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Thread for Agents ONLY re the new GSM changes


Guest Gollywobbler

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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

 

George

 

You like me would remember when the MODL had nothing listed at all for several years, we being of similar vintage, like a good old wine!!!

Cheers

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Guest Gollywobbler

Hi Jamie, hi Chris

 

Please do NOT start the sort of spat that I witnessed between Chris and the fake Jamie Smith on the Migration Help forum. That spat was totally undignified for two adults to get involved with and nobody would welcome - or put up with - a similar exhibition on Poms in Oz.

 

Chris, the Mods and Site Admin have been quite happy to let Jamie post on this thread. Jamie has done a huge amount to help the visa applicants. He played a large part in persuading Peter Mares to do the radio interviews last year. He got loads of facts and numbers from the DIAC team at the MIA conference as well and he faithfully posted all the figures on here.

 

You might not like Jamie but that is just too bad. He has been a member of PiO for a long time and he has helped hundreds of people at no cost to the people concermed.

 

Cheers both

 

Gill

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Latest news from the Migration Institute of Australia confirms several important issues for new General Skilled Migration applicants. The news has been issued with an injunction forbidding electronic copying without consent, but these are the headlines for offshore applicants:

1. All General Skilled Migration applications lodged between 8 February and the planned introduction of the new Skilled Occupation List (SOL) on 1 July will be assessed according to the current SOL.

 

 

2. DIAC and the Minister will most likely undertake the capping and ceasing of Pre 1 September 2007 Offshore Applications in March; DIAC is able to extend some clemency to people in this category who are actually in Australia, for example as holders of student visas or subclass 457 visas and have well established links in the Australia community. Anyone likely to be in this situation should be contacting DIAC immediately.

 

 

 

Cheers,

 

George Lombard

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Guest Jamie Smith

Amazing isn't it how DIAC and the Sinister oops Minister often introduce their changes as bringing certainty to applicants, as they did this time.

 

However the nature of the changes and the lack of clarity give anything but certainty.

 

Methinks it's a misused term.

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Amazing isn't it how DIAC and the Sinister oops Minister often introduce their changes as bringing certainty to applicants, as they did this time.

 

However the nature of the changes and the lack of clarity give anything but certainty.

 

Methinks it's a misused term.

 

Funny you should say that Jamie, because so did the MIA on 9th Feb when it said at least the 20,000 or so had certainty, instead of complaining like hell for its members who represent clients misthreated like this. "People our Business?". Dont think so!

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Guest Jamie Smith
Funny you should say that Jamie, because so did the MIA on 9th Feb when it said at least the 20,000 or so had certainty, instead of complaining like hell for its members who represent clients misthreated like this. "People our Business?". Dont think so!

 

I understand you're included in the specs for the new Australian submarines they're designing, Chris, as a decoy noisemaker. Stick to the topic please.

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  • 2 weeks later...

So the whole show took two hours and involved 700 registered migration agents, two DIAC officials, four experienced RMAs as a "panel" and the MIA ED, Maureen Horder.

 

Disappointingly there were no new powerpoint or PDF presentations, so although the DIAC statements were clearly carefully prepared, there's nothing at this stage which can be used as documentation.

 

That being said, the following are the important points:

 

1. There is no hope that the government will reconsider the cap and cease decision for the applications lodged prior to 1 September 2007. If there are still some such people in Australia or who have paid the second instalment of their Visa Application Charge in lieu of a secondary applicant meeting English requirements, then those people should contact the Department - either the ASPC or Canberra - immediately, since the mechanics of the cap and cease decision are about to be implemented. All affected applicants overseas ought to confirm their current address to the Department, since the fear is that a lot of offshore "agents" will be trying to intercept these fees. One of the Departmental staff made the following statement "the Minister and the Department recognise that there will be applicants who are not happy with the cap and cease provisions". For those of you who have never been to Canberra, this translates as "let them eat cake".

