Changes Affecting The General Skilled Migration (GSM) Program
1 November 2005 - Legislation change
Client summary
The following changes to the Migration Regulations 1994 ("the Regulations") relating to the General Skilled Migration program take effect on 1 November 2005:
- remove the requirement that evidence of sponsorship for a Skilled Independent Regional (SIR) visa be given on a particular form in order to facilitate electronic lodgement;
- remove the Assurance of Support (AoS) requirement for SIR visa holders - there is no need to require an AoS for a person on a temporary visa because they are ineligible for Centrelink benefits;
- extend the provision to invite suitable candidates to make further GSM applications in Australia;
- enable decision-makers to use the existing assessed score for a pooled applicant invited to apply for a SIR visa, instead of conducting a further assessment under the points system;
- enable decision makers to award bonus points to certain applicants who indicate they are able and willing to deposit money in designated securities, allowing the deposit to be made following assessment under the points system;
- clarify that the dependants of a SIR visa holder can subsequently apply for and be granted a SIR visa as secondary applicants without requiring the primary visa holder to be reassessed for the SIR visa;
- clarify the criteria to be satisfied by SIR visa holders who make an application for a second SIR visa;
- provide concessions to Working Holiday Maker and Occupational Trainee visa holders to enable them apply for and be granted a SIR visa onshore;
- allow onshore SIR visa applicants who are granted a Bridging Visa A to have unrestricted permission to work;
- require SIR visa holders applying for a permanent visa to have held 1 or more SIR visas for at least two years;
- allow applicants for a substantive visa to count periods of work experience gained in Australia on a Bridging visa A or B for the purpose of meeting GSM requirements;
- ensure study undertaken to satisfy GSM requirements is in a course or courses registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS);
- clarify the meaning of 'completed' as it relates to applicants who have recently undertaken studies in Australia;
- broaden the class of relatives eligible to sponsor applicants for Designated Area Sponsored and Australian Sponsored visas; and
- clarify the definition of 'skilled occupation'.
Technical details
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Remove the requirement to evidence sponsorship on a particular form
The regulations have been amended to enable Skilled Independent Regional (SIR) visa applicants sponsored by a State/Territory government agency or a delegated Regional Certifying body to only provide the following when they apply:
on paper, they may submit form 1244 or an approved letter from a State/Territory government agency or delegated Regional Certifying Body as proof of sponsorship; or
via the Internet, the Department will verify sponsorship arrangements with the relevant State/Territory government agency or delegated Regional Certifying Body.
Affected legislation:
Schedule 2
495.227
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Remove the Assurance of Support requirement for SIR visa holders
The regulations have been amended to remove the requirement for SIR visa holders to have an Assurance of Support. An AoS is an undertaking by a person to repay to Centrelink certain recoverable benefits paid to visa holders during the first two years after their arrival or grant of their visa. As temporary residents, SIR visa holders cannot access social security benefits, making this provision unnecessary.
Affected legislation:
Schedule 2
495.228, 495.324
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Extend the provision to invite suitable candidates to make further GSM applications in Australia
The regulations have been amended to allow applicants who are refused an onshore GSM visa to be invited to lodge an application for a different GSM visa class if it appears (on the basis of the information available to the Minister) that a visa of that class would be likely to have been granted.
The applicant will only be required to pay the difference (if any) where the visa application charge for the invited visa is greater than the amount originally paid.
Affected legislation:
Part 2
2.11, 2.12
Schedule 1
1128AA, 1128B, 1128BA, 1128C, 1128CA, 1128D, 1218A
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Enable decision-makers to use the existing assessed score for a pooled applicant invited to apply for a SIR visa, instead of conducting a further assessment under the points system
Where a pooled Skilled Independent visa applicant is invited by the Minister to apply for a SIR visa, these amendments will compare the applicant's assessed score for the Skilled Independent visa to the applicable pass mark for the SIR visa, rather than requiring the applicant to be re-assessed for the SIR visa under the points system.
Affected legislation:
Schedule 2
495.222
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Enable decision makers to award bonus points to certain applicants who indicate they are able and willing to deposit money in designated securities, allowing the deposit to be made following assessment under the points system
At present, bonus points for deposits in designated securities can only be awarded to applicants who have made those deposits before they are assessed under the points system. This amendment allows bonus points to be awarded to Skilled Independent and SIR visa applicants who indicate they are able and willing to deposit at least AUD100 000 in a designated security for a term of not less than 12 months. These applicants are then required to have made the deposit before a visa can be granted.
Affected legislation:
Regulation 2.26A(5A)
Schedule 2
136.233, 137.232, 495.235
Schedule 6A
6A81, 6A82
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Clarify that the dependants of a SIR visa holder can subsequently apply for and be granted a SIR visa as secondary applicants without requiring the primary visa holder to be reassessed for the SIR visa
The regulations have been amended to allow a secondary applicant who is a member of the family unit of the 'holder' of a SIR visa to satisfy the criteria for grant of the visa.
