Guest Gollywobbler Posted February 8, 2010 Share Posted February 8, 2010 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. :notworthy: Cheers Gill Link to comment Share on other sites More sharing options...
Alan Collett Posted February 8, 2010 Share Posted February 8, 2010 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. Link to comment Share on other sites More sharing options...
Guest Jamie Smith Posted February 8, 2010 Share Posted February 8, 2010 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 :yes: 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 Link to comment Share on other sites More sharing options...
Guest Migration Help Posted February 8, 2010 Share Posted February 8, 2010 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. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted February 8, 2010 Share Posted February 8, 2010 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 Link to comment Share on other sites More sharing options...
Glenn Wellburn Posted February 8, 2010 Share Posted February 8, 2010 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. Link to comment Share on other sites More sharing options...
George Lombard Posted February 8, 2010 Share Posted February 8, 2010 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 Link to comment Share on other sites More sharing options...
wrussell Posted February 8, 2010 Share Posted February 8, 2010 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. Link to comment Share on other sites More sharing options...
George Lombard Posted February 8, 2010 Share Posted February 8, 2010 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/Legislation/LegislativeInstrument1.nsf/all/whatsnew/6C67C16B824536D2CA2576C100125856?OpenDocument&VIEWCAT=item&COUNT=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 Link to comment Share on other sites More sharing options...
Alan Collett Posted February 8, 2010 Share Posted February 8, 2010 This is a thread for agents only ... Best regards. Link to comment Share on other sites More sharing options...
virtual_bajwa Posted February 8, 2010 Share Posted February 8, 2010 This is a thread for agents only ... Best regards. With due respect this is question to Agents....... Link to comment Share on other sites More sharing options...
Cerberus1 Posted February 8, 2010 Share Posted February 8, 2010 With due respect this is question to Agents....... This thread is for agents ONLY I have moved your other post to the thread http://www.pomsinoz.com/forum/migration-issues/78393-changes-modl-8-feb-2010-a.html Link to comment Share on other sites More sharing options...
wrussell Posted February 8, 2010 Share Posted February 8, 2010 I was hoping that someone would note that the minister can decide to cap and kill any class of visa application. Link to comment Share on other sites More sharing options...
Richard Gregan Posted February 8, 2010 Share Posted February 8, 2010 There is a "limbo" vibe to this... Of the catholic variety and not the dancing low under a pole. Link to comment Share on other sites More sharing options...
Richard Gregan Posted February 8, 2010 Share Posted February 8, 2010 Does anyone have a client who was eligible on friday and is not today? I dont. Link to comment Share on other sites More sharing options...
Welshtone Posted February 8, 2010 Share Posted February 8, 2010 For Virtual Bajwa All skilled visas are meant to have the criterion that " grant of the visa would not cause the number of visas of that class granted in a particular financial year to exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum number of such visas that may be granted in that year", which then brings them under the Section 39 power for the Minister to "Cap and Kill". The 496 Designated area sponsored visa, used to be a permanent visa - subclass 139. For some reason, when the Subclass 496 replaced the 139 visa, the capping criterion was not carried forward by the drafter into the 496 regulations. Thus the 496 is the only skills visa that the Minister cannot cap under Section 39. I have read and re-read the legislation and I can't see it anywhere for the 496 visa. So good news for Virtual Bajwa, it would seem. Regards Tony Coates Link to comment Share on other sites More sharing options...
Welshtone Posted February 8, 2010 Share Posted February 8, 2010 Just on the capping and Kill stuff again - as well as the Minister not being able to Cap and Kill pending 496 applications, the capping is done by visa class and/or subclass - so the Minister may decide to save 138 family sponsored applicants from the Cap - it would make sense as the sponsors have a vote. It would also make sense in view of the 496 problem. Regards Tony Coates Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted February 8, 2010 Share Posted February 8, 2010 Hi Tony I think that your views - even if they are only preliminary thoughts at this stage - are potentially immensely important so I have copied them into this thread as well as the other MODL thread. Cheers Gill Link to comment Share on other sites More sharing options...
