karmen128 Posted October 24, 2013 Share Posted October 24, 2013 My agent said that "there is a small chance the migration regulations may change the work experience requirement whilst your application is processed. This may affect both new and pending visa applications." Is this true? Link to comment Share on other sites More sharing options...
citation560XL Posted October 24, 2013 Share Posted October 24, 2013 My agent said that "there is a small chance the migration regulations may change the work experience requirement whilst your application is processed. This may affect both new and pending visa applications." Is this true? Hi Karmen, What are the "new migration regulations" that your agent is speaking about. Thanks Link to comment Share on other sites More sharing options...
blossom Posted October 24, 2013 Share Posted October 24, 2013 Agreed. What changes? The only changes I can think of right now are to do with skills assessments after 485 visas. Link to comment Share on other sites More sharing options...
silencio Posted October 24, 2013 Share Posted October 24, 2013 There is a change announced on immi.gov.au/legislation/amendments/ ,coming into affect on 28th October 2013 regarding visa working assessments/requirements. Let's see what that means. Hopefully, nothing worse for temporary visa holders 'in the pipeline' Link to comment Share on other sites More sharing options...
james007 Posted October 24, 2013 Share Posted October 24, 2013 There is a change announced on immi.gov.au/legislation/amendments/ ,coming into affect on 28th October 2013 regarding visa working assessments/requirements.Let's see what that means. Hopefully, nothing worse for temporary visa holders 'in the pipeline' I have read the following a few times but struggling to see what they are changing? are they saying that all temp visas when converting to 189 190 must have a skills asssement now? or are they saying something else From 28 October 2013, the Migration Regulations 1994 ('the Regulations') are amended to put beyond doubt that skills assessments cannot be used to permit the grant of a visa class, subclass or stream to which the assessment is not meant to apply. It is intended that a skilled visa shall not be granted as the result of a skills assessment that is restricted to another visa. For these purposes, a 'skilled visa' is a Subclass 186 (Employer Nomination Scheme) visa, a Subclass 187 (Regional Sponsored Migration Scheme) visa, a Subclass 189 (Skilled Independent) visa, a Subclass 190 (Skilled Nominated) visa, a Subclass 485 (Temporary Graduate) visa or a Subclass 489 (Skilled Regional (Provision)) visa. It is a criterion for the grant of a skilled visa that an 'assessing authority' or a 'relevant assessing authority' has assessed the applicant's skills as suitable for the occupation nominated in the application. The assessing authority (both a 'relevant assessing authority' and an 'assessing authority') must be able to assess the suitability of an applicant's skills against different standards as the standards against which an applicant is assessed can vary depending on the visa applied for. The assessment may either be issued in respect of an application for a specific visa subclass or stream (for example, a Subclass 485 visa) or not be restricted by reference to a specific visa subclass or stream (an 'open' assessment). The amendments clarify which skills assessments can be relied upon to either meet a requirement to make a valid visa application for, or to satisfy a criterion for the grant of, a skilled visa. Link to comment Share on other sites More sharing options...
blossom Posted October 24, 2013 Share Posted October 24, 2013 That means that if you have a skills assessment to apply for a 485 visa, it is not valid for other visas. For tra at least this has been the case for YEARS. Certainly was when I got mine in 2010, so I'm not really sure what is changing. Maybe other skills assessing authorities didn't specify the difference between the 485 one and a full one before? Link to comment Share on other sites More sharing options...
wrussell Posted October 24, 2013 Share Posted October 24, 2013 My agent said that "there is a small chance the migration regulations may change the work experience requirement whilst your application is processed. This may affect both new and pending visa applications." Is this true? Some regulation changes and some ministerial directions affect future applications and in some cases unfinalised applications too. Link to comment Share on other sites More sharing options...
