Introduction of Two-stage Skilled - Designated Area-sponsored Visa
1 July 2006 - Legislation change
Client summary
From 1 July 2006, the Migration Regulations 1994 will be amended so that valid applications can no longer be made for a Subclass 139, Skilled - Designated Area-sponsored (SDAS) visa. That subclass will be replaced with a two-stage SDAS visa process.
To be eligible for the grant of a Subclass 496, SDAS (Provisional) visa an applicant for that visa will need to:
- be under 45 years of age;
- have good English skills;
- have recent skilled work experience;
- be sponsored by an eligible relative living in a designated area of Australia; and
- have skills and qualifications assessed by a relevant assessing authority as suitable for an occupation on the Skilled Occupation List (SOL).
This visa is not points tested.
To apply for a Subclass 883 SDAS (Residence) visa, an applicant for that visa must hold a SDAS (Provisional) visa and have held a SDAS (Provisional) visa for at least two years. The applicant must have also complied with the conditions of the SDAS (Provisional) visa.
SDAS (Provisional) visa holders should apply for a SDAS (Residence) visa on or before the expiry date of their SDAS (Provisional) visa.
To apply for a SDAS (Residence) visa the applicant must:
- have held a SDAS (Provisional) visa for at least two years;
- be sponsored by an eligible relative;
- have lived for two years in a designated area in the same State or Territory in which the holder's sponsor lived when the holder was first granted a Subclass 496, SDAS (Provisional) visa;
- have worked full-time for at least 12 months in a designated area in the same State or Territory in which the holder's sponsor lived when the holder was first granted a Subclass 496, SDAS (Provisional) visa; and
- have good English skills.
The applicant may be inside or outside Australia when applying for and granted a SDAS (Residence) visa.
Technical details
The following provisions of the Regulations will be amended/inserted:
Schedule 1:
Item 1128B - no applications from 1 July 2006 from applicants seeking to satisfy the criteria for the grant of a Subclass 139 visa
Item 1134 - requirements to make a valid application for new SDAS (Residence) (Class CC) visa
Item 1226 - requirements to make a valid application for new SDAS (Provisional) (Class UZ) visa
Schedule 2:
Part 139 - requirement that the application be made before 1 July 2006
Part 496 - criteria for grant of new Subclass 496 SDAS (Provisional) visa
Part 883 - criteria for grant of new Subclass 883 SDAS (Residence) visa
Additional information: Nil
Transitional arrangements: Nil
Forms: 47ST
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