George Lombard Posted February 9, 2010 Share Posted February 9, 2010 Text of Minister's speech yesterday: Migration reforms to deliver Australia's skills needs Monday, 8 February 2010 The Rudd Government is reforming the permanent skilled migration program to ensure it is more responsive to the needs of industry and employers and better addresses the nation’s future skill needs. The reforms will deliver a demand rather than a supply driven skilled migration program that meets the needs of the economy in sectors and regions where there are shortages of highly skilled workers, such as healthcare, engineering and mining. The major reforms to the skilled migration program are: 20 000 would-be migrants will have their applications cancelled and receive a refund. All offshore General Skilled Migration applications lodged before 1 September 2007 will have their applications withdrawn. These are people who applied overseas under easier standards, including lower English language skills and a less rigorous work experience requirement. It is expected about 20 000 people fall into this category. The department will refund their visa application charge at an estimated cost of $14 million. Average applications cost between $1500 and $2000 and most contain more than one person. The list of occupations in demand will be tightened so only highly skilled migrants will be eligible to apply for independent skilled migration visas. The wide-ranging Migration Occupations in Demand List (MODL) will be revoked immediately. The list is outdated and contains 106 occupations, many of which are less-skilled and no longer in demand. A new and more targeted Skilled Occupations List (SOL) will be developed by the independent body, Skills Australia, and reviewed annually. It will be introduced mid-year and focus on high value professions and trades. The Critical Skills List introduced at the beginning of 2009 which identified occupations in critical demand at the height of the global financial crisis will also be phased out. The points test used to assess migrants will be reviewed to ensure it selects the best and brightest. Potential migrants gain points based on their qualifications, skills and experience, and proficiency in English. The current points test puts an overseas student with a short-term vocational qualification gained in Australia ahead of a Harvard-educated environmental scientist. A review of the points test used to assess General Skilled Migration applicants will consider issues including whether some occupations should warrant more points than others, whether sufficient points are awarded for work experience and excellence in English, and whether there should be points for qualifications obtained from overseas universities. The review will report to Government later this year. Certain occupations may be capped to ensure skill needs are met across the board. Amendments to the Migration Act will be introduced this year to give the Minister the power to set the maximum number of visas that may be granted to applicants in any one occupation if need be. This will ensure that the Skilled Migration Program is not dominated by a handful of occupations. Development of state and territory-specific migration plans. Individual state and territory migration plans will be developed so they can prioritise skilled migrants of their own choosing. This recognises that each state and territory has different skills requirements. For example, Western Australia may have a shortage of mining engineers while Victoria may have a requirement for more architects. Under the new priority processing arrangements, migrants nominated by a state and territory government under their State Migration Plan will be processed ahead of applications for independent skilled migration. The Minister for Immigration and Citizenship, Senator Chris Evans, said the new arrangements will give first priority to skilled migrants who have a job to go to with an Australian employer. For those who don’t have an Australian employer willing to sponsor them, the bar is being raised. ‘There are plenty of occupations where there is an adequate supply of young Australians coming through our schools, TAFE colleges and universities to take up new job opportunities. They must be given the opportunity to fill these vacancies first,’ Senator Evans said. ‘But there are some occupations where there will be high demand for skills. Hospitals can’t go without nurses, country towns can’t do without a local GP and the resources sector increasingly needs skills. ‘These latest changes will continue reforms already implemented by the government and result in a more demand-driven skilled migration program that attracts highly skilled migrants to Australia to work in areas of critical need.’ The government recognises that the changes will affect some overseas students currently in Australia intending to apply for permanent residence. Those international students who hold a vocational, higher education or postgraduate student visa will still be able to apply for a permanent visa if their occupation is on the new Skilled Occupations List. If their occupation is not on the new SOL, they will have until 31 December 2012 to apply for a temporary skilled graduate visa on completion of their studies which will enable them to spend up to 18 months in Australia to acquire work experience and seek sponsorship from an employer. The changes will in no way impact on international students coming to Australia to gain a legitimate qualification and then return home. The speech by Senator Evans explaining the changes to the skilled migration program delivered at the Australian National University. See: Changes to Australia's skilled migration program __________________ Migration Agent Registration Number 9601056 george[at]austimmigration[dot]com[dot]au www.austimmigration.com.au PO Box 257 Summer Hill NSW 2130 Link to comment Share on other sites More sharing options...
