value of the applicant and his/her spouse's personal and business assets was A$500,000. This has been amended to an amount of A$800,000

Changes to the subclass 163 (State / Territory Sponsored Business Owner) (Provisional) visa

Prior to 19 April 2010 the net value of the applicant and his/her spouse's personal and business assets was A$250,000. This amount has been amended to A$500,000 that is available for the conduct or establishment of a business in Australia.

Previously it was also possible to obtain a subclass 163 visa if you held a Senior Management position in a company. The provision has now been scrapped.

Changes to the subclass 161 (Senior Executive) (Provisional) visa

Previously the business and personal assets of the applicant, or applicant and his/her spouse, must have had a value of at least A$500,00. This has now been changed to A$800,000

Changes to the subclass 164 (State/Territory Sponsored Senior Executive) (Provisional) visa

Previously the business and personal assets of the applicant, or applicant and his/her spouse, must have had a value of at least A$250,00. This has now been changed to A$500,000

We are expecting further changes to possibly be implement in July 2010, but we will keep you updated in this regard.

 

Old News

MAJOR CHANGES TO THE GENERAL SKILLED MIGRATION PROGRAM

As you know from a previous newsletter Garry has been back in Australia since early November last year gaining an insight into what it is like living in Australia since the GFC and visiting all the State capitals speaking with relevant State Gov Departments responsible for sponsored migration applications including skilled and business. In addition he visited the head office of the Deptartment of immigration late last week.  He has certainly been keeping his finger on the pulse of migration and has done a lot of ground work to help our clients in their future endeavours to migrate to Australia.

As of the 8th Feb there will be significant changes to Australia’s skilled migration program with later changes to take place midyear.

These changes are summarised below with links to the relevant sections of the Department of Immigration’s web site giving more details on each of the changes.

As you will see the major change with immediate effect is the abolition of the Migration Occupation in Demand List ( MODL ) and the points given to those applicants with occupations on this list. You will further note that this  has no  impact on those applications submitted to the Deptartment on or before the 8th Feb but clearly has a major impact on those applications not yet submitted and which rely on the MODL points to meet the current pass mark.

Since this change is immediate then Tracey and I will , for the moment, focus our  attention on those of our clients affected by this change contacting each client in turn, after which, when things become clearer with respect to the other projected changes, we will be speaking with all of you.

Whilst some of the changes announced by the Department of Immigration are clearly ‘unfair ‘ to those offshore skilled migration applicants who made applications based on regulations in place at the time the Dept has always had the power to alter regulations at any time to suit economic/political needs even though it has a major impact on  the life’s of those personally affected by the changes. All we can do as migration consultants is to look at other options for those so affected.

An overview
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-gsmchanges.pdf

Abolition of the Migration Occupations in Demand List
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-modl.pdf

Onshore overseas students
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-onshore-student.pdf

Pre-1 September 2007 offshore applications
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-offshore-preseptember.pdf

Changes to the Skilled Occupation List
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-sol.pdf

Revocation of the Critical Skills List
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/csl-gsm.pdf

Change to priority processing
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/priority-processing.pdf

Points test review
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-points-test.pdf

Changes to skills assessment rules regarding trades
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/changes-skills-assessment.pdf

 

As our existing clients will know, migration requirements and processing times are changing on an almost weekly basis at the moment. This is a result of the global economic crisis and the Department of Immigration and Citizenship's reaction thereto.

We endeavour to keep everyone updated on current changes, and also other news that may be of interest to migrants.

22 July 2009

Good news on the economic front with some positive news comming out:
Inflation sinks to a 10-year low
Skilled vacancies offer hint of recovery
Economic policies working : RBA official

13 July 2009

According to an article by Ross Gittins reported in the Sydney Morning Herald "This recession isn't looking as bad as we feared". Click here to read the full article.

23 June 2009

Today we received the Department of Immigration and Citizenship's outline of how general skilled migration applications will be processed during the course of the 2009/2010 financial year beginning on 1 July 2009.

The current processing procedures in place look to be continued for at least the next year i.e. priority processing will first be given to Employer Sponsored visa applications, followed by applications with a State / Territory sponsored visa application, and then applications where the applicant's occupation is on the Critical Skills List (CSL). All other applications will be allocated case officers as and when the resources become available.

Click here for full details and of course please don't hesitate to contact us if you have any questions or need any further info.

Fees

As of 1 July 2009 the government processing fees charged by the Department will be increased. In most cases the fee increase is only in the region of A$50, but the fee for general skilled migration applications will increase significantly from A$2,105 to A$2,525 - a rand equivalent of approximately R2,700.

 
   
   
   

Australian Migration Agents