News

Priority Processing Changes for GSM, Employer Sponsored and Business Skills (Provisional) visa applications – from 23 Sept 2009

The Minister has set a new priority processing direction which comes into effect on 23 September 2009.
This Direction applies to applications in the pipeline that have not been finalised, and to applications lodged with the Department of Immigration and Citizenship, on or after 23 September 2009.
Priority processing applies to both onshore and offshore applications.
Processing priorities (highest priority listed first)
1. ENS and RSMS applications
2. State/territory nominated applications with nominated occupation on Critical Skills List (CSL)
3. Family member sponsored applications with nominated occupation on CSL
4. Applications not nominated or sponsored, but with nominated occupation on CSL
5. State/territory nominated applications with nominated occupation NOT on CSL
6. (i) applications with nominated occupation on the Migration Occupations in Demand List (MODL)                                      (ii) Family member sponsored applications with nominated occupation on the MODL
7. all other applications processed in the order in which they are received
visas subject to priority processing
 
Skill Matching Subclass 134
Skilled – Independent Subclass 136
Skilled – State/Territory-nominated Independent Subclass 137
Skilled – Australian-sponsored Subclass 138
Skilled – Designated Area-sponsored Subclass 139
Skilled – Independent Subclass 175
Skilled – Independent Subclass 176
Skilled – Regional Sponsored Subclass 475
Skilled – Graduate Subclass 485
Skilled – Regional Sponsored Subclass 487
Skilled – Independent Regional Subclass 495
Skilled – Designated Area-sponsored (Provisional) Subclass 496
Graduate – Skilled Subclass 497
Skilled – Onshore Independent New Zealand Citizen Subclass 861
Skilled – Onshore Australian-sponsored New Zealand Citizen Subclass 862
Skilled – Onshore Designated Area-sponsored New Zealand Citizen Subclass 863
Skilled – Independent Overseas Student Subclass 880
Skilled – Australian-sponsored Subclass 881
Skilled – Designated Area-sponsored Overseas Student Subclass 882
Skilled – Independent Subclass 885
Skilled – Sponsored Subclass 886

GSM visas NOT subject to priority processing

Skilled – Recognised Graduate Subclass 476
Skilled – Designated Area – Sponsored (Residence) Subclass 883
Skilled – Regional Subclass 887.

Processing priority for subclass 485 applications

applications from people who have completed an Australian Doctor of Philosophy (PHD) at an Australian educational institution in Australia
applications from people who have nominated an occupation on the CSL
applications from people who have completed an Australian Bachelor degree and Australian Masters degree at an Australian educational institution in Australia
applications from people who have completed an Australian Bachelor degree and Australian Honours degree (at least upper second class level) at an Australian educational institution in Australia
applications from people who have completed an Australian Bachelor degree or Australian Masters degree at an Australian educational institution in Australia
all other valid applications are to be processed in the order in which they are received.
Processing priority for Business Skills (Provisional) visa applications
applications from people who are sponsored by the Commonwealth or a State/Territory government
all other valid applications are to be processed in the order in which they are received.

Frequently Asked Questions

Why have the processing priorities changed?

The priority processing Direction gives priority to people seeking to migrate to Australia who have skills or qualifications in one of the occupations on the current CSL. This directive responds to the needs of the Australian economy.

 When did the changes to priority processing come into effect?

The changes take effect from 23 September 2009 and apply to applications lodged with the Department of Immigration and Citizenship (the Department) on or after this date. The changes also apply to applications that had been lodged previously with the Department and have not been finalised.

 Is there any difference in the processing priorities between onshore and offshore visa Subclasses?

No, priority processing applies to onshore and offshore applications equally, however, processing times between the two can vary.
 What occupations or industries are affected?

Occupations that are not included on the CSL will not be given priority processing unless applicants are formally sponsored by an employer under ENS or RSMS.

 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?

The new arrangements apply to all visa applications, including those in the final stages of processing. Applications in lower priority groups cannot be processed further until those in higher priority groups are finalised in accordance with the priority processing Direction.

How long will it take for my application to be finalised if my nominated occupation is on the CSL?

If you have applied for an onshore or offshore GSM visa and your nominated occupation is on the CSL, it is estimated that your application will be finalised within 12 months from your lodgement date.

