The Department of Immigration and Citizenship (DIAC) has released preliminary information of the new points test which is currently scheduled to be implemented on 1 July, 2011.

The points test is a critical part of the Australian General Skilled Migration (GSM) process, as in order to lodge an Australian visa application, applicants must be able to demonstrate that they both meet the basic requirements and are able to pass the points test at the time of lodging their visa.

Please note: If you have already lodged your Australian visa application, the introduction of a new points test will not affect your application whatsoever.

What does this mean for Australian visa applicants?

You can see the introduction of the new points test PDF on the DIAC site by clicking here. Our initial impression is that while many professionals stand a good chance of meeting the new points test criteria, it will be less favourable for certain tradespeople (e.g. individuals who haven't completed a formal apprenticeship).

It's important to understand that there is still some degree of uncertainty attached to this announcement, as DIAC have yet to commit to certain aspects of the points test. For example, they say that "it is expected that the pass mark will be set at 65 points" but have not committed to this as the pass mark.

Addtionally, they say that applicants with a Bachelor's degree will be awarded a specific number of points, but it isn't yet clear whether individuals with equivalent professional membership qualifications will also be awarded these points (as they are currently deemed comparable to a Bachelor's according to the country education profiles) or if it will be very strict that only applicants with a Bachelor's degree will be eligible to receive these points.

Therefore, without having these and other aspects of the new points test clarified, we are unable to definitively say what the exact rules will be and who will qualify upon its implementation on 1 July, 2011.

What other options are available to visa applicants?

As we still need to confirm who will still be able to lodge after 1 July, 2010, we are taking the precautionary measure of advising that all applicants ensure they are aware of any current state sponsored, family sponsored or independent migration options that they are eligible for.

In terms of available state sponsored options, these are dependent on the State Migration Plans (or SMPs). These been developed by State/Territory governments to essentially determine which applicants will be eligible for state sponsorship on the basis of their occupation. However, the only states and territories to have released their State Migration Plans (SMPs) are Victoria and the Australian Capital Territory (ACT).

There is no set timeframe for the other states and territories to release their plans, but DIAC have expressed that they should be finalised by the end of the year. This was reinforced by the Minister of Immigration, who confirmed in a speech yesterday that he has signed the SMPs for Western Australia and the Northern Territory, so hopefully these will be released shortly.

What should visa applicants do now?

Without knowing a visa applicant's specific details, it's very difficult to provide any guidance as what the best steps to take will be. For the timebeing though, we are advising that visa applicants continue to work on their application as normal, taking into consideration that all applications lodged before 1 July, 2011 will be accepted under the current points test.

To help applicants get a better understanding of the potential impact of the new points test though, I'll look at it in greater depth in an upcoming blog and provide some examples of how it could affect applicants in specific occupations and situations.

- 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.

Today, the Australian Capital Territory (ACT) became the second Australian state to reveal their approved State Migration Plan. The ACT website has been updated with their Skilled Migration page confirming the SMP has been signed, along with a new list of occupations the ACT government is offering to sponsor.

What are State Migration Plans?

State Migration Plans (or SMPs) are set to play a critical part in the future of the Australian General Skilled Migration (GSM) program, as they have been developed by State/Territory governments to essentially determine which applicants will be eligible for state sponsored visas on the basis of their occupation.

What will the benefits be to being sponsored under a State Migration Plan?

One of the main benefits of being sponsored under a State Migration Plan is how it will affect Australian visa processing timeframes. Applicants who appear on the ACT's new list of occupations will be moved to Priority Group 2, according to the current processing directive. This means that these applicants should see their applications finalised within 12 months.

When can applications for sponsorship under the ACT's State Migration Plan be made?

Applications for sponsorship with the ACT will be accepted immediately.

- 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.

The UK Border Agency (UKBA) has published refined criteria applicable to Tier 2 (General) sponsors' requests for additional certificates of sponsorship. 

Until now there has been very little clarification of the criteria against which the UKBA considers sponsorship requests. The guidance has now been refined to give sponsors greater certainty and the UKBA claim the newly-refined criteria will also help to meet the ongoing recruitment needs of sponsors while maintaining the overall interim UK Visa cap introduced in July 2010.

What do the refined criteria mean? 

New  Employer Sponsorship Licence applicants must now submit a completed Certificate of Sponsorship (CoS) Request form together with their initial licence application. The UKBA have recently published a new form to replace the previous version.

Due to the introduction of the refined criteria - and the additional information the UKBA now needs to obtain for shortage occupation sponsorship requests already submitted - the November panel will be delayed until 12 November. Where further information is needed, sponsors will receive a letter detailing the information that they should supply.

