The approval for an Australian visa comes with double excitement for Valerie Morrissey, because with her Prospective Marriage Visa now freshly affixed to her passport, she will soon be heading off to Australia to join her partner and later wed.

“The visa itself and the passport came through on Wednesday so everything is ready to go and I actually fly out on the 29th of July,” Valerie said.

While exciting, the move is also understandably very emotional.  Valerie is leaving her three grown-up children and their partners and also her granddaughter in the UK.

Valerie will be flying into Perth, Western Australia, where she will join her partner Grant Bingley. They will marry in Perth on 6 November.

 “I’m looking forward to moving into my new house and settling in with Grant and starting a new life with him," she said.  

The decision to move to Australia made sense for the couple because of Grant’s work, but Valerie also has a fondness for Perth and Australia.

“I’ve been on several visits there. I love it, I absolutely love it."

"It takes a little getting used to but it’s good. The heat is lovely ...  better than the weather in Perth, Scotland, where I have lived for the past 16 years put it that way,” she laughed.

“Grant is self employed, and the work that grant does is not done as much in Scotland. It was easier for me to move to Perth than for him to give us his business and move to Scotland and basically start all over again when he already had contacts there. It was easier this way,” she said. 

The final piece of paperwork for Valerie’s Prospective Marriage Visa was lodged on 2 March, and while Bronwyn Taylor and her case worker Andrea Jefferys always kept her informed of developments there was an anxious wait without information while the Australian Government processed the application.

“The visa process was good, but quite lengthy without any information. When I contacted Bronwyn or Andrea they answered my questions very quickly but you don’t get an awful lot of information when the application is lodged at the Australian Consulate. But other than that, I’m happy about it.

“There was some very anxious waiting ... I don’t do waiting very well,” Valerie laughed.

- Stephanie Bradley is Content and Communications Editor for the Australian Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

The Australian Computer Society (ACS) have recently provided comment on the re-classification of occupations following the recent switch from the Australian Skilled Classification of Occupations (ASCO) to the Australia and New Zealand Skilled Classification of Occupations (ANZSCO). You can click here to read it for yourself. 

While applicants who have received a positive skills assessment from ACS are able to stay in the occupation that they have been matched to, ACS have made provisions for applicants who wish to be assessed in an occupation that their current one does not correlate to. These applicants are able to apply for a new skills assessment to be recognised under a new occupation by the Department of Immigration and Citizenship (DIAC).

The ANZSCO occupations that have been matched to the ASCO occupations are as follows, including whether they will appear on the Skilled Occupation List (SOL - Schedule 3) AND/OR the State and Territory Skilled Occupation List (StatSOL - Schedule 4):

ASCO	ANZSCO	On SOL? (Schedule 3)	On StatSOL? (Schedule 4)
Computing Professional (nec)	Software and Applications Programmers (nec)	No	Yes
IT Manager	Chief Information Officer	No	Yes
Applications and Analyst Programmer	Analyst Programmer OR Developer Programmer	Yes Yes	Yes Yes
Computer Systems Auditor	ICT Security Specialist	No	Yes
Software Designer	Software Engineer	Yes	Yes
Systems Designer	Computer Network and Systems Engineer OR ICT Business Analyst OR Network Analyst OR Systems Analyst	No Yes No Yes	Yes Yes Yes Yes
Systems Manager	Database Administrator OR Systems Administrator	No No	Yes Yes
Systems Programmer	None	-	-

As you will see, some ASCO occupations can be matched to multiple ANZSCO occupations, some of which are on the Skilled Occupation List (SOL) and some of which are not. Additionally, all ANZSCO occupations also feature on the StatSOL. The only exception is the Systems Programmer ASCO occupation as this has yet to be matched against an ANZSCO occupation. Whether this was a deliberate omission by DIAC remains to be clarified.