 

One very interesting outcome is that the Department is now saying that there were fewer than 20,000 applicants affected, and suggested, or allowed the implication, that it might only be 6,000 applications. The explanation given was that the proposal to cap and kill was first raised in September last year and the numbers had been reduced by the date of decision. My guess is, if that is true, that there must have been an orgy of last minute refusals to minimise the problem. Sadly, the Department is now suggesting informally that the cap and kill caseload are all tradespeople with credibility problems. This is disingenuous. Yes there would be bad apples but there are a lot of people whose applications were perfectly valid. Integrity issues become a bit self-fulfilling after a while, it would be nice if the Auditor-General or Ombudsman were to work through the "6,000" and give an independent summary.

 

2. The new Skilled Occupation List - the commitment is that it will be announced by 30 April, so not long now, and although the implementation date is not set, it cannot be earlier than 18 June due to DIAC operational constraints - their computers can't cope with anything earlier apparently, but I don't see any cause for complaining about that.

 

3. The new SOL - called the "narrow" SOL - might have 200 occupations as opposed to the current 400 but given that those decisions are being made outside DIAC it's impossible to speculate. The moral is that anyone who is still eligible should be trying to apply immediately, since there are no guarantees. It's quite likely that DIAC's new SOL will work on indicative numbers of grants with respect to particular occupations, ie to get away from any possible blow out in particular occupations, eg the cooks and hairdressers fiasco of 2007. English language requirements may also figure prominently in the new SOL, as they do in some of the state skills lists already.

 

4. The caravan of reform is about to reach the ENS and RSMS and there will be significant changes, including major changes with respect to integrity. Details of those changes are not yet available, the work is still underway.

 

5. Some discussion among migration agents suggests that the cap and kill provisions might be used to knock off particular occupations or combinations of occupations and English skills. The suggestion is that the oversupply of cooks and hairdressers in the backlog, as well as accountants with less that 7.0x4 on their IELTS test, may be the next group to be capped and killed.

 

6. The state migration plans will be finalised as time progresses - the first plan to be finalised may well be that of the ACT - and these will probably also specify indicative numbers of applicants to be approved.

 

The MIA will I'm sure be working on a summary paper so there will be more to come.

 

Cheers,

 

George Lombard

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First indications from Skills Australia - see Appendix 3 but make sure you read the footnote too, this is not a final list.

 

 

Appendix 3: Specialised occupations147

1331* Construction managers 2544 Registered nurses

1332 Engineering managers 2611 ICT business and systems analysts

1341 Child care centre managers 2613 Software and applications programmers

1342 Health and welfare services managers 2633 Telecommunications engineering professionals

1343 School principals 2711 Barristers(d)

1344 Other education managers 2712 Judicial and other legal professionals(d)

2211 Accountants(a) 2713 Solicitors(d)

2212 Auditors, company secretaries and corporate treasurers(b) 2723 Psychologists

2221 Financial brokers 2725 Social workers

2241 Actuaries, mathematicians and statisticians© 3122 Civil engineering draftspersons and technicians

2245 Land economists and valuers 3132 Telecommunications technical specialists

2311 Air transport professionals 3211 Automotive electricians

2312 Marine transport professionals 3212 Motor mechanics

2321 Architects and landscape architects 3221 Metal casting, forging and finishing trades workers

2322 Cartographers and surveyors 3222 Sheet metal trades workers

2326 Urban and regional planners 3231 Aircraft maintenance engineers

2331 Chemical and materials engineers 3233 Precision metal trades workers

2332 Civil engineering professionals 3241 Panel beaters

2333 Electrical engineers 3243 Vehicle painters

2334 Electronics engineers 3311 Bricklayers and stonemasons

2335 Industrial, mechanical and production engineers 3312 Carpenters and joiners

2336 Mining engineers 3321 Floor finishers

2339 Other engineering professionals 3322 Painting trades workers

2341 Agricultural and forestry scientists 3331 Glaziers

2346 Medical laboratory scientists 3332 Plasterers

2347 Veterinarians 3334 Wall and floor tilers

2393 Teachers of English to speakers of other languages 3341 Plumbers

2411 Early childhood (pre-primary school) teachers 3411 Electricians

 

