George Lombard

Statement by Migration Institute of Australia on the CSL and related changes:

Employer-sponsored permanent migration

Employer-sponsored permanent migration applications will be fast-tracked. In his press release, the Minister said that "this could see employer sponsored visas occupying an increasing share of the skilled program, with 36,000 visas likely in the current year"

General Skilled Migration

For General Skilled Migration applications (both onshore and offshore), priority processing will be given to those who:

•1. have State or Territory sponsorship; or

•2. have a nominated occupation in the new "Critical Skills List (CSL)". This list focuses on medical and key IT professionals, engineers and construction trades.

In a document entitled "2008-09 Migration Program Changes Frequently asked questions" it states in Question 8 that "Occupations that are not included in the CSL will not be given priority processing unless the applicants have a job offer or are sponsored or nominated by a state or territory government." It is not clear if this mention of a job offer is only for employer nominated applications or also for General Skilled Migration applications.

Prospective applicants for State or Territory sponsorship should contact States or Territories to enquire about sponsorship for people who have a nominated occupation on their state skills shortage list. Please note that DIAC is allowing States and Territories to sponsor up to 500 people a year who do not have occupations on their state list. Check with states and territories about this.

Accountants are on the Critical Skills List, but the list specifies that (for the purposes of the CSL) the applicant must have achieved a score of at least 7 in each band of the IELTS test and/or has completed the Professional Year in accounting who nominate "Accountant"

These changes will not affect the eligibility of applicants who are currently eligible to apply for General Skilled Migration now to be eligible after 1 January 2009. However they will not be given processing priority. There are no changes to the points awarded for MODL.

Do these changes apply to applications lodged before 1 January 2008?

It would seem so.

In "2008-09 Migration Program Changes Frequently asked questions" it states in Question 22:

What will happen to those applications which are in the final stages of processing and where the department has requested applicants to provide health and character clearances? Those applications which are currently close to being finalised, will be finalised by the department, subject to health and character clearances."

The MIA will meeting with DIAC at the end of this week and members will be advised of any further details or clarification on these changes.

For further details:

DIAC Fact Sheet: Changes to the Skilled Migration Program: http://www.immi.gov.au/skilled/gener...on-program.pdf

Critical Skills List: http://www.immi.gov.au/skilled/gener...kills-list.pdf

2008-09 Migration Program Changes Frequently asked questions: http://www.immi.gov.au/skilled/gener...on/pdf/faq.pdf

Is your occupation in demand: http://www.immi.gov.au/skilled/gener...-in-demand.htm

Nomination by State/Territory Government: http://www.immi.gov.au/skilled/gener...e-terr-gov.htm

The Minister's media release can be found at: http://www.minister.immi.gov.au/medi...08/ce08123.htm


Cheers,

George Lombard

guiguioz

Hi George,
A few questions:
- is accountant - external auditor (2212-11) also included? It is very similar to accountant (in terms of skills recognition) but does not seem to be part of the CSL...
- does that mean in reality that MODL no-CSL will no longer be processed until June 09 (I applied 6 months ago and am currently in Australia with a 457)?

George Lombard

I'm sorry I won't be able to answer everyone's questions tonight but just to make it clear, you should all read the links and you'll see the accountant dispensation is really only for Australian graduates who have done a professional year here, or those who have a score of 7.0 on each part of the IELTS.

Also, in the past "priority" processing has sometimes had no more than symbolic significance amd at other times it has made a 2-3 month difference in overall processing time depending on how the "priority" is implemented. I don't think those who are in the CSL should get all that excited, or that those who are outside the CSL should be all that concerned.

Cheers,

George Lombard

louie

If you look at the link to the CSL, it includes only category 2211-11, so no.

slippery30

Probably FAQ's are not legal document..they are just FAQ's...one has to read the law to get deeper into the argument.....just wanted to know your opinion on FAQ 8....if a person is already in australia on 457..it assumes that he has a job offer....will he be given priority processing if he applied on ENS and 175 or only for ENS....

if the intent of these new regulations is to prioritise those applicants who have a employer and potentially wont lead to every increasing jobless rate in australia then it doesnt matter to government if they are on ENS or 175...

guiguioz

I agree with you.
However I'm not sure it's really the case. Does an agent have more info on it?
I am already in Australia with a 457 visa and I applied 5 months for a 175 as an accountant - external auditor. Still no CO...

Anne2Oz

oh no!!!!
does this take the place of the MODL list and the points gained if your occupation is on the modl?
So will the MODL list not exist from 1st Jan???

We wanted to go as FITTER (mech maintenance) and are due to lodge 175 end of Jan...., but Fitter is not on the list?

louie

No, it doesn't take the place of MODL so you should be OK, though I'd get your application in as soon as possible just in case.

I don't really know what fitters do, he's not a gas fitter or metal fitter is he? They are on the CSL.

More about these changes on this thread - http://britishexpats.com/forum/showthread.php?t=578937

Anne2Oz

thanks.... so after reading the press release again - does this mean it would be better to apply under state sponsorship, we hoped to go to WA and Fitter is on their demand/shortage list... ?

Are State sporsorship applications processed much faster that normal 175MODL applications?

no he is not a metal fitter/ gas fitter, but an overall mech maintenance fitter which is almost a bit of everything but it is on the MODL list....not on critical list though...

cookiestar

If I read this correctly, then this makes no changes to points allocated, but if my husband is classified as "mechanical engineer" by Engineers Australia, then we should get priority processing as this is on the Critical Skills List?

moriarty711

Cool I'm on the list where's my visa?

johnknight001

im a sept 08 applicant (175) and im on the list, does this mean i will be given priority over applicant s not on the list.
john

louie

Looks like it...... though of course you then need to factor in the additional delay caused by getting state sponsorship (sorry, no idea how long that takes).

man_called_Horse

Well most people who are on a 457 usually choose to apply for ENS because they did not have the points for a 175.

The 175 is more straight forward and requires a lot less paperwork and even though you would have to leave the country for a week is still less hassle.

But there would have to be some discretion on behalf of DIAC when dealing with such cases as someone already applied for 175 while on a 457.

Otherwise there could be people losing their jobs while waiting for the 175 to come through and their 457 visa expired.

eurosyl

I guess that risk is not new, as there never has been a guarantee that any 175 visa application would be processed faster whilst already in Oz on a 457.