If you have an ASCO occupation that has multiple ANZSCO occupation matches, we are presuming you can choose from any of these ANZSCO occupations in order to proceed with your visa application. HOWEVER, we recommend that you proceed under the occupation that is most fitting to your circumstances and history. If you are applying for a Skilled Independent (subclass 175) visa or a Skilled Family Sponsored  (subclass 176 / 475) visa, please be aware that your recent work experience needs to be in an occupation that features on the SOL. Additionally, if you are requiring state sponsorship then there may be some further criteria which could prevent you from proceeding under certain ANZSCO occupations.

For example: Should you have received a positive skills assessment in the ASCO occupation of Systems Designer and you qualify for a Skilled Family Sponsored (subclass 176) visa, you could potentially lodge your visa application with ICT Business Analyst as your nominated ANZSCO occupation. However, if you are unable to demonstrate that your references are most in line with ICT Business Analyst tasks (as opposed to the tasks associated with another potential ANZSCO occupation match that isn't on the SOL, such as Computer Network and Systems Engineer) then you will not meet the criteria. 

Getting an occupation classified by the ACS

Should you wish to be reclassified under a new occupation by the ACS, then you will need to have your application reassessed, though we are currently unsure of how long it will take for applicants to be reassessed.

This service is free to all applicants who received a positive skills assessment between 1 May, 2010 and 30 June, 2010, although most applicants will need to gather further references etc. Applicants who received a positive skills assessment prior to 1 May, 2010 that wish to receive a  skills assessment under a different occupation classification will have to submit an entirely new skills assessment. 

While it's very likely that a number of States and Territories will feature IT occupations on their State Migration Plan sponsorship lists, as ANZSCO is an entirely new classification system, we have no way of knowing which specific occupations will become most 'desirable'. Therefore, I would advise against taking any action at this time.

 UPDATE: The Department of Immigration website mapping table (schedule 3) now reflects a match for Systems Programmer to Developer Programmer under ANZSCO. The new SOL is dated August 2010.

- Lauren Mennie is Casework Department Manager for the Australian Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

While Australian Visa news of late has not been overwhelmingly positive, it is encouraging to hear that Australia will soon be welcoming the Gisanrin family from Northhampton.  

Olu Gisanrin was approved for a skilled Australian Visa only a few weeks ago, and he and his wife are planning to move to Sydney, or the nearby south coast, with their three children.

“We had been to Australia 10 years ago and liked it then but thought only briefly about moving there – we didn’t feel the time was right.  It was early last year that we started reconsidering the option,” Olu said.

“We hope to move to Sydney, but that is not completely settled. The last time we visited Australia we spent most of our time in Western Australia, but as we are moving permanently we did want to explore other areas as options. Sydney or the coast just south of Sydney could work well for us,” he said. 

They hope to emigrate to Australia at the end of the year so their two older children, aged 9 and 7, can commence at the start of the Australian school year, although it’s possible Olu may travel to Australia earlier to pursue job opportunities and prepare for the family’s arrival.

Olu said they were looking forward to moving to Australia, and he said the lifestyle should be perfect for the two older children with school, sports and the outdoors. Their youngest is just a baby.

The Australian Visa application process for the Grisanrin family was smoother than they expected.

“The visa process was a lot easier than I thought. We only started seriously considering emigrating in August last year, and at the time I read a number of old forums about the process and some people were waiting two or three years for a visa,” he said.

“Martin Beveridge handled the first part of the process, and he was very informative and professional.
 
“I did skills assessment last year and lodged the completed Australian Visa application at the end of January this year. Our visa application was approved a couple of weeks ago.”

Visa Bureau caseworker Joe Tindle assisted throughout the visa application and Olu said he was always prompt and kept the family informed of developments.

“Joe was perfect, certainly no complaints there. We were always up-to-date with the process and he always answered emails or phone messages, and if he wasn’t in the office and on holidays someone else got back to us,” Olu said.

- Stephanie Bradley is Content and Communications Editor for the Australian Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

We have been waiting for 1 July, 2010 to bring us changes to the General Skilled Migration (GSM) Australian visa process for some time. The Department of Immigration and Citizenship (DIAC) have previously implied that the changes we have been waiting for, primarily concerning the new form of state sponsorship called State Migration Plans, would be revealed today.

