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General Skilled Migration Regulations for 1 July Announced


George Lombard

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Complex regulations implementing all the relevant General Skilled Migration changes have been promulgated today. Unfortunately the new SOL is not yet available, but what we have will clarify many questions. See ComLaw Legislative Instruments - Migration Amendment Regulations 2010 (No. 6) (SLI 2010 No. 133) .

 

In particular, the regulations introduce the mechanism for a SOL which will have independent and state sponsored occupations, create a framework for applying ANZSCO to general skilled migration applications and 457 applications, and break the nexus between sponsored and unsponsored general skilled migration applications. On a first reading it seems that applicants will have to choose at the outset whether they are to be family sponsored, state sponsored, or independent. That is, new applications for subclass 175, 176, 475, 487, 885 and 886 from 1 July (existing applicants are safe) won't be able to shift between those subclasses.

 

Cheers,

 

George Lombard

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Guest izephyr

Well, that's something that none of us had thought about. The immigration minister really have an innovative brain. He's after more and more money plus more delay if somebody would like to switch between sponsorship. No more throttling.

 

Now, I'm (almost) sure that he will keep the priority thing forever in the GSM program and sponsorship of the application is going to be a major criteria.

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Guest proud2beaussie

Thanks for posting this George,as it is important news I have made the thread sticky.

Cheers

Nigel

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Guest Gollywobbler
Well, that's something that none of us had thought about. The immigration minister really have an innovative brain. He's after more and more money plus more delay if somebody would like to switch between sponsorship. No more throttling.

 

Now, I'm (almost) sure that he will keep the priority thing forever in the GSM program and sponsorship of the application is going to be a major criteria.

 

Hi izephyr

 

I don't think that the Minister is an innovator. What he finds is that he comes up with a Bright Idea and thinks it will stick to the wall. It takes brainier people than him 5 mnutes to devise ways to get round the bloke's Latest Barriers.

 

On 17th December 2008, the Minister thought he would curb the demand for GSM applications by favouring the till-then small group of State sponsored GSM applicants. Until then, State sponsorship had been seen as a solution only for people who could not get enough points for an sc 175 visa and had no family in Oz.

 

Within 5 minutes, Alan Collett of Go Matilda posted on Poms in Oz, more or less saying, "Get State sponsorship if you possibly can!" The States were delighted. Suddenly they all became very popular and the under-populated States seized the chance of boosting their own populations.

 

A dear friend of mine is a British Painter & Decorator. He was only 31 so he had plenty of points for a sc 175 visa without needing to do the IELTS for 10 extra points. He had applied for a sc 175 visa in August 2008, which was exactly the right thing to do at the time.

 

However as soon as Alan made his own announcement on 17th December 2008, I realised that Alan was right so I collared Jackal and told him, "Apply for WA sponsorship TODAY. Get your application submitted to WA before the rush starts." Jackal asked his dope of an RMA, who opined that it was not necessary to do anything because at the time, Jackal's application wouldn't have had to wait long for priority processing anyway. I told Jackal, "Ignore him. He is wrong. Alan Collett can see which way the wind is blowing with this. Alan says to get State sponsorship so ignore your own dope, listen to Alan and get that State sponsorship pronto!"

 

Jackal read PiO, realised for himself that Alan was right, made a prompt application to WA and the upshot is that Jackal has had PR in Oz since July 2009 and has been living and working in Perth since August 2009. If he had bimbled about, listening to his own dope of an RMA instead, the chances are that Jackal would still be in the UK as we speak.

 

What else did the Minister seriously expect, though? There are always going to be sharp cookies around who will spot every loophole and will exploit it immediately. It is said that every lawyer has a dog called Loophole. Alan Collett is a chartered accountant but that only means that he has two dogs, called Loophole A and Loophole B respectively. Accountants spend more of their own time looking for loopholes in the tax legislation than lawyers really spend looking for loopholes elsewhere.

 

I reckon that once the latest package of "reforms" settles down and the new Regulations have been published in detail, a load of new loopholes will suddenly become common knowledge as well. They will work for a while because the Government Machine always takes far longer to block a loophole than it has taken for someone else to spot the loophole in the first place.

