In line with the Minister’s previous announcement of 8 February, 2010, onshore applicants for General Skilled Migration Visas under the subclasses :

1. 487 (Skilled – Regional Sponsored);
2. 885 (Skilled – Independent); and
3. 886 (Skilled – Sponsored)

will now be able to use existing suitable skills assessments to lodge a valid visa application.

Changes to the skills assessment criterion by DIAC came into effect on 12 March, 2010, and apply to applications under subclasses 487 / 885 / 886 lodged on and after that date.

This recent change has remedied the requirement existing since January 1, 2010, that applicants under these subclasses provide a skills assessment dated on or after January 1, 2010. The amendments were made in response to concerns expressed by potential applicants who already held assessments issued prior to January 1.

The net effect of these latest legislative amendments is that applicants applying for visas under subclasses 487, 885 or 886 who nominate a trade occupation may use a suitable skills assessment pre-dating 1 January, 2010 to lodge their application. Skills assessments obtained after this time will also continue to be accepted.

The department has reminded potential applicants of the importance of ensuring that when applying for a visa under these subclasses that their skills assessment must be suitable for the purposes of permanent migration and issued by the relevant assessing authority. Unsuitable skills assessments can result in an application being deemed invalid by the department.

To achieve your intended migration outcome, it is important to obtain the right assessment for your nominated occupation. Skills assessments can involve a lengthy process of completion (in some cases a number of months) and consideration of the appropriate assessment to undertake should be made well in advance to avoid unnecessary delays.

If you are have questions or concerns regarding a current or potential suitable skills assessment, our specialists are available to provide you with guidance in this area.

View DIAC’s full information update at :
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/changes-skills-assessment.pdf


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Amendments to the Migration Regulations 1994 pertaining to subclasses 801 and 820 (“Partner” visas), potentially making these visas more accessible, will come into effect on 27 March, 2010.

The amendments will effectively:

1. With respect to Subclass 801 – Partner (permanent) - allow a visa to be granted to an applicant who is outside of Australia; and
2. With respect to Subclass 820 – Partner (temporary) - clarify in the Migration Regulations 1994 that an applicant who is sponsored by a subsequent spouse or de facto partner who was not specified as the sponsor in the applicant's prospective marriage (temporary) visa application may be eligible for the grant of a Subclass 820 – Partner visa.

Previously, subclass 801 visa applications could only be made by partners of Australian citizens, permanent residents or eligible New Zealand citizens who were physically in Australia at the time of making the application. The amendment widens the umbrella of applicants in this class to include partners outside Australia, and does away with the need for such applicants to return to the country to make a valid application under this subclass.

This amendment will apply to visa applications made but not yet finally determined (within the meaning of subsection 5(9) of the Migration Act 1958 – essentially meaning any applications made and still subject to or capable of being subject to review under the Act) before 27 March 2010, and to visa applications made on or after 27 March 2010.

The second amendment is made to provide clarity with respect to the eligibility of an applicant under subclass 820 who has previously been granted a subclass 300 (Prospective marriage / Fiance) visa. The amendment makes it clear that a person may be eligible to apply for a subclass 820 (Temporary Partner) visa under the sponsorship of a spouse or de facto partner (being an Australian citizen, permanent resident or eligible New Zealand citizen) who was not the applicant’s prospective marriage partner under the earlier application (ie a new partner).

This second amendment to the Regulations will only apply to the assessment of subclass 820 visa applications made on or after 27 March, 2010.

View DIAC’s information statement in relation to the changes here:
http://www.immi.gov.au/legislation/amendments/2010/100327/lc27032010-07.htm
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The Minister for Immigration and Citizenship has issued a new Legislative Instrument (IMMI 10/011) which imposes a cap of 6530 on the number Class EA and Class UR Business Skills visas that may be granted in the 2009/2010 financial year.

This was done under the provisions of section 85 of the Migration Act 1958.

The affected visa subclasses are:
Class EA
132 Business Talent (Migrant)
Class UR
160 Business Owner (Provisional)
161 Senior Executive (Provisional)
162 Investor (Provisional)
163 State/Territory Sponsored Business Owner (Provisional)
164 State/Territory Sponsored Senior Executive (Provisional)
165 State/Territory Sponsored Investor (Provisional)

This legislative Instrument is effective from 18 March 2010.

The granting of these business visas has not yet stopped, as 6530 visas have not yet been granted, but that number could be reached at any time.

Once 6530 of these business visas have been granted, no more will be granted until after 30 June 2010.

from MIA News Service
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