008-09 Migration Program Changes

　　Frequently asked questions

　　Skilled Migration

　　Q1 What changes have been announced for the Skilled Migration program?

　　The changes announced to the skilled migration program by the Minister for Immigration and Citizenship are:

　　• a new section 499 ministerial direction on priority processing

　　• the introduction of a critical skills list (CSL)

　　• greater scope for state and territory governments to meet critical skills shortages in their jurisdiction.

　　Q2 What applicants will receive priority processing?

　　The new priority processing Direction gives priority to applications with employer sponsorship, state or territory sponsorship, business skills and those with an occupation on the CSL.

　　Q3 When will these changes be introduced?

　　These changes will be effective from 1 January 2009.

　　Q4 Why have these changes been introduced?

　　In the 2008 Budget, the skill stream of the migration program for 2008-09 was significantly increased to 133 500 places as part of the Government’s strategy to counter the risk of increased inflation due to pressure on the growth of wages. However, since the 2008 Budget, there has been a significant change in Australia’s economic circumstances as a result of the recent global financial crisis.

　　This crisis has weakened the Australian economy, as reflected in the recent Mid Year Economic and Fiscal Outlook (MYEFO) forecasts. In response to these changes in circumstances, the minister has announced a more targeted approach to the 2008-09 skilled migration program. This announcement includes priority processing of employer sponsored, state and regional sponsored and business skills visas and the introduction of a CSL of occupations. People seeking to migrate to Australia who have skills or qualifications in one of the occupations on the CSL will be processed in a higher priority to those applicants who do not. This will include all applications that are on hand at the time of the announcement as well as any applications received in the future.

　　Q5 Are these changes temporary or permanent?

　　The skilled migration program is continually reviewed and assessed for its relevance and outcomes in light of the economic and social needs of Australia. The program is modified as these needs change.

　　Q6 Will the program be capped, either officially or unofficially?

　　If the processing of priority categories does not consume all of the department’s processing resources, there are a number of legislative based tools available to the minister to manage the skilled application pipeline, if necessary, including suspension of processing or capping the number of visas to be issued.

　　Q7 Is there any difference in processing between onshore and offshore programs?

　　No, the new priority processing will affect onshore and offshore applications equally

　　Q8 What occupations or industries are being affected?

　　Occupations that are not included in the CSL will not be given priority processing unless applicants have a job offer or are sponsored or nominated by a state or territory government.

　　State Sponsorship

　　Q9 How can states and territories sponsor people?

　　States and territories can sponsor people who have an occupation on their state skills shortage list and they may also sponsor up to 500 people a year who do not have occupations on their state list. Applicants should directly approach the state or territory in which they wish to live to enquire about sponsorship.

　　Q10 How many people can states and territories bring in under the state and territory skills shortage list?

　　The number of potential migrants which each state or territory can sponsor from their skills shortage list is unlimited, barring the total skilled migration program’s ceiling being reached. However, each state and territory is allocated a quota of 500 off-list nominations per program year from occupations included on the Skilled Occupations List (SOL) but not on the state’s skills shortage list. These off-list nominations are in addition to the nominations from the state skills shortage list.

　　Q11 What is the state skills shortage list?

　　Each state compiles its own skills shortage list. Each state or territory can sponsor potential migrants with skills in an occupation included on their skills shortage list for a GSM visa. Applicants sponsored by a state or territory government receive an additional 10 points on the GSM points test.

　　Q12 Is there any restriction on the types of skills that states and territories can bring in under the state skills shortage list?

　　The state skills shortage lists identify occupations believed to be in shortage in each jurisdiction. The only limitation is that occupations included on the state skills shortage lists must also be listed on the GSM SOL.

　　Q13 Can the states and territories bring in people with skills that are not on the CSL?

　　Yes, states and territories may sponsor applicants who have nominated an occupation which is on the SOL but is not on the CSL. They may use their 500 off-list nominations to sponsor other applicants.

　　Q14 What is happening to the Migration Occupations in Demand List (MODL)?

　　There have been no changes to the points allocated for MODL. The MODL will be reviewed as necessary to determine any changes required for its continued use for skilled migration purposes. Under the section 499 direction, general skilled migration applicants who nominate an occupation from the MODL will receive priority processing after those applicants who nominate an occupation from the CSL and those applicants sponsored or nominated by a state or territory government.

　　Q15 When will the review of the MODL be undertaken?

　　It is expected that the review of the MODL will be undertaken in early 2009.

　　Q16 What subclasses have been affected by this announcement?

　　The introduction of the CSL and the changes to the processing priorities will affect applications for most GSM subclasses, including those lodged after 1 January 2009 and those already lodged but not yet granted. Applicants for subclasses 485 and 887 will not be affected by this change.

　　Q17 How many grants were made in 2007-08 for skills that are now on the CSL?

　　During program year 2007-08, there were 23 424 grants made to all subclasses for occupations that are now on the CSL.

　　Q18 What is the processing priority going to be now?

　　The new priority processing direction gives priority processing to permanent applications in the following order:

　　• employer sponsorship

　　• state or territory sponsorship

　　• an occupation on the CSL

　　• an occupation on the MODL

　　• and then all other applications.

　　The new priority processing direction gives priority processing to provisional applications in the following order:

　　• state or territory sponsorship

　　• family sponsorship where the applicant’s occupation is listed on the CSL

　　• and then all other applications.

　　Q22 What will happen to those applications which are in the final stages of processing and where the department has requested applicants to provide health and character clearances?

　　Those applications which are currently close to being finalised, will be finalised by the department, subject to health and character clearances.

　　Q23 What about applications outside the skill stream?

　　These measures only affect the skill stream.