The UKBA panel of managers will continue to meet on a monthly basis, normally on the first working day of the month. All requests received by the 25th of the month onwards will not be considered at the panel but will be rolled over to the following month. For example, if the request is received by the UKBA on or before 24th November, it will be considered in the December panel meeting; all requests received on or after the 25th of November will be considered by the panel in January.

Each month, the total number of CoS available will be split between extension applications and applications for new hires. The UKBA will grant all requests for applications for extensions where an extension application meets the relevant criteria (see below). After all extension applications have been granted, the remaining CoS will be split into two categories: one category for applications for new hires into shortage occupations and another category for applications for new hires into non-shortage occupations.

Please note that with regard to shortage occupations the UKBA will assess requests based on whether the job is in a shortage occupation on the day of the panel meeting.

In what order will sponsorship requests be considered? 

While the Interim Limit is in place until 31 March 2011, sponsorship requests will each be considered on a monthly basis and ranked against the following criteria, starting with the highest ranking:

1.  Requests for applications for extensions - where the extension is required for an existing migrant worker who is (a) currently employed by the sponsor requesting extension, (b) who currently has valid leave as a Work Permit holder or under Tier 2 (General) and (c) where the migrant worker’s leave is due to expire within the next 60 days – all requests in this category will be approved;
   
2. Requests for applications for new hires in shortage occupations – the occupation must be listed on the shortage occupation list on the day of the panel meeting and these requests will then be considered in the following order of priority:
   a. Salary is at or above £40,000;
   b. Salary is between £36,000 and £39,999.99;
   c. Salary is between £32,000 and £35,999.99;
   d. Salary is between £28,000 and £31,999.99;
   e. Salary is between £24,000 and £27,999.99;
   f. Salary is between £20,000 and £23,999.99;
   g. Salary is under £20,000 (shortage occupations only, non-shortage occupations with a salary under £20,000 do not score enough points to qualify under Tier 2 General).
   
3. Requests for applications for new hires in non-shortage occupations – a suitable Resident Labour Market Test must have been completed before submitting the COS request and these requests will then be considered in order of priority of salary, as outlined in the point above.

When will sponsors be notified about the result of their request?

The UKBA have again iterated that only a limited number of CoS’ are available and they cannot guarantee that any application will be successful. Sponsors will be notified of the result of their request within five working days of the panel meeting. Where the request for a CoS has been successful the licence-holder’s Sponsor Management System Account will be updated.

There is a procedure in place for urgent CoS requests where there is a compelling reason to request urgent treatment, such as where a newly licensed sponsor needs a CoS for a migrant worker whose leave is due to expire before the next panel meeting. Previously refused requests are not considered to be grounds for exceptional consideration. Where an urgent decision is required before a panel a decision will be made by the Deputy Director for Sponsorship or a nominated deputy.

It goes without saying that any CoS’ allocated to sponsors following a request must be used for the role for which it was requested. Failure to do so may result in future requests being refused and compliance action being undertaken by the UKBA as appropriate.

- Marek Starke is a member of 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.

Today, Victoria became the first Australian state to reveal their approved State Migration Plan. The Victorian state government website was updated this morning with an announcement regarding the State Migration Plan being signed, along with a new list of occupations the Victorian government is offering to sponsor along with associated eligibility requirements.

What are State Migration Plans?

State Migration Plans (or SMPs) are set to play a critical part in the future of the Australian General Skilled Migration (GSM) program, as they have been developed by State/Territory governments to essentially determine which applicants will be eligible for state sponsored visas on the basis of their occupation.

However, as each SMP has been needed to be approved by the Minister for Immigration and Citizenship before it can be implemented, there has been a considerable wait for them to come into action, and as of 1 November, 2010, Victoria's is the only one to have been announced as approved. 

How many sponsorship places will be available under Victoria's State Migration Plan?

Details of Victoria’s cap of allocated sponsorship places have been made public, with the state allocated a total of 4,500 sponsored visa grants by the Department of Immigration and Citizenship (DIAC). The state government has also indicated that within this cap is a quota limiting the number of sponsorship grants to be given to each occupation on their occupation list. However, there are already certain occupations for which the planning level has been already reached for the 2010/11 program year.

What will the benefits be to being sponsored under a State Migration Plan?

One of the main benefits of being sponsored under a State Migration Plan is how it will affect Australian visa processing timeframes. Applicants who appear on Victoria's new list of occupations will be moved to Priority Group 2, according to the current processing directive. This means that these applicants should see their applications finalised within 12 months.

However, we are currently in contact with the Victorian government to ascertain whether existing sponsorship holders in an occupation for which the state quota has already been reached, are to be included in the migration plan and attain greater priority.

When can applications for sponsorship under Victoria's State Migration Plan be made?

Applications for sponsorship will be accepted from 3 November, which could be taken as an indication that other SMPs may be revealed on or before that date. Further updates will be covered on the Visa Bureau blog.

- 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.