 

But it the Minister imagines that he will be the first man on the planet to be able to devise loophole-proof legislation, he is dreaming, methinks.....

 

Cheers

 

Gill

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You have to give it to the man, he keeps one step ahead of the pack. So priority processing will favour state sponsored applicants. There is a queue of people waiting to apply on July 1, yet it's distinctly possible that the SMPs won't be ready by then. So how to do you delay the onslaught of new applications? - simple, remove the option to switch between a 175 and an SMP 176. We now have to wait until the SMPs are finalised rather than pile in on the 01/07. I imagine we are not alone in this situation, and the constantly moving goalposts are beginning to become tiresome.

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Hi izephyr

 

I don't think that the Minister is an innovator. What he finds is that he comes up with a Bright Idea and thinks it will stick to the wall. It takes brainier people than him 5 mnutes to devise ways to get round the bloke's Latest Barriers.

 

On 17th December 2008, the Minister thought he would curb the demand for GSM applications by favouring the till-then small group of State sponsored GSM applicants. Until then, State sponsorship had been seen as a solution only for people who could not get enough points for an sc 175 visa and had no family in Oz.

 

Within 5 minutes, Alan Collett of Go Matilda posted on Poms in Oz, more or less saying, "Get State sponsorship if you possibly can!" The States were delighted. Suddenly they all became very popular and the under-populated States seized the chance of boosting their own populations.

 

A dear friend of mine is a British Painter & Decorator. He was only 31 so he had plenty of points for a sc 175 visa without needing to do the IELTS for 10 extra points. He had applied for a sc 175 visa in August 2008, which was exactly the right thing to do at the time.

 

However as soon as Alan made his own announcement on 17th December 2008, I realised that Alan was right so I collared Jackal and told him, "Apply for WA sponsorship TODAY. Get your application submitted to WA before the rush starts." Jackal asked his dope of an RMA, who opined that it was not necessary to do anything because at the time, Jackal's application wouldn't have had to wait long for priority processing anyway. I told Jackal, "Ignore him. He is wrong. Alan Collett can see which way the wind is blowing with this. Alan says to get State sponsorship so ignore your own dope, listen to Alan and get that State sponsorship pronto!"

 

Jackal read PiO, realised for himself that Alan was right, made a prompt application to WA and the upshot is that Jackal has had PR in Oz since July 2009 and has been living and working in Perth since August 2009. If he had bimbled about, listening to his own dope of an RMA instead, the chances are that Jackal would still be in the UK as we speak.

 

What else did the Minister seriously expect, though? There are always going to be sharp cookies around who will spot every loophole and will exploit it immediately. It is said that every lawyer has a dog called Loophole. Alan Collett is a chartered accountant but that only means that he has two dogs, called Loophole A and Loophole B respectively. Accountants spend more of their own time looking for loopholes in the tax legislation than lawyers really spend looking for loopholes elsewhere.

 

I reckon that once the latest package of "reforms" settles down and the new Regulations have been published in detail, a load of new loopholes will suddenly become common knowledge as well. They will work for a while because the Government Machine always takes far longer to block a loophole than it has taken for someone else to spot the loophole in the first place.

 

But it the Minister imagines that he will be the first man on the planet to be able to devise loophole-proof legislation, he is dreaming, methinks.....

 

Cheers

 

Gill

 

 

thanks for that info..

 

This is all starting to get a bit confusing for me, ive only just passed my Vetassess for general plumber and tried last week to carry on with my visa application.

 

But i didnt know that all though they were suspended i could not carry on with filling it out.

 

I am going as a 175 visa but i am 10 points short so i was going to apply for WA SS as soon as i got my Vetassess results. These new changes make me worry that if i apply for 175 and then 176ss the DIAC wont automatically switch it over...

 

I am not using an agent(yet) and am starting to feel a bit out of my depth.... i cant fill out any forms untill 1 july and also i have not yet been sent my Vetassess certifcate of which i need the Number to carry on with the Visa and SS..:wideeyed:

 

Not really sure what to do now....

 

Any pointers from anyone would be great...

 

Many thanks Nick.

