DIAC has announced new priority processing arrangements for various skilled migration visas. It is important to note that these priority processing arrangements apply to applications already lodged with the Department of Immigration and Citizenship (DIAC), even those that were previously in the final stages of processing, as well as to future applications. DIAC states that it will not refund costs to visa applicants caused by delays in processing.
The following visas are covered by the new priority processing arrangements:
• The following General Skilled Migration (GSM) visas
Skilled – Independent subclass 175
Skilled – Independent subclass 176
Skilled – Regional Sponsored subclass 475
Skilled – Regional Sponsored subclass 487
Skilled – Independent Regional subclass 495
Skilled – Designated Area-sponsored (Provisional) subclass 496
Graduate – Skilled subclass 497
Skilled – Onshore Independent New Zealand Citizen subclass 861
Skilled – Onshore Australian-sponsored New Zealand Citizen subclass 862
Skilled – Onshore Designated Area-sponsored New Zealand Citizen subclass 863
Skilled – Independent Overseas Student subclass 880
Skilled – Australian-sponsored subclass 881
Skilled – Designated Area-sponsored Overseas Student subclass 882
Skilled – Independent subclass 885
Skilled – Sponsored subclass 886.
• Employer Nomination Scheme (ENS)
• Regional Sponsored Migration Scheme (RSMS)
The new Priority Processing priorities, which apply from 14 July 2010 are as follows:
1. Applications under the ENS and the RSMS.
2. Applications which are sponsored by a state or territory government agency with a nominated occupation that is specified on that state or territory’s state migration plan (SMP) (please note that at the time of writing, none of the States or territories have yet released their State Migration Plans). Applicants that have already been or are nominated by a state or territory government agency in an occupation that is later specified in that state or territory’s state migration plan will receive processing under priority group 2. This means that applicants to eg, the ACT, which is currently sponsoring for occupations on the new SOL, will later be able to benefit from priority processing if the occupation they nominate gets taken up on the new SMP.
3. Applications from people who have nominated an occupation on the new Skilled Occupation List (SOL) – Schedule 3, that came into effect on 1 July 2010
4. All other applications will be processed in the order in which they are received.
GSM visas which are exempt
The following visa subclasses are exempt from priority processing arrangements and will be processed in the order in which they are received:
Skilled – Recognised Graduate subclass 476
Skilled – Graduate subclass 485
Skilled – Designated Area – Sponsored (Residence) subclass 883
Skilled – Regional subclass 887.
As well, applications that have been remitted back to DIAC by the Migration Review Tribunal (MRT) are exempt from priority processing arrangements, as are applications for visas where DIAC can readily see that that the criteria for grant of a visa will not be satisfied and the visa will not be granted, and applications from subsequent entrants on an existing visa.
Occupations on the SOL – Schedule 3 in effect at 1 July 2010 – priority level 3
All applicants with a nominated occupation on the new, post 1 July 2010 SOL (Schedule 3 ) are included in priority processing level 3 including independent applicants and applicants sponsored by an Australian family member or nominated by a state or territory government (but not on a state migration plan, see above re priority level 2).
All other applications – priority level 4
Applicants with a nominated occupation that is not on the SOL – Schedule 3 in effect at 1 July 2010 and who are not employer sponsored or nominated by a state or territory government under a state migration plan, will be processed under priority group 4. Unfortunately, DIAC is currently advising that these applicants will be waiting for very long periods for a decision on their visa applications.
DIAC is further advising that Applicants with a nominated occupation that is not on the new SOL – Schedule 3 … can only move into a higher priority group by lodging a new application with an employer sponsorship or a state or territory government nomination in an occupation specified under a state migration plan. Alternatively, applicants can only nominate a different occupation that is on the SOL – Schedule 3 by lodging a new application. It is not possible to change a nominated occupation or to change to an employer sponsored or state nominated visa category, unless a new application is lodged. A new application would require the payment of a new Visa Application Charge.
For advice about any aspect of the new priority processing arrangements, please feel free to contact us here at Diverse Immigration Australia (MARN 0957773) michele.clayton@hotmail.com
Michele