George Lombard Posted February 9, 2010 Share Posted February 9, 2010 There are many issues outstanding - however the one with widest significance is whether the new skilled occupation list will apply to existing applications lodged on or after 8 February (in which case you should not lodge an application now unless you know with certainty that your occupation will be on the new list) or whether it will only apply to applications lodged on or after 1 July, when it's introduced. It's possible to interpret the various documents released on Monday to support either interpretation, and to that end the Migration Institute of Australia is seeking clarification from the Department of Immigration. Hopefully there will be some resolution of this issue by the end of the week. Cheers, George Lombard Link to comment Share on other sites More sharing options...
wrussell Posted February 9, 2010 Share Posted February 9, 2010 There is a "limbo" vibe to this... Of the catholic variety and not the dancing low under a pole. Well put: Google Locoscript and then loco. Link to comment Share on other sites More sharing options...
wrussell Posted February 9, 2010 Share Posted February 9, 2010 Does anyone have a client who was eligible on friday and is not today? I dont. I have not had any capped and killed and I believe I have maneuvered all my relevant cases around the JRT. JRT? Steps 1, 2, 3 - excellent. Step 4 - we are doing a 'Pathway D' on unfinalised applications - You are terminated. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted February 10, 2010 Share Posted February 10, 2010 Hi All If your application is in any of priority groups 2, 3 or 4, it is estimated that your visa application will be finalised within 12 months of your lodgement date. Please note that processing times can be affected by circumstances beyond the department’s control. If your application is in any of priority groups 5, 6 or 7 and you have applied for an offshore GSM visa or intend to apply for an offshore GSM visa, it is unlikely that your application will be finalised within 3 years of the date of the application. The ASPC and GSMB e-mails are both on Poms in Oz. Both are up-to-date (9th and 8th Feb respectively) and both refer to the new Direction 45. Both contain the paragraphs quoted above. The full texts of both of the e-mails are in two Poms in Oz threads. Links to the threads are below: http://www.pomsinoz.com/forum/migration-issues/78598-aspc-adelaide-processing-update-email-9-february.html http://www.pomsinoz.com/forum/migration-issues/78611-gsmb-brisbane-processing-update-email-9-february.html *********************************************************** The Hansards from the Senate Estimates Committee hearing on 9th February 2010 are available as well, now. The HTML version is below and it seems to work OK: ParlInfo - Title Details The proof copy of the PDF version is below and it has now been loaded to the end of the hearing at 10.47pm in Canberra on 9th Feb 2010. http://parlinfo.aph.gov.au/parlInfo/download/committees/estimate/12748/toc_pdf/7374-4.pdf;fileType%3Dapplication%2Fpdf Cheers Gill PS - the Agents are all very busy and might not have time to read all relevant information unless is it made easy to find it. Plus this thread is a good place to keep the links to the Hansards etc so that ordinary readers (eg me) can find them easily as well. Link to comment Share on other sites More sharing options...
George Lombard Posted February 11, 2010 Share Posted February 11, 2010 Peter Mares has come forward with an interesting piece in the online magazine Inside Story: From queue to pool: skilled migration gets a makeover | Inside Story' Some interesting comments: Stripped of the department’s convoluted language, Senator Evans’s most dramatic act has been to scrap the Migration Occupation in Demand List. Created in 1999, MODL was a list of occupations deemed to be in short supply in Australia by the Department of Education, Employment, and Workplace Relations. Aspiring migrants with qualifications and experience in the occupations on the list would score extra points in the migration points test, and this could swing the balance their way in determining whether or not they qualified for permanent residency. The minister was convinced that the MODL had been compromised. He and his department saw it less as an evidence-based evaluation of skills shortages in the economy than as an expression of successful lobbying efforts by businesses to advance their own interests. Evidence for this view can be seen in the way the MODL has expanded over time, from fewer than thirty occupations in 2004 to more than a hundred in 2009. Cheers, George Lombard Link to comment Share on other sites More sharing options...
Christopher McGrath Posted February 13, 2010 Share Posted February 13, 2010 Jamie Have you at long last crossed over to the dark side and actually become an agent? If not, why are you posting here? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.