Blog Helen Duncan, Registered Migration Agent (MARN) 0003187 and Partner at Australian Migration & Visa Lawyers
From 1 July 2012, General Skilled Migration (GSM) will be knows as Points Based Skilled Migration (PBSM). It will incorporate visa subclasses 189 (Independent), 190 (state/territory sponsored) and 489 (provisional skilled).
Applicants will not be able to apply directly for a PBSM visa but instead will have to lodge and expression of interest (EOI) and wait to be invited by the Department of Immigration and Citizenship (DIAC) to apply for a visa. There will be no onshore or offshore differentiation so applicants can only stay in Australia after lodging an expression of interest if they have a valid visa (there will be no bridging visas associated with the expression of interest). There are no DIAC fees associated with lodging an expression of interest.
There will be minimum thresholds to be met when lodging an EOI including; the applicant must be aged less than 50 years, they must have an occupation on the new skilled occupation list (SOL - not yet available), they must have competent English and they must have a positive skills assessment.
On loding the EOI applicants should ensure that they have all the evidence to justify the points they have assigned themselves. If an applicant is found to have lodged an EOI without justifying the claims with correct evidence, there are severe penalties.
There will be occupation ceilings set each year so only a certain number of applicants with a particular occupation can receive an invitation any one year.
Applicants can update their EOI with new information up to the point of being invited to apply for a visa. If they do not receive an invitation after two years of lodging an EOI, the EOI will lapse.
As part of the EOI, applicants can indicate if they wish to also be considered for an employer sponsored visa or a state/territory sponsored visa. Employer and state/territory governments will be able to go in to the pool of EOI applicants and search for people to sponsor. State and territories will be able to search by name so if an applicant is known to them, they can find the specific applicant they wish to sponsor.
Employer can search applicants by occupation, qualifications and work experience. If an employer finds an applicant they are interested in sponsoring, they can leave details and request that the applicant contact them directly. The applicant if sponsored by an employer can then apply under the employer nomination category and if approved does not need to continue with the EOI.
Invitations for subclass 189 visas will be issued based on occupation categories and applicants within each category with the highest points, will be invited first. The aim therefore will be to score as many points as possible.
Invitations for subclass 190 visas will require the applicant to have a pass mark of 65 points and a nomination by a state or territory.
Once an invitation to apply for a visa by DIAC is sent, the applicant has 60 days to lodge an application.
What can AMVL do for you?
With the aim to have as many points as possible or have a state or territory government interested in sponsoring you, at AMVL we can assist you to meet these aims.
We will advise you on how to score as many points as you can and assist with the skills, work experience and qualifications assessments. We will ensure that when an expression of interest is lodged, you have the right evidence available to justify your claims giving you the best opportunity to be invited to apply for a visa.
If you need state or territory sponsorship, we can assist with the lodgement of a sponsorship notification to your preferred state or territory, so that when you do lodge your EOI, you can be nominated quickly.
As AMVL's team of Registered Migration Agents specialise in all visa categories, should you be offered an invitation to apply for a visa by DIAC, we can provide you with expert advice and assistance with your application. Contact AMVL for more information.
(The above information was correct at 13 June 2012)