As reported earlier, the State Migration Plans have yet to be released. Despite this, some changes have taken place today that I think are worth bringing to the attention of the many visa applicants in need of information. While I'll almost certainly write in more detail on this soon, for now, I’d just like to summarise some of the major changes that have taken place:

State Migration Plans delayed

As previously stated, details of the State Migration Plans are not yet available, and have been delayed until at least August. Current details of the expected release dates for each State and Territory can be found on our State Migration Plans page. 

Suspension on skilled visa applications lifted

The suspension that has precluded applicants from applying for a skilled visa has been lifted. However, even though it is now possible to lodge an application for an offshore skilled visa once more, I wouldn't recommend doing so at this time, for reasons that I'll explain further down.

Change of occupation classification from ASCO to ANZSCO

From today, all occupations are classified under a new coding scheme called 'ANZSCO'. DIAC have already released information about the transition from ASCO to ANZSCO.

The majority of applicants will not need to obtain a new skills assessment (if one is already held), and the effect on their application will be minimal. However, I would advise researching what your new occupation code is and whether this will affect your application in any way.

Introduction of a new Skilled Occupation List (SOL)

As previously advised, DIAC have today implemented a new Skilled Occupation List which has been previously published. All applicants need to have an occupation which is on the new SOL, unless they are sponsored by a state under a State Migration Plan.

Change in requirements at lodgement for State Sponsored visa applicants

All state sponsored clients will now be required to demonstrate their sponsorship at the time of lodgement. In other words, if state sponsorship is required then it is no longer possible to apply for a visa without first attaining that sponsorship.

As a result of the current priority processing directive, it is favourable for applicants to lodge as a subclass 176 state sponsored visa, even if they qualify for other visa subclasses, as the timeframe for obtaining a visa will be shortened considerably. It is for this reason that we advise most applicants to hold off on applying for a visa until after they have seen whether they qualify for a State Migration Plan.

Increase in fees for visa applications

The cost of an application for a skilled visa has today increased to AU$2,575. 

If you are interested in reading further information about these changes, I'll be posting a series of blogs on the key points over the next few days.

- Lauren Mennie is Casework Department Manager for the Australian Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

When the Australian immigration changes were announced on 8 February, 2010, it was said that 'State Migration Plans are being developed by State/Territory governments and include occupations that are in demand in each individual state and territory. Each state migration plan is approved by the Minister for Immigration and Citizenship.'

No firm indication as to their date of introduction was given, with only the vague assertation that the State Migration Plans would be launched in 'mid-2010'. Many migration agents and visa applicants were hopeful that their introduction would accompany the re-opening of the Australian General Skilled Migration (GSM) program and the implementation of the new Australian SOL (Skilled Occupation List) on 1 July, 2010.

However, it's now 1 July, 2010 and none of the Australian States and Territories have released full details of their State Migration Plans. See below for the latest updates from each State / Territory:

WESTERN AUSTRALIA The release date of Western Australia's State Migration Plan will definitely not fall on 1 July, 2010, as the State Migration Plan still has to be approved by the Minister.

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VICTORIA The release date of Victoria's State Migration Plan will be in place no earlier than August, 2010.

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SOUTH AUSTRALIA The release date of South Australia's State Migration Plan will definitely not fall on 1 July, 2010, as the State Migration Plan still has to be approved by the Minister.

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QUEENSLAND The release date of Queensland's State Migration Plan will definitely not fall on 1 July, 2010, as the State Migration Plan still has to be approved by the Minister.

