Amendments to prevent primary applications for certain General Skilled Migration (GSM) visa subclasses

Commencement: 8 May 2010

Client summary

From 8 May 2010, the Migration Regulations 1994 (the Regulations) are amended to prevent applicants seeking to satisfy the primary criteria for a Subclass 175 (Skilled – Independent), Subclass 176 (Skilled – Sponsored) or Subclass 475 (Skilled – Regional Sponsored) visa from being able to make a valid visa application during the period commencing on 8 May 2010 and ending on a date specified by the Minister in an instrument in writing.

Affected legislation

The following provisions of the Regulations are amended:

• Schedule 1, new paragraph 1135(3)(e) is added
• Schedule 1, new paragraph 1228(3)(e) is added
• Schedule 2, the notes immediately following the headings of Divisions 175.2, 175.3, 176.2, 176.3, 475.2 and 475.3 are amended.

Additional information

The purpose of the amendments are to prevent certain applications for GSM visas being made on or after 8 May 2010 until after a specified date as a result of anticipated changes to the Skilled Occupation List (SOL).  The changes to the SOL are designed to better target Australia's skilled migration program.

Transitional provisions

The amendments to Schedule 1 apply in relation to a purported application made by a person seeking to satisfy the primary criteria for the grant of a Subclass 175 (Skilled – Independent), Subclass 176 (Skilled – Sponsored) or Subclass 475 (Skilled – Regional Sponsored) visa during the period commencing on 8 May 2010 and ending on a date specified by the Minister in an instrument in writing.

Forms

Nil.

Instructions

PAM3 will be amended to reflect these changes.