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Guest Gollywobbler

Hi George

 

Thanks very much indeed for the information above. I've followed your link to the document published on ComLaw. Like most people, I don't understand it because I have no idea what Section 27 says, so I have no idea about the proposed amendment to it either and I am too lazy to look it all up to find out, frankly. (If I did this stuff for a living I would bother to get to grips with the details but since I don't do it as a money-making enterprise, I can't be bothered to sweat too much. It is easier for me just to wait for someone like you to provide an Idiot-Proof Guide to the changes.)

 

applying ANZSCO to general skilled migration applications and 457 applications,

Que??? I thought that the plan was to leave the list of occupations for 457 applications alone for the time being, ditto the ENSOL, and that the 457 and ENSOL lists would continue to be dealt with under ASCO?

 

If the 457 visa is to be changed so that it only works under ANZSCO from now on, will there be a new list of 457 occupations, please?

 

Also, are DIAC going to take it upon themselves to publish a "concordance" document or whatever they decide to call it, which explains to people how to "map across" between ASCO and ANZSCO? Whoever produces the relevant document, the link to it should be clearly visible on the DIAC website and the link must be made to work, in my view.

 

Many thanks

 

Gill

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Guest Gollywobbler
You have to give it to the man, he keeps one step ahead of the pack. So priority processing will favour state sponsored applicants. There is a queue of people waiting to apply on July 1, yet it's distinctly possible that the SMPs won't be ready by then. So how to do you delay the onslaught of new applications? - simple, remove the option to switch between a 175 and an SMP 176. We now have to wait until the SMPs are finalised rather than pile in on the 01/07. I imagine we are not alone in this situation, and the constantly moving goalposts are beginning to become tiresome.

 

Hi cjdrum

 

As far as I'm concerned, the Minister for Immi resembles the Duke of Plaza Toro, only scruffier. According to Gilbert & Sullivan, the Duke of Plaza Toro, "Led his regiment from behind. He found it less exciting." But the Duke was probably very neat and tidy as well and did not wear his tie under one ear etc.

 

On 8th Feb 2010, the Minister announced that he would continue to accept applications for offshore GSM visas that nominated occupations under the ASCO Code. He would continue to do this until he implemented his new SOL, so he said.

 

According to DIAC, both they and the Minister believed that the announcement would cause new GSM applications to slow down to a trickle. Instead of that, DIAC found that they started getting over 9,000 new applications a month instead of the more usual 6,000 or so.

 

So Plan B was devised in great haste, which was the immediate and un-announced (till 16:30 AEST on Friday 7th May) suspension of accepting new GSM applications until at least 1st July 2010. That sort of sudden, knee jerk, Elastoplast type of first aid stems from being several jumps behind the prospective applicants and their advisors, not one jump ahead of them, methinks?

 

I don't understand your timeline, though? How did you submit a sc 175 application on 10th May 2010 when acceptance had been suspended from midnight AEST on Friday 7th/Saturday 8th May 2010, please?

 

Cheers

 

Gill

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Gill, like the cultural reference! My timeline is just the month and year, so May 2010. I sent off the application to the agent at the very start of May, so it arrived in Perth just after the announcement. Needless to say, missing the unannounced deadline and not being able to apply under the CSL was something of a kick in the teeth, and now, on the verge of getting the agent to file on July 1, it's another case of hurry up and wait for the SMPs. I can't imagine filing a 175 now, as nothing will be processed for a long time and I would be nervous of being culled if ever the minister decides to close down the 175 route altogether. The ministry does seem to be acting in an extraordinarily reactive fashion, fighting fires as they go. It would be much simpler to merely clamp down on eligibility rules (IELTS, work experience, needing formal qualifications not just a degree etc) to be able to significantly cut down on the flow of applicants.

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Guest Gollywobbler
thanks for that info..

 

This is all starting to get a bit confusing for me, ive only just passed my Vetassess for general plumber and tried last week to carry on with my visa application.

 

But i didnt know that all though they were suspended i could not carry on with filling it out.

 

I am going as a 175 visa but i am 10 points short so i was going to apply for WA SS as soon as i got my Vetassess results. These new changes make me worry that if i apply for 175 and then 176ss the DIAC wont automatically switch it over...

