Thread for Agents ONLY re the new GSM changes

[Gollywobbler]

Hi All

I have been asked to start a new thread which is for Registered Migration Agents ONLY to contribute to, so that they can explain the new changes as and when more details are known.

Please do NOT deluge this thread with questions or requests for advice. The plan is that the thread will be reserved so that RMAs can tell us their own understanding of the new situation.

The thread might be slow to get going because:

1. It will take the RMAs some time to get their own heads round everything; and

2. The RMAs all have fee-paying clients, whose needs must come first, so time will be limited for the RMAs in the next few days.

Many thanks to the ordinary members for your patience and forbearance.

Cheers

Gill

[Alan Collett]

Thanks Gill.

My initial view is that today's announcement effectively places a moratorium on the lodgment of skilled visa applications: applications lodged after today will require an occupation that is on an as-yet unannounced SOL ("expected" to be announced by 30/04/2010 - an early Double Dissolution election could put that back into the second half of the year), or an occupation that is on a "State Migration Plan" that has been approved by the Minister. At present there are no Minister approved SMPs.


Best regards.

[Jamie Smith]

• The higher volume Skilled Independent has essentially been temporarily closed.

• The tail of the older applications is being cut by capping.

The excuse is "these were lodged at a time when lower English language requirements were in place". I guess any case from that date that aren't processed yet will be problematic ones or cases from higher risk countries. These people are going to be denied a visa merely because of where they live or work. The unspoken allegation is "obviously their English is not good enough or they're likely to be frauds".

The new SOL system will still suffer from a slow process in getting occupations listed.
Some occupations will never get listed as they are totally reliant on lobbying from a special interest employer group that doesn't yet exist.

• The focus is now even more on gaining a job offer and occupations being on State lists.

Here I see DIAC are being nervous hence no State plans yet approved. WA for example have a "sponsor anybody and everybody approach" which is lacking focus and is unfair to other states - who if they all followed WA's lead would undermine DIAC's programme.

So I think the Minister will go slowly but carefully with approving State plans and NSW/VIC/Qld would be the first to get approved. Expect some weeks delay for this category.

The Points test changes will probably lean more towards demography eg those with kids will get more points, and of course some occpations will rank higher with more points, the points will in effect act as a CSL and MODL and SOL.

Job Ready Test, what can I say, how else would anyone weed out graduates with rubbish qualifications from rubbish colleges other than to ask graduates to who what they have learned?

• For now, anyone who considered applying for a Skilled Independent visa best look at gaining a job offer, at least until the State plans are made public

[Migration Help]

Originally Posted by Gollywobbler

Hi All

The thread might be slow to get going because:

1. It will take the RMAs some time to get their own heads round everything; and

2. The RMAs all have fee-paying clients, whose needs must come first, so time will be limited for the RMAs in the next few days.

Thanks Gill.

We also have to wait until the new regulations are published before we can even begin to comment with any authority. Hopefully they will be up shortly.

[Gollywobbler]

Originally Posted by Migration Help

Thanks Gill.

We also have to wait until the new regulations are published before we can even begin to comment with any authority. Hopefully they will be up shortly.

Hi Sheelagh and all other RMAs

I hesitate to interfere with this thread but my fellow Mod, Nigelinoz, has found and has very kindly published the Minister's press release, which is here:

Migration reforms to deliver Australia's skills needs

Does it help you to work out what the new Regulations are likely to say?

Sheelagh - I had forgotten about new Regs in my first post. I am sorry for that.

Cheers

Gill

[Glenn Wellburn]

Hi all

These changes are based on a move by the current Australian government to focus on the pool of potential applicants already in Australia (i.e. 457 holders) and those who upon arrival will immediately commence employment in the nominated profession.

It has been said before but potential applicants or those that have already applied will need to focus on obtaining formal offers of employment and/or sponsorship by a state government. I feel Jamie (above) is correct in saying that the state plans will take some time to be approved. I would expect English ability and offers of employment to be high on the criteria for state sponsorship approval.