2412 Primary school teachers 3421 Air-conditioning and refrigeration mechanics

2413 Middle school teachers 3422 Electrical distribution trades workers

2414 Secondary school teachers 3423 Electronics trades workers

2415 Special education teachers 3942 Wood machinists and other wood trades workers

2421 University lecturers and tutors 3991 Boat builders and shipwrights

2511 Dieticians 3996 Sign writers

2512 Medical imaging professionals 4112 Dental hygienists, technicians and therapists

2514 Optometrists and orthoptists 4114 Enrolled and mothercraft nurses

2515 Pharmacists 4115 Indigenous health workers

2521 Chiropractors and osteopaths 4231 Aged and disabled carers

2523 Dental practitioners 4233 Nursing support and personal care workers

2524 Occupational therapists 4412 Fire and emergency workers

2525 Physiotherapists 4413 Police

2526 Podiatrists

* The ANZSCO unit group code number

(a) CPA or equivalent

(b) Auditors only

© Actuaries only

(d) Legal professionals admitted to practice only

2527 Speech professionals and audiologists

2531 Generalist medical practitioners

2532 Anaesthetists

2533 Internal medicine specialists

2534 Psychiatrists

2535 Surgeons

2539 Other medical practitioners

2542 Nurse educators and researchers

2543 Nurse managers

 

147 The revised Skilled Occupation List to be used in the General Skilled Migration Program will be based on these specialised occupations but may well differ in the occupations included. The new Skilled Occupation List will be

announced in April 2010. More informat

 

 

See http://www.skillsaustralia.gov.au/PDFs_RTFs/WWF_strategy.pdf .

 

Cheers,

 

George Lombard

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Guest Jamie Smith

My take on DIAC's Melbourne presentation by Peter Speldewinde, Deputy Secretary of Skilled Migration (I think I got that right). This is not migtration advice, just notes and personal comments. Sorry, I cannot give anyone feedback on their individual cases.

 

Some background:

 

80% of offshore skilled applications are from just 4 occupations (I suspect cooking, accounting, hairdressing and hospitality).

 

10,000 applications from cooks are in the system, with just 32,000 cooks in Australia and there aren't that many leaving the industry!

 

150,000 applications are on hand, with 9,000 to 10,000 arriving each month, with just 108,000 places per year.

 

Analysis of above:

 

This shows huge distortion in favour of some occupations at the expense of others, and it was always bound to be corrected at some stage.

 

The Government has numbers on hand to be able to cut and chop at will, and with its lack of understanding of how amrkets work, is bound to do so.

 

Govt's major concern will be doing the cutting without getting sued, as a number of very smart agents and lawyers are watching these changers very closely. MIA has already pointed out some holes appearing in DIAC's proposals and these are being patched

 

DIAC comments from today:

 

Skilled Independent is now the dominant class of application but was never intended so, and will be repositioned away from being a "now" visa into a tool to help solve medium to long term skills shortages. SI will remain relegated and won't again have the priority it enjoyed previously.

 

Priority occupations will not feature in the SI applications (I guess DIAC are looking to ENS and perhaps a new visa subclass to capture the priority cases).

 

Caps will be set on occupations or visa categories in the next few weeks. (I think these will start on the four dominant occupations listed earlier and most other occupations will have little to fear).

 

The pre-2007 applicants are now down to 6,000. DIAC's problem is their information system makes it very hard to deduce information about each file without reading and sorting them all one by one.

 

I think there are so many cahnges going on, and reorganisation in the Skilled Visa Department of DIAC starts on Monday, that they will say "too many and too hard" and just dump them all in the out bin, rather than treat them as individuals and rescue those who don't have dodgy documents or weak English such as those caught up with the bond fiasco or slow work by DFAT and ASIO for background checks.