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NEW SOUTH WALES A Skills in Demand List of occupations that NSW will sponsor from 1 July 2010 for the Skilled Sponsored (176) and Skilled Regional Sponsored (475) visas has been released. NSW have advised that there may be a small number of additional occupations added to these lists later in the year from occupations not on the new Skilled Occupation List if agreement can be reached with the Commonwealth Government on the terms of a NSW State Migration Plan. To view this Skills in Demand List of occupations, please click the link below: New South Wales State Migration Plan

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NORTHERN TERRITORY The release date of the Northern Territory's State Migration Plan has tentatively been set for 1 September, 2010.

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TASMANIA Tasmania's website states that the program will remain suspended until 3 July, 2010, although it's possible that this suspension may be extended as we have also been advised that the program is closed until further notice.

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AUSTRALIAN CAPITAL TERRITORY (ACT) The release date of the ACT's State Migration Plan has tentatively been set for 1 August, 2010.

- Tom Blackett is Online Editor for the Australian Visa Bureau

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

A hot topic of discussion amongst Australian visa applicants and migration agents alike has been the Migration Amendment (Visa Capping) Bill 2010. This controversial bill has flown under the radar of most media outlets, but has the potential to be the most unfair and destructive item of legislation ever introduced to the Australian migration system.

You can see more details for yourself by clicking here, but to give a brief explanation, the bill proposes to provide the government with a tool for the post-lodgement management of the current backlog of migration applications. As a result, DIAC will be allowed to cap and terminate an application at any time, regardless of when an applicant has lodged their application.

To elaborate, DIAC could choose to cap the number of visas issued in a given year to applicants with 'specified characteristics'. To explain this term, I'll refer you to the following passage from the bill's proposal:

"Characteristics that may be specified include the occupation nominated by the applicant, or the time at which the applicant made their application. The characteristics will be objective, and relate to information that is provided to the department when an application for a visa is made."

Therefore, DIAC could choose to cap the visas for applicants with the 'specified characteristic' of any given nominated occupation on the Australian SOL (Skilled Occupation List). As a result, all outstanding visa applications with the same characteristics (i.e. the same nominated occupation) would then be terminated. This also makes it very easy for DIAC to close off skilled migration to any occupation of their choosing, as a termination will result in an automatic termination of all further visa applications by migrants who share the same 'specified characteristics', at least until the start of the next financial year.

While any applicants who have had their applications terminated will be refunded the pre-paid visa application charge, this won't cover the costs of skills assessments, medical examinations, language tests and any other associated costs, not to mention the emotional damage of forcing an applicant out of the migration process with no prior warning.

Additionally, unlike a visa refusal, it is not possible to challenge a visa termination before the Migration Review Tribunal or any court. This is because DIAC will have technically not made a decision, and without a decision there is nothing to review or contest.

The most frustrating part of the proposed bill is how it has the potential to punish the people who have followed the rules and jumped through all the hoops that DIAC have set up in the last couple of years, only for the potential to be removed from the process entirely with no prior warning. 

It's always been understood that there are no 'sure things' when it comes to the Australian migration process, but it was at least possible for visa applicants to understand what the eligibility requirements were and have a good idea of their chances of success. However, should the Visa Capping Bill be passed, the opposite will be the case, with it practically impossible for any applicant to know whether they'll be able to have their visa application finalised or if they'll simply be cast aside by the Australian government.

- Tom Blackett for the Australian Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

For South Australia's manager of General Skilled Migration (GSM), Ann Johnson, to open a seminar by requesting that everyone  "leave your guns at the door" is a fairly strong indication of the current mindset held by the many frustrated migration agents in attendance. It's also a reminder that it's not the Australian States and Territories who are responsible for the many changes made by the Australian Department of Immigration and Citizenship (DIAC).

The seminar on 3 June, 2010 was the first we've attended since the suspension of the General Skilled Migration (GSM) program, so we were hoping that Ann Johnson might be able to provide some further information regarding the Australian immigration; specifically the State Migration Plans. As a reminder, the GSM program has been closed for the time being, with a scheduled reopening date of 1 July, 2010. Upon its reopening, Australian skilled visa applicants will be subject to a number of changes to visa legislation, including a much tighter Australian Skilled Occupation List (SOL).

