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29th March 2012
Volume 215

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In This Issue
New skilled visa subclass changes
Key changes to threshold eligibility requirements
New points test
Dear students, 


Welcome to the first edition of IMMIGRATION NEWS for 2012 and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. You can subscribe by using the link on the right hand side or by visiting our web site. Please feel free to forward this email to any of your friends.

Some of you may know DIAC will introduce some big changes to General Skilled Migration visas from 1July 2012. In this issue, we will cover some of the changes to Points Tested Skilled Migration Visas.


New Skilled Visa and Points Test Arrangements


Visa Subclass Changes

Currently there are 6 different (points tested) General Skilled Migration visas. From 1 July 2012, these visas will be replaced by 3 new points tested skilled migration visa subclasses.


> Subclass 189 (Skilled Independent)

            - replacing Subclass 885 (onshore) and 175 (offshore)

> Subclass 190 (Skilled nominated)

            - replacing Subclass 886 (onshore) and 176 (offshore)

> Subclass 489 (Skilled regional)

    <4 year provisional visa for 887 visa>

            - replacing Subclass 487 (onshore) and 475 (offshore)


As you can see, DIAC has removed the distinction between the onshore and offshore applications.


Non-points tested skilled migration visa subclasses - such as Subclass 485 (skilled graduate) will not change. Remember, as our previous newsletter explained, there will be new Graduate visas in early 2013.


Subclass 887 (skilled regional) visa will be changed to allow for applications from the new subclass 489.


Existing points tested skilled migration visas granted in Australia (subclasses 885, 886 and 487) will be closed for new applications from 1 January 2013, whereas visas granted outside Australia (subclasses 175, 176 and 475) will be closed from 1 July 2012.


Former international students who are fortunate to be covered by the transitional arrangements (read Volume 204) do not need to be concerned as the existing visa subclasses will remain open to meet the promises made on the 8th February 2010.




Key changes to threshold eligibility requirements


Location requirements


From 1 July 2012, it does not matter where you are at time of application lodgement or decision. You can be in Australia or outside Australia. Also it will no longer be necessary for you to hold a particular prerequisite visa if you are onshore at the time of lodgement. That is, anyone holding a substantive visa, or Bridging visa A, B or C will be able to apply for a visa if you are invited through EOI. It is expected that those who are onshore when the application is lodged a bridging visa will be granted to allow them to stay in Australia until the visa is granted.



Removal of Australian study or recent work experience pathway requirements


 In the current system, you need to meet the recent Australian study requirement in the last 6 months or have recent skilled employment experience for a period totaling at least 12 months in the last 24 months before applying for a visa if you are applying overseas. From 1 July 2012, these requirements will be removed. Thus, you can apply for a visa after 6 months you completed your Australian study from July 2012 as long as you are invited to apply.



Secondary applicants


After 1 July 2012, spouses, de facto partners and dependent children can be added to the application even after applications are lodged. They can be added until the time of visa decision. This is the same way the offshore visa subclasses currently operate.


The current onshore classes do not allow this process which is a great disadvantage to those current GSM applicants who have been waiting years in Australia, on bridging visas for a decision to be made on their applications.




New Points Test 


The new points test DIAC has released at this moment is similar to the current one. The pass mark is currently set at 65 points but is designed to be changed.


Have a look at: 1 July 2012 Points Test

The major difference in this point system is that you need to meet the points at time of invitation, not time of visa application or decision.
In essence, after you have received your invitation to lodge you will not be able to upgrade your points score to your advantage by obtaining a higher IELTS test result or having completed more work experience.
Overall this really will not matter because if you are invited to apply then you can assume you will be granted the visa once all the evidence of claims have been checked.
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Kind regards,

Karl Konrad, Managing Director


Jee Eun HAN, Executive Manager     

Australian Immigration Law Services

MARN: 9904238, 0850073 

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 At Australian Immigration Law Services (AILS), we offer professional advice and practical solutions to all migration matters. Our team of licensed agents and consultants specialise in various areas of immigration law, such as skilled migration, business, family, and reviews.


저희 회사에는 한국인 스탭도 일하고 있습니다.








The changes announced were not unexpected. However does the new EOI mean the End Of Immigration? It is a term I have heard used many times by concerned/depressed international students who feel they will miss out on their chance of lodging a GSM application.


We will examine the SkillsSelect procedures and give our view of the new EOI process next week. It certainly is not the end but it will get harder.





Karl Konrad

Managing Director 

Karl Konrad








Han Photo with Jacket

 Executive Manager

Jee Eun HAN


Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: | website: 


 Level 13, 37 York Street Sydney NSW 2000

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