 

That said, the good ones probably number less than a thousand and might be seen as expendable - when pressed on this in Sydney DIAC used the term "unavoidable collateral damage" much to my disgust.

 

DIAC are trying to bring in the new ANZSCO together with the new SOL together with the abolition of the CSL ON THE SAME DAY being July 1. That ambitious goal gives a clear start to the new year with new policies and I guess makes reporting and budgeting easier too. DIAC were not sure they could do it on July 1, but the goal was to synchronise the 3 changes and aim for the new year start. I give them 10/10 points for setting the goal, and a 3/10 for likelihood of getting it.

 

State Migration plans must apparently be backed by research into occupations and geographic areas before DIAC/Minsiter will agree to them. It takes a while to set an ongoing and broad ranging research programme like that up.

 

Furthermore, DIAC are aware that some States will sponsor anyone for anything, and I think DIAC will knock back various occupations on the lists until the States get to show the workings behind the listing of that occupation. I expect the State lists to be fairly skinny when they launch and widen over time, much the same as the new SOL will start short and get big later (as it is run by heavy hitters with political contacts who hate embarrassment as much as the politicians do).

 

Profcessing priorities, as expressed elsewheres, are as follows and unlikely to change except for when the CSL disappears:

 

 

  1. ENS/RSMS
  2. State Plan lists
  3. State nominated on CSL
  4. CSL
  5. State nominated non plan non CSL
  6. MODL and family sponsored but not on CSL
  7. MODL (I think but the slide had disappeared then)

 

The CSL goes out when the new SOL comes in.

 

The problems as I see them a re the delays in getting all the right occupations onto the various lists, as political and operational considerations plus info gathering problems will feature for a while.

 

The proposed activity of Skills Australia to forecast skills demand has huge risks, as rubbish in gives rubbish out in any model. For example Govt reports show an increase in ageing and associated health problems for more people, so they expect to need more caregivers and these go on the list at the expense of say trades.

 

But the caregivers don't come here because the jobs don't exist because the care homes weren't built because the tradesmen couldn't be found, geddit?

 

Exactly when will a future demand occupation go on a target list? Too soon and early arrivals will face bleaker employment prospects and lower wages. Too late and you may as well not call it future demand list and by then the est of the world is chasing the same people.

 

Anyway, moving on, ENS applicants will not be subject to Job Ready Programme requirements. People applying for a 485 will only need to do step one of the JRP. People coming through 485 to PR will need to complete the next three steps.

 

The Government is researching a model that is similar to NZ, with a register of applicants against which employers, States and DIAC might then sponsor. This is silly thinking however logical it might appear. :twitcy:

 

We heard several times today that with oversupply DIAC will aim for the best and brightest. Making an application with zero pre-assurance of being picked by anyone is only for the risk takers and wealthy (although that is kinda what we have now!)

 

The NZ model, after 6 years or so, now only has the same number of people applying as are being picked. So the points mix stays about the same as demand is driven by the numbers prepared to take a punt on getting through, rather than those who join the queue and need the certainty of a fixed model becasue of a need for family and personal stability in making plans.

 

As 1200 or so applications will lapse over time and be replaced over 3 months while the top 800 always get up every two weeks, over 3 months that means 4800 people get in while 1200 fail. Hardly the best and brightest top echelon is it?

 

I know NZ has a smaller market, but it didn't used to. It became smaller as a result of the policy changes.

 

Now that might have been a goal of Government to reduce application numbers, but it's a failure of Government if the larger groups that they now deter were the best and brightest...

 

How I wish DIAC's policy makers were aged 60+ and more life experienced rather than detached academics.

 

Overall, I think we'll see more occupations being given a fair go, but it will take until at least this time next year and maybe the year after that before the new SOL, ANZSCO and State Plans start to hold together properly.

