General Skilled Migration - amendment to the 'points test'

The Migration Regulations have been amended in relation to the Skilled Migration "points test" to provide additional points for applicants who:

• have completed at least two full academic years of post-graduate studies at doctoral or masters (research) level;
• in specified fields, which may include science, technology, engineering, mathematics, or information and communication technology.

Please contact us if you would like advice and assistance about your eligibility for an Australian permanent residence visa.  These changes may just mean that you can now apply.

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Australian Visa Update: Occupational Ceilings for Accountants now reached

The Department of Immigratin and Border Protection (DIBP) have released the 25th May 2016 skill select results and the remaining 345 places for Accountants were all used for the 189 program. That meant a number of 65 pointers were invited with EOIs lodged up to 6th October 2015.

There will be no more invites as Accountant before 1st July 2016.

This means that the following occupations (below) are now closed. They will re open in July 2016.

2211 – Accountants

2212 – Auditors, Company Secretaries and Corporate Treasures

2335 – Industrial, Mechanical and Production Engineers

2339 – Other Engineering Professionals

2611 – ICT Business and Systems Analysts

2613 – Software and Applications Programmers

2631 – Computer Network and Systems Engineers

Please contact Nevett Ford Lawyers Melbourne for visa assistance.


(Source: DIBP)

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Subclass 190 Anomaly - English at time of invitation and application

An anomaly has been identified in the SC 190 regulations. Reg 190.213 requires the applicant to have Competent English at the time of INVITATION. However, the definition of Competent English at Reg 1.15C requires the applicant to also have a valid English language test result at time of APPLICATION.

If the validity of an applicant's test result expires between the time of invitation and the time of application lodgement, they will not meet the requirement for Competent English and the visa will be refused.

The Department is aware of the anomaly and are moving to rectify it, but this will take some time.

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Skills assessment validity period - 3 years from the date of issue

Following amendments to the Migration Regulations 1994, from 1 July 2014, if a skills assessment is mandatory as part of a visa application, it will only be valid for a period of 3 years from the date of issue, unless a shorter validity period is specified on the assessment.

A skills assessment must be valid at the time of lodgement for the following visas:

• Direct Entry stream of the Employer Nominated Scheme (subclass 186) visa;
• Direct Entry stream of the Regional Sponsored Migration Scheme (subclass 187) visa; and
• Graduate Work stream of the Temporary Graduate (subclass 485) visa.

A skills assessment must be valid at the time of invitation to apply through SkillSelect for the following visas:

• Skilled—Independent (subclass 189) visa;
• Skilled—Nominated (subclass 190) visa; and
• Skilled Regional (Provisional) (subclass 489) visa.

These changes do not affect the Temporary Work (Skilled)(subclass 457) visa.

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