Stewart Coulson Immigration Lawyer Turner Coulson, Immigration Layers and Migration Agents, Sydney, New South Wales, Australia.
Australian Government Cuts Migration Program
Senator Christopher Evans, the Minister for Immigration and Citizenship, has announced a 14 per cent cut in the 2008-09 Australian permanent skilled migration program intake from 133 500 to 115 000 in response to the global recession and growing unemployment.
While this cut is significant, it should be remembered that the number have only been taken back to the levels that existed in 2004.
The government has also stated that it is now only processing general skills migration visa applications, and granting visas to permanent visa applicants that are State/Territory sponsored, nominated/sponsored by an employer or who have nominated occupations on the new critical skills list.
Further administrative changes saw the removal of building and manufacturing trades from the critical skills list, such as bricklayers, plumbers, welders, carpenters and metal fitters.
Please note that even though the above occupations have been removed from the critical skills list, this does not stop applicants from lodging applications nor being awarded migration occupation in demand (MODL) points in your application - see further below!
The full statement of the Minister can be accessed at -
http://www.minister.immi.gov.au/media/media-releases/2009/ce09030.htm
Effect of Cuts on Applications for Australian General Skilled Migration visas
Generally
As stated briefly above, regardless of the Minister for Immigration's statement that no visas will be granted to applications not on the critical skills list, valid applications for general skilled migration visas that nominate occupations not on the critical skills list can still be lodged and must be accepted by the Department of Immigration and Citizenship.
It also does not meant that visas won't be granted to such applicants. However, significant time delays can be expected before a decision to grant a visa is made. How long is virtually impossible to calculate.
Australian processing times for granting visas still remain significantly shorter than those of comparable countries such as USA, the United Kingdom, Canada and New Zealand.
Migration Occupation Demand List (MODL)
It is important to distinguish between the MODL and the critical skills list.
The critical skills list is an administrative tool used by the Department of Immigration and Citizenship to better prioritize the processing of permanent skill migration visa applications so that the Government can be seen to be better addressing actual skills shortages in the Australian job market.
Trades, cooks, chefs and other vocational occupations are still on the migration occupation in demand list and additional points for these occupations are still available to applicants that satisfy the relevant criteria for award of the points.
Effects on Visas For International Students
Subclass 485 Temporary Graduate Visa
Subclass 485 Temporary Graduate Visa Applications are not affected by the migration program cuts or changes of priority in processing.
These cuts only affect applications for permanent skilled migration visas.
Decision ready applications, lodged by a migration lawyer or migration agent with decision ready checklists, should only be lodged if you want to avoid significant delays in being granted the visa.
Subclass 885 Onshore Independent (Graduate Student)
As this is a permanent visa application, applications for the subclass 885 visa are affected by the recent changes. Visas will only be granted to applications where an occupation on the critical skills list is nominated.
Subclass 886 Onshore Sponsored (Graduate Student)
As this is a permanent visa application, applications for the subclass 886 visa are affected by the recent changes.
Visas will only be granted to applications where an occupation on the critical skills list is nominated or where the applicant has state / territory sponsorship and not family sponsorship.
Where can I find the Critical Skills list and MODL?
The critical skills list can be found at -
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/critical-skills-list.pdf
The migration occupation in demand list (MODL) can be found at -
http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupations/occupations-in-demand.htm
If you would like advice in regards to your application, or potential application, please contact either Stewart Coulson or Ray Turner on 02 9264 4654 or at info@tcilawyers.com.au
Turner Coulson Immigration Lawyers - Australian Immigration Lawyers and Registered Migration Agents Sydney
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