My application does not fall into one of the priority categories. When can I expect to have my application finalised?

If your nominated occupation is not on the CSL and you have applied for an offshore GSM visa or intend to apply for an offshore GSM before the end of 2009, it is unlikely that your visa will be finalised before the end of 2012.

If your nominated occupation is not on the CSL and you applied for an onshore GSM visa or intend to apply for an onshore GSM before the end of 2009, it is unlikely that your visa will be finalised before the end of 2011.

Your ‘nominated occupation’ is the occupation you nominated at the time you lodged your application and cannot be changed.

If my nominated occupation is not on the CSL can I still receive priority processing?

No. If your nominated occupation is not on the CSL your application will not be prioritised.

Please do not contact the Department to request your application be exempt from the priority processing Direction. Case officers must adhere to the Minister for Immigration and Citizenship’s priority processing Direction. 

 What are my options if my application is unlikely to be finalised by the end of 2011 and I have applied for an onshore visa?

The options available are:
1. to continue to live and work in Australia (if your visa allows) whilst you await a decision on your visa application,
2. to consider your eligibility for an employer sponsored visa, or other substantive visa, or
3. to withdraw your application and return to your home country.

Note:
If you choose to withdraw your application you will not be entitled to a refund of your Visa Application Charge (VAC).

What are my options if my application is unlikely to be finalised by 2012 and I applied for an offshore visa?

The options available are:
1. to continue to await a decision on your visa application,
2. consider your eligibility for an employer sponsored visa, or
3. to withdraw your application.

Note:
if you choose to withdraw your application you will not be entitled to a refund of your Visa Application Charge (VAC).
Should you be in Australia after having applied for an offshore GSM visa, you will not be eligible for a bridging visa to remain in Australia while this application is being processed. You must apply for another visa or you will need to depart Australia.

I need to travel overseas but my visa application has not been finalised yet. What should I do?

If you were granted a Bridging visa A when you applied for your GSM visa you should be able to lodge an application for a Bridging visa B to allow you to travel and return to Australia (within a specified period). A Bridging visa B is generally not issued for greater than three months.

There is no need to contact the Department upon your return to apply for another Bridging visa unless you have further need to travel outside Australia.

 I have been granted a provisional GSM visa and my spouse now wishes to join me, will they be able to do so?

Yes. Applications for subsequent entrants for provisional GSM visas will be processed in date of lodgement order.

 I already have a State and Territory nomination, how am I affected?

All GSM applications, other than a Subclass 476, 883 and 887 are subject to the priority processing arrangements under the Minister’s Direction. Applicants who are nominated by a State or Territory and have nominated an occupation on the CSL receive the second highest priority. Applicants who are nominated by a State/Territory and have not nominated an occupation on the CSL will receive lower priority.
 
I am an Accountant with a score of International English Language Testing System (IELTS) 7 in all four components of the test, am I eligible for priority processing?

Accountants who have scored a minimum of 7 (Proficient English) in all four components of an IELTS test are eligible for priority processing under the CSL.

All Accountants, including those who hold a current British, American, Canadian, New Zealand or Republic of Ireland passport must present an IELTS test of at least 7 in each test component if they wish to receive priority processing.

Note:
The results must be from an IELTS test you sat no more than two (2) years before the day you made your application.
You will only be eligible for priority processing under the CSL once you provide evidence of your ‘proficient English’ IELTS results to the Department.

 I am a Computing Professional with a specialisation on the Migration Occupation in Demand List (MODL), how am I affected?

Only Computing Professionals who have a specialisation listed on the MODL are eligible for priority processing in the order outlined at Q2.

 Why are medical and police clearances still required for applicants applying for an onshore GSM visa who do not have an occupation on the CSL or State or Territory government nomination?

Under the Migration Regulations, you must provide evidence that you have made arrangements to undergo a medical examination and applied for an Australian Federal Police check when you lodge an onshore GSM visa application.

Visa applicants are required to undergo medical examinations in order to protect the Australian community from high health risks, costs, and overuse of scarce health resources. Similarly, to ensure that all visa applicants are of good character, an Australian Federal Police check is required.

You should not initiate any further medical or police clearances to update any clearances that have expired until you are requested to do so by your case officer.