Guest dugles Posted October 24, 2013 Share Posted October 24, 2013 Some regulation changes and some ministerial directions affect future applications and in some cases unfinalised applications too. Dear All, I have obtained my skill assessment last month (Engineers Aus) and my application for state sponsorship is with WA now. In order to apply for visa, should I need to contact the EA to reflect the change in my skill assessment for 190 subclass. My timeline is: EA Approved: 21 Aug 13 WA Applied: 10 Oct. for 190 visa sponsorship now awaiting the invitation. What happens if I directly lodged the application with the skill assessment issued to me on 21 aug.? Please help. Link to comment Share on other sites More sharing options...
Quinkla Posted October 25, 2013 Share Posted October 25, 2013 There is a principle in regulation of non-retrospectivity. That is, no regulation can make a lawful action that has already been taken into an unlawful action. However, unless specified otherwise, it applies to all future actions. Therefore, unless specified otherwise, it would apply to all parts of the visa applcation process that have not already been completed, including the decision process. But if a visa has been granted, a change in eligibility would not nullify the visa. However, some (but not all) regulations will include a transitional provision so that processes that have already started may be allowed to continue to completion using the old rules. This is not always done, and even when it is done it is possible that it will have been badly worded so that some cases benefit from it and others don't. So the answer is to wait and see what the regulations say. Link to comment Share on other sites More sharing options...
karmen128 Posted October 25, 2013 Author Share Posted October 25, 2013 I have read the following a few times but struggling to see what they are changing? are they saying that all temp visas when converting to 189 190 must have a skills asssement now? or are they saying something else From 28 October 2013, the Migration Regulations 1994 ('the Regulations') are amended to put beyond doubt that skills assessments cannot be used to permit the grant of a visa class, subclass or stream to which the assessment is not meant to apply. It is intended that a skilled visa shall not be granted as the result of a skills assessment that is restricted to another visa. For these purposes, a 'skilled visa' is a Subclass 186 (Employer Nomination Scheme) visa, a Subclass 187 (Regional Sponsored Migration Scheme) visa, a Subclass 189 (Skilled Independent) visa, a Subclass 190 (Skilled Nominated) visa, a Subclass 485 (Temporary Graduate) visa or a Subclass 489 (Skilled Regional (Provision)) visa. It is a criterion for the grant of a skilled visa that an 'assessing authority' or a 'relevant assessing authority' has assessed the applicant's skills as suitable for the occupation nominated in the application. The assessing authority (both a 'relevant assessing authority' and an 'assessing authority') must be able to assess the suitability of an applicant's skills against different standards as the standards against which an applicant is assessed can vary depending on the visa applied for. The assessment may either be issued in respect of an application for a specific visa subclass or stream (for example, a Subclass 485 visa) or not be restricted by reference to a specific visa subclass or stream (an 'open' assessment). The amendments clarify which skills assessments can be relied upon to either meet a requirement to make a valid visa application for, or to satisfy a criterion for the grant of, a skilled visa. I've already submitted my application for 190 PR and waiting for CO to be assigned. So will this new regulations affect my pending application? Link to comment Share on other sites More sharing options...
Quinkla Posted October 25, 2013 Share Posted October 25, 2013 I've already submitted my application for 190 PR and waiting for CO to be assigned. So will this new regulations affect my pending application? The wording says the change is to "put beyond doubt". This implies that the regs are not saying anything new, just saying the existing thing but more clearly. Therefore expect that they will apply to you. Link to comment Share on other sites More sharing options...
lightunderscore Posted October 28, 2013 Share Posted October 28, 2013 My agent said that "there is a small chance the migration regulations may change the work experience requirement whilst your application is processed. This may affect both new and pending visa applications." Is this true? Well as far as I know, they haven't announced anything. But if they do change it, it could affect pending apps. My 457 renewal this year got held up because they changed the requirement for a new skills assessment. I had already lodged the app in May 2013 but it hadn't been processed by July 2013, when they changed the law. Had to get my skills assessment suddenly (was exempt before!!) Let's hope it doesn't change the work experience requirement tho! Link to comment Share on other sites More sharing options...
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