 

I am not using an agent(yet) and am starting to feel a bit out of my depth.... i cant fill out any forms untill 1 july and also i have not yet been sent my Vetassess certifcate of which i need the Number to carry on with the Visa and SS..:wideeyed:

 

Not really sure what to do now....

 

Any pointers from anyone would be great...

 

Many thanks Nick.

 

Hi Nick

 

I think that the solution for you is to wait until WA publish their new State Migration Plan.

 

David Wilden is DIAC's Regional Director for Europe, based at the Aussie High Commission in London. David and his brother come from a place near Canberra originally and I don't know whether David has ever been to WA. However David knows that my sister and my mother both live in WA, so I've been there more often and know more about WA than about the rest of Australia.

 

I rang David a few weeks ago for a chat and to ask him a specific question about how the State sponsorship for the State Migration Plans will actually work? (David did not know the answer to that but said that he was trying to find out himself and would let me know once he knew. George Lombard has answered my question since then.)

 

David's brother lived in Broome, WA, for a couple of years until recently, I gathered. Making short visits to WA on tourist visas, I've never had time to go as far north as Broome but I'd like to go there because I am interested in pearls and Broome is one of the major places for growing the pearls, which are then sold to Mikimoto in Japan, who are "the" name for pearl jewellery.

 

David has never been to Broome either and I don't think that it is on his own hit list of places to visit, but he understands why I'd like to go there sometime.

 

However chatting about WA generally, I asked about the vast numbers of workers that will undoubtedly be needed in order to do all the Projects on the NW Shelf and the Oakajee Port & Rail Project, which seems to be going ahead. The Minister for Immi said comfortably that he thinks that loads of Aussie tradies will head for WA, which will take care of all the workforces in the various places in WA.

 

Premier Barnett, who is the PM for the State Government of WA, has always said that that is rubbish. The contractors in charge of the various projects in WA have always said so as well. So how will WA actually fix its workforce problems when push comes to shove, I asked?

 

David laughed. He said that he has heard that at the moment, it is almost impossible to get a Plumber to go round to one's house in Perth Metro in order to fix a domestic toilet or shower that has gone wrong because all the Plumbers have gone North in order to work on the big Projects, where the pay is much higher than the pay for fixing the odd plumbing arrangement in Perth.

 

Whereupon I laughed. My sister lives in Perth Metro and her domestic plumbing is fine at the moment. However, when she and I were chatting a year ago, she squawked that she had been trying to find a Painter & Decorator to re-decorate her house for two whole years! The bar stewards had all gone North to work on the Projects and the ones left in Perth were not willing to redecorate an ordinary domestic house. They only wanted to do the big stuff like hospitals, offices and schools. In the end, I solved my sister's problem because a British Painter & Decorator who posts on PiO was headed for Perth. Elaine (my sister) and I sweet talked Jackal, the P&D, till he very kindly agreed to redecorate Elaine's house as soon as he got to Perth and had obtained whatever local licence was needed. In the end, he did the job and Elaine is thrilled with the result.

 

I told David that this is a heck of a long winded and uncertain way for a householder in Perth to find a tradie who will go and do whatever needs doing in her house, though. If Perth has been emptied of tradesmen, who is going to fix the houses in Perth?

 

David said that if WA can prove a need for the tradies (which WA undoubtedly can) then WA will be able to include tradies in its own State Migration Plan. With a bit of luck, enough of them will want to stay in Perth Metro, he hopes.

 

Please send a completely blank e-mail to aspc.processing@immi.gov.au You will get an auto-reply within about an hour, Nick. The e-mail shows that if General Plumber is on WA's new SMP, and you get State sponsorship from WA, your visa application will be processed within about 12 months, it says. Apparently WA predict that it will take about 6 months to get the State sponsorship.

 

If it all happens as it seems likely to do, the only problem that I can foresee for you is that by the time WA publishes its SMP and you apply for and obtain State sponsorship, it will probably be early 2011 before you can apply for a sc 176 visa.

 

It seems likely that the new Points Test will be published and will "go live" on 1st January 2011. As yet, nobody knows what the new Points Test will say.

 

At the moment, you would need 120 points for a sc 175 visa. Are you sure that you would be able to get 120 points, bearing in mind that the MODL has been abolished so you can't get 15 extra MODL points any more?