 

ENS / RSMS has become the way to go and might be so for the next 20-24 months. :yes:

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Thanks for all the analysis Jamie, but what did Peter Speldewinde actually say?

 

Did he confirm a 1 July start date plan? We've known for ages that the changes would take place at the same time.

 

Did he give any clues as to the occupations likely to be included in the new SOL?

 

Did he say that they're going to start capping certain occupations in the next few weeks - the terminology will be critical - and did he mention whether this might apply to onshore applicants as well?

 

Did he really say that the reason that they couldn't tell the difference between 20,000 and 6,000 pre-September 2007 applicants was that they would have had to look at each file individually? If he did, that's absurd.

 

What did he say about the ENS reforms in planning?

 

Cheers,

 

George Lombard

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Guest Jamie Smith

Hi George.

 

It was a careful attempt to try and inform people without making commitments where none could be given.

 

Did he confirm a 1 July start date plan? We've known for ages that the changes would take place at the same time.

No just that it was a goal and he couldn't say for sure if it would be met (manpower and resources I think).

 

Did he give any clues as to the occupations likely to be included in the new SOL?
No just that they would probably start small and build on that as needed. I got the feeling that ccentral Govt would deal with the essential universal occupations eg nursing and the State migration plans would round things out as needed in each State eg specific trades

 

Did he say that they're going to start capping certain occupations in the next few weeks - the terminology will be critical - and did he mention whether this might apply to onshore applicants as well?
Capping was to start on the pre-2007 candidates. It was not specifically mentioned about individual occupations but it seemed to me that the top four occupations might be capped too, that was MIGHT be capped.

 

It was however made clear that "surgical" adjustments might be necessary later and would be taken as and when needed. Although the top 4 occupations could be capped to sort out the college "issues" he did appear sensitive to students who were studying now. Peter's sensitivity does not necessarily rub off on the Minister.

 

Did he really say that the reason that they couldn't tell the difference between 20,000 and 6,000 pre-September 2007 applicants was that they would have had to look at each file individually? If he did, that's absurd.
Not quite. He said that the remaining undecided were hard to analyse and were 6,000 or less. He siad they would try and process as many as possible before capping started so I guess DIAC are trying to do that for those who might have only been affected by DFAT/ASIO delay on background checks and bond problems not of their making.

 

He was clear that DIAC didn't have the ability to get all the info they needed from each file without touching it, and yes that is absurd. Hundreds of millions of dollars in IT reforms and they still can't say how many applications have X or Y features. Heads should roll in the IT Department.

 

What did he say about the ENS reforms in planning?
???? I understood that ENS was going to stay like it was. He did mention some partial review of business skills (163 etc) was complete and some smaller changes would come into effect soon and that the whole business skills programme would be reviewed later.

 

I asked why ENS takes 4 months when boat people with less info (and more risk) got through faster :jimlad:, he said he wouldn't reply to that directly in case he was misquoted (about boat people) but would reply to written questions (which he will get).

 

I also mentioned that facts like 10,000 cooks v 30,000 working and top 4 occupations = 80 % offshore applications should be on the DIAC website. That would guide the market in where changes were soon to arise, and it would reassure applicants and agents dealing with other occupations.

 

Overall, I could see DIAC working hard to effect the Minister's wishes but not able to give any reasurances at all that they could meet them.

 

This anagram is relevant:

 

Conversation = Voices Rant On

 

I think I might have preferred to hear this one:

 

Elvis = Lives! :notworthy:

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OK, so it boils down to this:

 

a) Still no hope for the pre-September 2007 cases and anyone who's in Australia - on a 457 visa say - would need to contact DIAC urgently since the capping and ceasing of that caseload is imminent. Capping and ceasing of particular occupations still some way off.

 

b) Department is trying to cover its tracks on the number affected by the capping and ceasing - will have to wait until questions are asked and answered in Parliament to find out exactly how many "applicants" as distinct from "applications" have been affected. I think it will turn out that there are 6,000 applications, at least 15,000 applicants.