Affected legislation:
Schedule 2
495.311, 495.411
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Clarify the criteria to be satisfied by SIR visa holders who make an application for a second SIR visa
The regulations have been amended to streamline the processing of applications for a second SIR visa. The amended regulations provide that applicants satisfy the criteria for the grant of a second SIR visa where they:
- have complied with the conditions of their original SIR visa (for example they have lived and worked in a regional or low population growth area); and
- continue to satisfy health, character and sponsorship criteria.
The amendments provide that applicants will not be required to be assessed under the points system when applying for their second SIR visa.
Affected legislation:
Schedule 1
1218A
Schedule 2
495.210, 495.214, 495.220, 495.313
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Provide concessions to Working Holiday Maker and Occupational Trainee visa holders to enable them apply for and be granted a SIR visa onshore
The regulations have been amended to provide that applicants for SIR visas who hold Working Holiday Maker visas (417) and Occupational Trainee visas (442) do not need to satisfy the recent work experience requirements. They must, however, satisfy the age, English language, health and character requirements, and have complied with the conditions of their previously held visa.
Affected legislation:
Schedule 1
1218A
Schedule 2
495.211, 495.216, 495.217, 495.315, 495.316
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Allow onshore SIR visa applicants who are granted Bridging Visa A while waiting for their application to be processed to have unrestricted permission to work.
The regulations have been amended to provide all SIR visa applicants unrestricted permission to work until their SIR visa application has been finalised.
Affected legislation:
Schedule 2
010.611
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Require SIR visa holders applying for a permanent visa to have held 'one or more' SIR visa for at least two years
The regulations have been amended to allow a person who is holder of a second SIR visa to make an application for a permanent visa as soon as they are able to meet the work experience and regional residence requirements and have held 'one or more' SIR visas for at least two years.
Affected legislation:
Schedule 1
1104B, 1114A, 1128C
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Allow applicants for a substantive visa to count periods of work experience gained in Australia on a Bridging visa A or B for the purpose of meeting GSM requirements
The regulations have been amended to allow the work experience undertaken in Australia, while the applicant held a Bridging visa A or B, to be counted for the purposes of meeting GSM requirements
Affected legislation:
Part 2
2.27C
Schedule 2
134.222B, 136.223B, 137.221B, 138.225B, 139.225B, 880.222A, 881.224A
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Ensure study undertaken to satisfy GSM requirements is in a course or courses registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
The regulations have been amended to ensure that any study undertaken to satisfy GSM program requirements must be CRICOS approved.
Affected legislation:
Part 2
2.26A
Schedule 1
1128BA, 1128CA, 1212A, 1218A
Schedule 2
134.111, 134.215, 134.222A, 136.111, 136.213, 136.223A, 137.111, 137.214, 137.221A, 138.111, 138.216, 138.225A, 139.111, 139.217, 139.225A, 495.111, 495.211, 861.111, 861.213, 862.111, 862.216, 863.111, 863.217.
Schedule 6A
6A51, 6A61, 6A61A, 6A63, 6A64, 6A1001, 6A1002
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Clarify the meaning of 'completed' as it relates to applicants who have recently undertaken studies in Australia.
The regulations have been amended to specify that, for GSM purposes, an applicant has "completed" study when they have met all requirements for the award and not when the award is actually conferred.
Affected legislation:
Schedule 1
1128BA, 1128CA, 1212A, 1218A
Schedule 2
134.111, 136.111, 137.111, 138.111, 139.111, 495.111, 861.111, 862.111, 863.111
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Broaden the class of relatives eligible to sponsor applicants for Designated Area Sponsored and Australian Sponsored visas
The regulations have been amended to allow uncles and aunts as relatives who can be sponsored for visas within these classes.
Affected legislation:
Schedule 1
1128BA
Schedule 2
138.211, 139.211, 862.211, 863.211.
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Clarify the definition of 'skilled occupation'
The regulations have been amended to clarify the definition of 'skilled occupation'.
Affected Legislation:
Part 1
Regulation 1.03 - Definition of Skilled Occupation
Schedule 2
138.221
Additional information: The General Skilled Migration (GSM) information on the DIMIA website and related document checklists have been updated.
Transitional arrangements:
The amendments to enable pooled Skilled Independent visa applicants to apply for a SIR visa without having their points reassessed, and clarifying the definition of 'skilled occupation', take effect for visa applications made but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 1 November 2005 or made on or after 1 November 2005.
All other amendments apply in relation to applications made on or after 1 November 2005.
Forms: 47SK
Instructions: PAM3 guidelines for GSM visas will be amended to reflect these changes.
Effect on delegations: Nil
Effect on systems: ICSE will require amendments to reflect the legislative amendments