 

At the moment, the threshold for a State sponsored sc 176 visa is 100 points and the State provides 10 of the points so the visa applicant only has to find 90 points him/herself, as you probably know.

 

The new Points thresholds will undoubtedly be aimed at clobbering prospective visa applicants for whom English is not their first language. The Minister and his micromanager of a line manager (a geezer called Krudd) are very keen on the idea of an English speaking Australia, probably because English is the only language that either of them is able to speak.

 

I don't actually care whether the man who mends my toilet can speak English or not. I don't want a running commentary about what is wrong with the thing or what he might be doing in order to mend it. I'm paying him to mend it and as long as it is mended and works properly when he has finished, I'm not even slightly interested in the details of how he contrived this minor miracle, frankly. Maybe Mrs Minister is fussier than me but hey, she chooses to live in Australia and there can't be many punishments that are worse than putting up with Mr Minister so if I were her, I wouldn't fuss about whether or not the Plumber can speak English. The only question worth asking is whether he can deal with the plumbing or not, after all?

 

However since the New Plans will undoubtedly be aimed at native English speakers (particularly the Scientist with a degree from Harvard, apparently) my guess is that you will probably be OK on the new Points Test.

 

Cheers

 

Gill

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Thanks for the advice Gill, i have just sent a completely blank email to the site you said.

 

Do you think i should use an agent or carry on again on my own... sometimes it seems that some agents dont know that much, but with all the changes keep happening i am starting to get lost...

 

i think i will wait and see what happens soon and then alter my 175 to 176 before i submit and try for WA SS..

 

I am just annoyed that i am not able to carry on filling out my visa application so i may have been able to know a little more..:wideeyed:

 

once again many thanks Gill...

 

Cheers Nick.

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Guest Gollywobbler
Thanks for the advice Gill, i have just sent a completely blank email to the site you said.

 

Do you think i should use an agent or carry on again on my own... sometimes it seems that some agents dont know that much, but with all the changes keep happening i am starting to get lost...

 

i think i will wait and see what happens soon and then alter my 175 to 176 before i submit and try for WA SS..

 

I am just annoyed that i am not able to carry on filling out my visa application so i may have been able to know a little more..:wideeyed:

 

once again many thanks Gill...

 

Cheers Nick.

 

Hi Nick

 

Whether or not you instruct a migration agent is something that nobody except you can decide, hun.

 

I think that if you are going to use an agent, the secret will be to use one of the small handful who are actually good at the job - which the majority aren't. The ones who are recommended are mentioned by name on PiO again and again, so stick with one of them, I would suggest. A useless migration agent is 5 times more of a headache than keeping abreast of everything yourself would be, so do please bear this in mind.

 

Filling in a visa application would not tell you anything more, so don't worry about that bit.

 

Things will become clearer as 1st July 2010 draws closer, so I'd suggest that you just sit tight for the moment and keep an eye on developments until some real clarity begins to emerge.

 

Hugs :hug:

 

Gill

xx

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Guest Gollywobbler
Gill, like the cultural reference! My timeline is just the month and year, so May 2010. I sent off the application to the agent at the very start of May, so it arrived in Perth just after the announcement. Needless to say, missing the unannounced deadline and not being able to apply under the CSL was something of a kick in the teeth, and now, on the verge of getting the agent to file on July 1, it's another case of hurry up and wait for the SMPs. I can't imagine filing a 175 now, as nothing will be processed for a long time and I would be nervous of being culled if ever the minister decides to close down the 175 route altogether. The ministry does seem to be acting in an extraordinarily reactive fashion, fighting fires as they go. It would be much simpler to merely clamp down on eligibility rules (IELTS, work experience, needing formal qualifications not just a degree etc) to be able to significantly cut down on the flow of applicants.

 

Hi cjdrum

 

I am so sorry. I read your timeline wrongly.

 

If you plan on heading for WA, I agree that you would need to wait to see whether Accountant is on the SMP for WA. Please send a completely blank e-mail to aspc.processing@immi.gov.au because the information in the auto-reply is a clear indication that the SMPs will replace the CSL in terms of importance, priority processing etc.