As only applicants with a nominated occupation on the SOL will be able to proceed with an independent visa application, we've been trying to find more information on how the State Migration Plans will work, as these will be the new mechanisms to allow visa applicants to be sponsored by an Australian State or Territory under the GSM program and will be crucial to a large proportion of applicants in the future.

While the State Migration Plans are still only expected to be detailed and introduced on 1 July, 2010 at the earliest, we hoped that we might be privy to some more details as to how they will be structured and just how many additional occupations we can expect to feature on these replacements for the old sponsorship lists.

Unfortunately, there's little 'insider information' that I can report on, but it was still useful to have certain items confirmed or clarified. The main points that we received were:

• The State Migration Plan's list of occupations can include additional occupations to what appears on the SOL;
• As the list of occupations that will feature on the State Migration Plan needs to be approved by the Minister, the Cabinet and then DIAC, it's unlikely that it will be ready "until at least July";
• Each occupation will have an attached 'planning level', but this number will not be disclosed and no indication will be given as to when the planning level is close to being reached for each occupation.
• Ann Johnson said that the process for changing the State Migration Plan list of occupations is that while they will revise it every month, they will only change it every quarter, for the benefit of applicants.
• Applicants who had previously been approved under South Australia's former state sponsorship method may need to reapply before they are approved under the new State Migration Plan (assuming their occupation is transferrable from the previous sponsorship list to an occupation on the new one);
• No more than 100 'off-list' applicants can apply for sponsorship where they do NOT have an occupation on the State Migration Plan's list of occupations, with this being a reduction from 500 'off-list' applicants from the previous financial year (though Ann Johnson did say that South Australia "didn't get anywhere near to 100" in this last year). 

- Lauren Mennie is Casework Department Manager of the Australian Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

The UK Government has announced that compulsory English language tests will be introduced from autumn 2010 for non-EU migrants applying for a UK Visa to come to the UK to join or marry their settled partner.

The changes mean partners will need to demonstrate they have a basic command of English before leaving their homeland, around the level of a five- to seven-year-old, which will allow them to cope with everyday life in the UK. The new test will assess a person's ability to introduce themselves, ask simple directions, and understand what is said by someone speaking slowly.

While a seemingly uncontroversial UK immigration requirement for new migrants, it also seems an unnecessary law given that the UK already requires migrants to speak English. Partners who have completed the initial two-year period of temporary residence still need to pass the “Knowledge of Language and Life in the UK” test before obtaining permanent residence.

Additionally, the new law doesn’t apply to EU citizens – otherwise the most likely group of people affected. The Home Office has acknowledged the people most likely to be adversely affected are those coming from India, Pakistan, and Bangladesh where English is not spoken in rural areas, or by poor or uneducated people.

I am sure there will be certain applicants who will struggle to pass the tests, which could mean long delays before they can join their partners here – if ever in some cases. Even for those who do pass, having to sit the test will mean an extra step and fee to pay, as well as the time and trouble involved.

The Home Office estimates the new law will lead to a drop of around 10 per cent in UK Visa applications, and unfortunately, this may be at the expense of genuine relationships.

What do the changes mean?

 

From autumn 2010, non-EU migrants wishing to join their partners in the UK as a partner will need to demonstrate basic English at A1 level, the same level required for skilled workers admitted under Tier 2 of the points-based system.

A partner will need to provide evidence with their UK Family Visa application that they have passed an English language test with one of UK Border Agency’s approved test providers.

The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or prospective civil partner of a UK citizen or a person settled in this country. The tests will be compulsory for people applying from within the UK as well as UK visa applicants from overseas.

Migrants applying for partner visas must also meet other requirements, including  being able to show a relationship is genuine,  and the ability to support themselves financially.

Partners who wish to apply to settle permanently in the UK after completing the initial two-year temporary residence will still need to pass  the “Knowledge of Language and Life in the UK” test .

- Marissa Murdock is Casework Department Manager for the UK Visa Bureau

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.