 

c) No new information about the new SOL, but state migration plans will need to be thoroughly prepared and one assumes therefore that not many will be approved as at 1 July.

 

d) ENS reforms not being fast tracked.

 

e) Waiting on reports from the presentations in Brisbane, Gold Coast, Adelaide (today) and Perth (tomorrow).

 

Cheers,

 

George Lombard

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Jamie has given his summary of yesterday's presentation in Melbourne - here is mine.

 

First up, let me say that I thought Peter Speldewinde gave a good presentation. He strikes me as someone who is as open as he can reasonably be, and as Maureen Horder said, we shouldn't shoot the messenger.

 

Here is a typed version of my notes.

 

- This is now a demand driven program

 

- The ideal is 1 job for every migrant

 

- The Minister's approach has caused the Department to realise that outside skilled migrants there are a host of others who have an entitlement to work in Australia, including 457 visaholders, New Zealanders, and students. The entirety impact on the availability of jobs for Australians.

 

- There is a need to target skills shortages, and to process applications accordingly: nurses before painters and decorators, for example. Processing of apps thus far has (generally) been on the basis of order of submission.

 

- The Aus Governments reform agenda also enters into the future direction of the skilled program.

 

- The MODL is not sufficiently forward looking/responsive

 

- The appropriate means of overcoming current and short term skills shortages is ENS/RSMS and the 457 program

 

- Government is trying to develop a forward looking strategy; the skilled migration program is the vehicle for this

 

- This is a whole of Government decision - not only DIAC

 

- re the SOL change, Skills Australia will present a list of occupations to the Government, which will look at the economy and "other issues" in deciding on the composition of the new SOL

 

- 150,000 applications in the pipeline, 9,000 to 10,000 processed each month, with a program of 108,000 for 2009/10 => a clear imbalance

 

- Cap and cease: applications were lodged under the less rigorous pre-01/09/2007 regime; DIAC endeavoring to finalise as many as possible at the moment/

 

- Amendments are to be made to the Migration Act so the Minister can cap and cease by selected factors, such as by occupation. Government is looking for more "surgical powers" so it can act "in the national interest."

 

- Points test amendments: consultative process under way presently. Submissions (closing date Friday 12/03/2010) are being gathered and are to be presented to Government in May 2010. AC note: see here for more details - What's New? Recent Changes in General Skilled Migration

 

- Expect the CSL to be phased out when the new SOL is introduced.

 

- Desirable for the ANZSCO to come in at the same time, and for all these amendments to be in place for the start of a new program year (ie 01/07/2010)

 

- State Migration Plans: some States and Territories are more advanced in the research underpinning their skilled occupations lists; there is a Memorandum of Understanding between the Federal Minister and the relevant State/Territory Government Ministers; variations to original Plans can be submitted and will then be approved (or not) by the Federal Government

 

- Intended that SMPs will mesh with what comes out of State and Territory education/environment/indigenous programs

 

- Job Ready Program: outcome of courses have had "variable outcomes"; looking for applicants to have the "best opportunities" to secure employment in the Australian labour market; not applicable to ENS applications

 

- Preferred pathway for onshore students is s/c 485 => employer sponsorship

 

- Pre 01/01/2010 TRA skills assessments - do not need to undertake the JRP to obtain p/r

 

- Steep growth in employer sponsored migration means a limited and declining number of visas are available for general skilled migration. This is likely to be exacerbated once the SMPs are introduced => significant changes to the points test are likely

 

- Example of the Australian hairdresser vs the Harvard qualified enviro scientist was shown, highlighting the failure to consider quality overseas qualifications in the points test

 

- Revised points test will have the purpose of selecting migrants who offer most in terms of human capital, and will make an optimal contribution to the Australian economy. The revised test must also be flexible both currently, and under any future arrangements

 

- Imminent changes for the business skills program are in the offing

 

My overall impression: we are in a time of rapid change. The (present) Australian Government is clearly looking for a migration program that is not seen in isolation, but as part of a whole of Government plan - ie a "joined up Government" approach. This must lead to more centralisation with decisions being made in Canberra - Rudd Government announcements recently in other areas (eg healthcare reform) support this.