 

The e-mail also says that an applicant claiming to be on a particular State's SMP must be sponsored by that State. WA reckon that it will take them about 6 months to process an application for sponsorship, apparently. However, in your shoes I would ring up WA and chew the cud with them, to find out what they know:

 

State and Territory Migration Sites - australia.gov.au

 

I think that the Manager of the WA State Migration Centre might be a guy called Randall King but I am not 100% sure. Just keep screeching, "I am calling from the UK" until you manage to speak to someone who sounds intelligent and clued up, I suggest.

 

The ministry does seem to be acting in an extraordinarily reactive fashion, fighting fires as they go. It would be much simpler to merely clamp down on eligibility rules (IELTS, work experience, needing formal qualifications not just a degree etc) to be able to significantly cut down on the flow of applicants

 

Hehehehe! DIAC are the civil service, me old hearty. When have you ever met a civil servant who doesn't think that the best route to the village green is via the moon?

 

Cheers

 

Gill

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Hi.

I just want to make sure I am reading this as only NEW applicants cannot switch visa type? And those already waiting, me, on 1st July if your skill is on the SMP then you can switch? I realise no one knows for definite but just wanted to clarify for my poor, sad, tired brain.

Thanks, Kate

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Hi.

I just want to make sure I am reading this as only NEW applicants cannot switch visa type? And those already waiting, me, on 1st July if your skill is on the SMP then you can switch? I realise no one knows for definite but just wanted to clarify for my poor, sad, tired brain.

Thanks, Kate

 

Hi Kate

 

I want this clarified too. We have got our 176 family app in and are so close to getting ACT SS soon and then we want to switch.

 

If this affects us we will have to stay on family or re-apply costing us another AU$2525. I really hope it doesn't affect those with existing apps in already.

 

And, like you, if we are on SMP then we would want to switch too.

 

Can anyone clarify?

Claire

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Hi.

I just want to make sure I am reading this as only NEW applicants cannot switch visa type? And those already waiting, me, on 1st July if your skill is on the SMP then you can switch? I realise no one knows for definite but just wanted to clarify for my poor, sad, tired brain.

Thanks, Kate

 

 

Good question & I hope that someone 'in the know'

can help you out....:yes:

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Guest theredmenace

Im getting a bit fed up, I turned down 2 457's as I thought for my own personal circumstances Id apply when I come back from holiday (early July) for a 176, then look for a 457 in the area Id like to live, switch to the 176 when I was there. As said earlier for that Id have to wait for the SMP's, and even then what they gonna come up with?? Grrrrr. On top of that my professions regulatory body is also pi**ing about with changes.

 

Id say TOP of the new SOL and catergory 1 should be people with sense.

 

 

AAAAAAAAAARRRRRRRRGGGGGGGGGHHHHHHHHHHH

 

 

....And relax.....

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I actually wanted to know if we can swith back to 175, if our professions are on the new SOL, and if it gives us priority....

 

I had read somewhere on this forum that from 1st July, 2010, you cannot change between Visas. Anyway, being on the new SOL does not give you any priority. However, the SMP is the catch here... hopefully they will allow applicants to move on to the SMP.

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I'd agree with what Gill said about the shortage of tradesmen and women in Perth.

 

I was over there in August 2007 visiting a friend, and Perth was in the middle of a massive property boom. There were a couple of building plots opposite his house, and they were selling for something like half a million or a million dollars apiece.

 

My friend made a comment that it was impossible to get a builder, and that any purchaser would have an 18 month wait to get one on site. They were all up in the North, working on mining projects.

 

Nick, my personal view is that the visa application process is pretty easy. Provided your case is straightforward you probably don't need an agent to assist you, and the application fee is better in your pocket than theirs.

 

As Gill said, there are a few good ones who post here, and go with recommendations from others. Go Matilda and George Lombard both have good reputations, and there are probably others.

 

I'd suggest keeping an eye on the WA State Migration Centre pages from the end of this month, and make sure that you're ready to go with an application as soon as the system re-opens. The Victoria SS form was pretty simple, and I'm guessing that WA's is similar.

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Hi ozzielando,

 

I originally applied for a 175, and then changed o 176.

 

I thought the new SOL would have priority....but if not, of course I will keep my 176 application...

 

Wonder when they will release the new priorities....

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