Legislation & Regulations

Changes to General Skilled Migration (GSM) Provisions

1 July 2006 - Legislation change

Client summary

From 1 July 2006, the Migration Regulations 1994 will be amended to adjust and enhance provisions relating to General Skilled Migration (GSM). The amendments include changes to:

  1. enable Bridging A and Bridging B visa holders to make a valid application for a Graduate - Skilled, or Overseas Student GSM visa, except where the bridging visa was issued in relation to an ineligible student visa;
  2. enable applicants who had a visa cancellation set aside by the MRT to apply for a SIR or Overseas Student GSM visa;
  3. remove references to the National Office of Overseas Skills Recognition (NOOSR) and replace with a reference to the Department of Education, Science and Training;
  4. provide for the fee for an assessment of a person's occupational skills or experience and educational skills by a government agency to be specified in an instrument in writing;
  5. clarify that for the purpose of allocating Migration Occupation in Demand List (MODL) points, the relevant MODL is the list in force at the time of application or the time of assessment, whichever is more favorable to the applicant;
  6. require that where an assessment that the applicant's skills are suitable for the nominated occupation is based on an Australian qualification obtained while the applicant was a student visa holder, that qualification must have been awarded as a result of full-time study of an Overseas Student registered course;
  7. remove Public Interest Criteria 4009 from Subclass 461 - New Zealand Citizen Family Relationship (Temporary) visa.

Technical details

Amendments will be made to the following provisions:

  1. Schedule 1, subitem 1128BA(3), 1128CA(3), 1212A(3)
  2. Schedule 1, subitem 1128BA(3), 1128CA(3), 1218A(5)
  3. Regulation 1.03, Subregulation 2.26(5), 2.26B(1)
  4. Regulation 5.40
  5. Regulation 2.26A
  6. Schedule 2, clause 134.214, 136.222, 137.213, 138.224, 139.225, 495.232, 861.222, 862.224, 863.225, 880.230, 881.232, 882.233
  7. Schedule 2, clause 461.223

Additional information: Nil

Transitional arrangements:

Amendments to the Regulations and Schedule 1 to the Regulations apply to applications for a visa made on or after 1 July 2006

Amendments to Schedule 2 and Schedule 6A to the Regulations apply to applications made but not finally determined before 1 July 2006.

Forms:The following forms and booklets have been updated to reflect these amendments:
47SK - Application for General Skilled Migration to Australia
Booklet 6 - General Skilled Migration

Instructions: PAM3 The relevant policy documents have been updated to reflect these amendments

Effect on delegations: Nil

Effect on systems: ICSE will be updated to reflect these amendments