 

Personally, I can see that this approach has some merit, but I would question the ability of any Federal Government to make decisions without coming under influence from its natural constituencies.

 

Finally, it seems that the old "certainty" of a visa being granted if you meet the visa requirements at the time of lodgment is about to disappear if the Minister is granted additional cap and cease powers - this is a fundamental change in expectations. The ability to read the way the migration tide is flowing and acting quickly will become increasingly important.

 

Best regards.

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  • 3 weeks later...

Minor changes to the SA lists are as follows:

 

 

 

  • Urban and Regional Planner
  • Statistician
  • Medical Administrator

 

 

 

  • Fitter is avialable but now has additional requirements

 

 

Suggestion to Gill, perhaps a separate sticky just for changes to state lists, this will be a very important tool over the next three months.

 

Cheers,

 

George Lombard

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  • 3 weeks later...

IMPORTANT NEWS: Changes to the time of provision of evidence of English language ability

 

There are new arrangements for the provision of evidence for English language ability. Applicants for the following GSM subclasses have until the time of decision to provide evidence of their English language ability.

 

* Skilled – Independent (Residence) visa (subclass 885)

* Skilled – Sponsored (Residence) visa (subclass 886)

* Skilled – Independent (Migrant) visa (subclass 175)

* Skilled – Sponsored (Migrant) visa (subclass 176)

* Skilled – Provisional (Regional Sponsored) visa (subclass 475)

* Skilled – Provisional (Recognised Graduate) visa (subclass 476)

* Skilled – Provisional (Graduate) visa (subclass 485) (where the application was made on or after 27 October 2008).

 

Applicants should not delay in providing their evidence of English language ability. The department will not delay finalising applications where English language test results have not been provided at time of application. Applicants will have 28 days from the date of application to provide their English language results if they did not provide them at time of application. At this point in time, if evidence has not been provided the application will be refused.

 

There is no change in the requirements for Skilled – Provisional (Graduate) visa (subclass 485) where the application was made before 27 October 2008 or the Skilled Provisional (Regional Sponsored) visa (subclass 487). The applicant must either provide evidence of English language ability at time of application or provide evidence that they have made a booking to undertake an English language test.

 

Source: What's New? Recent Changes in General Skilled Migration

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This announcement is based on the High Court decision in Berenguel, which seems to have abolished the distinction between time of application and time of decision criteria, but will only be interpreted by the Department as applying to the timing of the English language requirement. See a potted summary at The Lamp Post: Berenguel v MIC .

 

There are many queued applicants who lodged applications prior to undertaking their IELTS tests - for those who have already been refused, the remedy of Federal Court proceedings to obtain a reinstatement of their application may be impractical, but others who have not yet received a refusal should make sure that they have their IELTS on DIAC files immediately.

 

Cheers,

 

George Lombard

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A strong indication from CPAA that the requirements for accountants will include minimum 7.0 on each part of the IELTS from 1 July, see Migration assessment | About us - CPA Australia . The new CPAA rules are also more precise about the knowledge base required for all of the accountancy field occupations.

 

Interestingly, this probably fixes the date of the SOL changes (although DIAC has been suggesting they could be implemented as early as 20 June), and clearly indicates that an accountant with less than minimum 7.0 on the IELTS will not meet SOL criterial from that date (ie, you have to apply earlier).

 

Cheers,

 

George Lombard

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I think the provision of English language requirement at the time of decision will be plugged in near future through requirement of English at skills assessment stage. Trade occupations, engineers, nurses, teachers and accountants (from July) requiring IELTS at the time of skills assessment means the provision of English at the time of decision will be short lived.

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