In my opinion the future is ENS (priority number 1). My only hope is that the government will review the requirements of the sponsoring employer with the view of making it easier for them to access overseas skilled migrants. Doing so will give those who need it better prospects in obtaining a suitable sponsor.

As Sheelagh above has stated it is difficult to give definitive advice without all the facts (new regulations) however I would like to encourage those applicants in 'limbo' to take positive actions. If you are new to this site or have yet to lodge your intended application please seek professional advice as action or in some cases inaction may cause issues with your application.

[George Lombard]

Excellent initiative Gill. Unfortunately there's not much to add as of yet - expecting an MIA announcement later today which will hopefully clarify some of the greyer areas, but the enabling legislation (which will answer 90% of questions) hasn't been published yet and of course none of the states have had a chance to think what all this means.

It's clear however that all those whose applications were lodged before 1 September 2007, whether at the Tribunal or whatever stage of processing they may have reached, have been scrubbed. Apparently that removes 20,000 applicants from the backlog. But nothing will prevent those people from applying again, when the new SOL has been announced, if they're still eligible.

Cheers,

George Lombard

[wrussell]

Originally Posted by Migration Help

Thanks Gill.

We also have to wait until the new regulations are published before we can even begin to comment with any authority. Hopefully they will be up shortly.

I adore his work.

Q 3 I applied for an offshore GSM visa prior to
1 September 2007. What will happen to my
application?
If your GSM application is not decided before the cap is
reached, you will be subject to the capping and ceasing
arrangements and your visa application charge (VAC)
will be returned. You will no longer have an application
waiting to be processed.
Q 4 I lodged my offshore GSM visa application before
1 September 2007 and have provided all documents
requested by the department including medicals and
police checks. Will the change affect me?
Yes, if your GSM application is not decided before
the cap is reached, you will be subject to the capping
and ceasing arrangements and your VAC will be
returned. You will no longer have an application under
consideration.
Q 5 My application for an offshore GSM visa that I
made before 1 September 2007, is currently at the
Migration Review Tribunal. Will the capping and
ceasing arrangements affect me?
Yes. If you lodged an offshore GSM application prior to
September 2007, and your application is currently at
the Migration Review Tribunal you will be subject to the
capping arrangements if your GSM application is not
decided before the cap is reached. If your application is
capped, your VAC will be returned and you will no longer
have an application awaiting review.
Q 6 Will the Australian Government refund the total
cost associated with my offshore GSM application,
such as the VAC, obtaining a skills assessment,
medical examinations and police checks if I lodged the
application before 1 September 2007?
The Australian Government will refund the VAC if your
application is capped and ceased. Associated fees
incurred for medical examinations, English language
tests and police checks cannot be refunded as these
payments were not made to the Australian Government.

The corollary is:

Any GSM application can be Capped and Terminated.

I can hardly wait for the next exciting instalment.

[George Lombard]

Legislation now becoming available. Following instrument preserves the MODL but only for certain onshore graduate applicants. I'm sure there will be more to come

http://www.comlaw.gov.au/ComLaw/Legi...NT=999&START=1

Worth noting the Explanatory Statement which is as follows:

1.This Instrument is made under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’), and specifies the definition of ‘migration occupation in demand’.

2.Regulation 1.03 of the Regulations provides that ‘migration occupation in demand’in relation to one or more Classes or Subclasses of visa, means a skilled occupation that is specified by the Minister in an instrument in writing.

3. The purpose of the Instrument is to negate the influence of migration occupations in demandon General Skilled Migration (GSM)visas. It is expected that the new instrument will help curb the skew of GSM applications towards occupations on the migration occupation in demand list (MODL).

4. The Instrument will instruct that the only applicants who will still have access to MODL occupations will be Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas applicants, who:

(i) held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or
(ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument.

There will no longer be any skilled occupations on the MODL for all other GSM applications. This will mean that most GSM applicants will not be able to obtain extra points under the GSM points test because of the MODL. This change will impact all new GSM applications from the effective date of the instrument except those specified above. It will also impact on potential applicants who intended to apply for a GSM visa based on their occupation which was (before the changes) listed on MODL.




Cheers

George Lombard

[Alan Collett]

This is a thread for agents only ...

Best regards.