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NEW SKILLED MIGRANT MODEL: EXPRESSION OF INTEREST

On 1 July 2012, a Skilled Migrant Model (the “Model”) is proposed to be implemented which requires prospective applicants of independent, family or state/territory sponsored migration to submit an Expression of Interest (“EOI”) before lodging a visa application. This new system has been implemented in New Zealand for over 5 years now and acts as a control for the number of pending visa applications, as only EOI holders who are subsequently invited are eligible to lodge a visa application.

The Policy

The Model is designed to ensure a match between the number of applicants and the number of available program places and consequently, aims to select only highly demanded migrants as well as achieving streamlined processing times.

The Model

The two stage process is proposed as follows:

  1. Potential applicants register their claims for skilled migration through an online EOI which will include their point allotment under the points test.
  2. Each occupation will have a base points score that is the lowest eligibility score for a valid EOI. Individuals will then be ranked according to their scores in relation to the base score and, where there are equal scores, date of lodgment.
  1. The applicants with the highest ranked EOI’s will then be invited to submit visa applications during invitation rounds. For example, an invitation may be made for the top scoring 500 EOI holders at the time of invitation.

EOI’s will be kept in the system for two years or until an applicant is invited to apply for a visa.

Visas Affected

  • Skilled – Independent (Migrant) subclass 175
  • Skilled – Sponsored (Migrant) subclass 176
  • Skilled – Independent (Residence) subclass 885
  • