Dear Sir/Madam
General Skilled Migration (GSM) Priority Processing Arrangements
The Minister for Immigration and Citizenship, Senator Chris Evans, has, in accordance with Section 499 of the Migration Act 1958, given a Direction setting processing priorities for certain skilled migration visa applications. This Direction applies from 23 September 2009 to all skilled migration applications, including those in the final stages of processing.
The Direction gives priority to employer sponsored applicants and to applicants who have a nominated occupation which is in critical need, and are either sponsored by a State/Territory government or by a family member.
Section 51 of the Migration Act 1958 contains powers by which the Minister can consider and finalise visa applications in an order of priority that the Minister considers appropriate. Officers of the Department of Immigration and Citizenship are bound to follow this Ministerial Direction which applies to every stage of visa processing.
All General Skilled Migration (GSM) visas are subject to the processing priorities set out in Direction 42 Order of consideration – certain Skilled Migration visas, except for:
•
Skilled – Recognised Graduate Subclass 476;
•
Skilled – Designated Area – Sponsored Subclass 883;
•
Skilled – Regional Subclass 887.
These applications will continue to be processed in the order in which they were received by the Department.
The Direction gives the following processing priorities (with highest priority listed first):
1) applications from persons who are employer sponsored under the Employer Nomination Scheme and the Regional Sponsored Migration Scheme;
2) applications from persons who are nominated by a State/Territory government and have nominated an occupation on the Critical Skills List (CSL);
3) applications from persons who are sponsored by family and who have nominated an occupation on the CSL;
4) applications from persons who are neither nominated nor sponsored but who have nominated an occupation on the CSL;
5) applications from persons who are nominated by a State/Territory government and have not nominated an occupation on the CSL;
6) (i) applications from persons who have nominated an occupation that is listed on the Migration Occupations in Demand List (MODL); and
7) (ii) applications from persons who are sponsored by family and have not nominated an occupation on the CSL;
all other applications are to be processed in the order in which they are received.
The CSL is a list of occupations developed in response to the changing critical skills needs of Australia. The CSL can be found on the Department’s website at:
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/critical-skills-list.pdf
This new Processing Priority Direction replaces the previous Processing Priority Direction which commenced on 1 January 2009.
The processing priority arrangements change the order in which applications are processed and the length of time it will take to finalise applications. However, these changes have not affected the requirements to be satisfied for the grant of a visa.
As the economic situation changes, the Government will review its measures to ensure that the program target and objectives are achieved.
How are you affected?
As your nominated occupation is not on the CSL and you have applied for an offshore GSM visa it is unlikely that your visa will be finalised before the end of 2012.
Your ‘nominated occupation’ is the occupation you nominated at the time you lodged your application and can not be changed.
The priority processing arrangements apply to all applications, irrespective of the date your application was lodged; whether health and character clearances have been provided or your application is in the final stages of processing or your nominated occupation was previously on the CSL.
Please note that these application processing times are based on the current visa application rate, the Processing Priority Direction (in effect from 23 September 2009), and the availability of places in the Migration Program.
You will be contacted when your visa application is re-allocated to a case officer. Please do not contact the Department to request your application be exempt from the Minister for Immigration and Citizenship’s Priority Processing Direction as case officers must adhere to the Minister’s Direction.
Processing priorities are subject to change. Any changes to these priorities or processing times will be updated on the Department’s website. See:
http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm
Providing outstanding documents
If you were previously requested to undergo further health and character checks but have not yet initiated these, you should not proceed until a further request is made by the Department.
If you have already undergone your health and character checks, these should be forwarded to the Department. However, processing of your application will not be finalised until further notice.
Unless you are advising the Department of a change in your personal circumstances (for example, changes to address, contact details or family composition) no further documentation should be provided by you until your case officer contacts you.
Your visa status
For Offshore GSM applicants (subclasses 134, 136, 137, 138, 139, 175, 176, 475, 495 (offshore), and 496) who are in Australia, bridging visas are not applicable to your application. To remain lawfully in Australia you will need to ensure you continue to hold a visa (such as a Tourist or Student visa).
Can I provide a new skills assessment?
If you obtain a new skills assessment for an occupation included on the CSL, this can only be considered with a new application. You must ensure you meet the legislative criteria in place at the time of lodgement. Any new application will require a new Visa Application Charge (VAC).
Can I withdraw my application and get a refund of my Visa Application Charge (VAC)?
If you wish to withdraw your application, you must advise the department in writing. This advice can include any number of applicants but must be signed by each person aged 18 years and over.
You may seek a refund of the VAC; however legislation provides only limited circumstances in which refunds may be given. A VAC is usually only refunded when an application is deemed unnecessary or was made as a result of a mistake by either the applicant or the Department.
A refund will not be given in circumstances where an applicant considers a ‘mistake’ was made because they:
•changed their mind;
•do not satisfy a criterion for visa grant; or
•do not wish to proceed with their application because it will take longer to process than expected.
Where can I get further information?
The case officer previously assigned to your application will no longer be able to assist with enquiries about your application.
Information on skilled visa processing is updated regularly and can be obtained by sending a blank email to:
aspc.processing@immi.gov.au (for applications being processed in Adelaide) or
gsmb.information@immi.gov.au (for applications being processed in Brisbane). This is an automated email service.
Further advice and information concerning priority processing arrangements and other changes to General Skilled Migration visas is available on the Department’s website at:
http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm
Yours sincerely
Suzanne Jarrett
Adelaide Skilled Processing Centre
Department of Immigration