# Australian DIAC Migration Law Changes - in force from 1 January 2010



## Veronika Hurbis (Jun 6, 2008)

There are some very important changes that will come into force on 1 January 2010 with respect to Australian skilled visa applicants.

*[Link removed by moderator but text copied from blog]*
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This is a summary of some very important changes that will effect all future offshore visa applicants and some lodged onshore visa applicants from 1 January 2010:
*Onshore Applicants* in the following subclasses will be required to provide a suitable skilled assessment at the time of application, not just proof that a skilled assessment has been applied for:
- Skilled Independent Visa (subclass 885)
- Skilled Sponsored Visa (subclass 886)
- Skilled Regional Sponsored Visa (subclass 487)
Further, some applicants will have to provide a skills assessment which has been completed on or after 1 January 2010 for specified gazetted occupations. (We do not know, as this stage, which occupations will appear on this list.)
*Offshore Applicants* in the following subclasses will be required to comply with new work experience requirements:
- Skilled Independent Visa (subclass 175)
- Skilled Sponsored Visa (subclass 176)
- Skilled Regional Sponsored Visa (subclass 475)
In particular, visa applicants with a listed occupation will be required to show recent work experience in their occupation NOT just any skilled occupation. Again, the list of occupations affected has not yet been made available.
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Please keep a look out there for further updates (though I will post more information here as soon as more is at hand.)

Cheers,
Veronika


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## aussieland (Oct 14, 2008)

SOMV said:


> There are some very important changes that will come into force on 1 January 2010 with respect to Australian skilled visa applicants.
> 
> *[Link removed by moderator but text copied from blog]*
> ----------------------------------------
> ...



thanks Veronika for the useful info..


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## mr.india (Jul 28, 2009)

SOMV said:


> There are some very important changes that will come into force on 1 January 2010 with respect to Australian skilled visa applicants.
> 
> *[Link removed by moderator but text copied from blog]*
> ----------------------------------------
> ...


Thanks Veronika..


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## neetesh (Dec 15, 2009)

*eVisa*

Can U plz tell me How I can apply online for subclass 175.. I went to gov. imigration site ..but found nothing..can u give me the exact site URL.

Thanx


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## sunilphilip14 (Dec 13, 2009)

Thanks for the info Veronica...


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## aarav (Jul 14, 2009)

thanks veronica..


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## mr.india (Jul 28, 2009)

neetesh said:


> Can U plz tell me How I can apply online for subclass 175.. I went to gov. imigration site ..but found nothing..can u give me the exact site URL.
> 
> Thanx


Neetesh,

You start from here... https://www.ecom.immi.gov.au/visas/app/uu?form=GSMA Good luck.


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## anj1976 (Apr 24, 2008)

Thanks Veronika.. Helpful as always


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## sriikanth (May 23, 2009)

Skilled Migration: Australia Again Releases Details of Key Changes Immediately Before Xmas

Author: Alan Collett 
Date: Friday, December 18, 2009 

For the second year in a row Australia's Department of Immigration has announced important changes within days of the start of the Xmas and New Year holiday. 

Last year's bombshell was the introduction of a Critical Skills List and a significant shake up of skilled visa processing priorities. This year we have two important alterations to skilled visa applications in the form of amendments to the Migration Regulations, as follows: 

Offshore Skilled Visa Applicants 
At present one of the threshold requirements that must be satisfied when a skilled visa application is lodged with the Department of Immigration is the need to have worked in a skilled occupation for at least 12 months in the 2 years immediately prior to the submission of the visa application. This work must be paid, and for at least 20 hours per week. 

In addition, a skilled visa applicant must nominate in their visa application a skilled occupation (as defined) and - in the case of offshore applicants - undertake a formal assessment from the relevant delegated authority (eg Trades Recognition Australia, the Australian Computer Society, etc) of the applicant's competencies in a skilled occupation, as discussed more fully in DIAC booklet 1121i. 

Importantly, at the present time, the skills assessment classification can be in a different occupation to that in which the visa applicant has been working in the 12 months out of 24 immediately prior to their visa application being lodged. 

This is particularly relevant to individuals who have had a change of career, who can satisfy the qualifications/work experience requirements for a skills asssessment based on their initial occupation, but who cannot do so in their new occupation. 

The change that comes into effect on 01/01/2010 is to require offshore skilled visa applicants (subclasses 175, 176, and 475) with occupations that are to be specified by the Immigration Minister details of the occupations in question are not available at the time this article is being written to have a skills assessment classification in the same skilled occupation as that in which they have been working for a minimum of 12 months in the 2 years immediately prior to their visa application being submitted to the Department of Immigration. 

The Explanatory Memorandum to the amending legislation advises that the change " ... will ensure that applicants for an offshore skilled visa who have nominated a (to be specified) skilled occupation hold relevant up-to-date practical experience in their nominated occupation." 

Details of affected skilled occupations are not yet known, and may well not be available until the date on which the change comes into effect (01/01/2010, as noted above), so we recommend that persons with skilled occupation career changes as described above and who have obtained skills assessment classifications should lodge their visa applications straightaway.


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## MorrisonWSP (Jan 12, 2010)

Hi Veronika

I wonder if you can help my friend. He is 52 and would like to work in Australia for 2-5 years. He knows he is too old to get a working visa - but is there any other way he could come and work? He doesn't want to emigrate - but he would like to work and perhaps travel. He is a painter and decorator. I have relatives in Australia, and they tried to find out how he could come and work - but immigration couldn't help. Would he have to go through an agent?

I would appreciate your comments.

Thanks


Donna


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## MorrisonWSP (Jan 12, 2010)

Thanks Veronika for giving a lot of useful information.

Regards


Donna Concannon


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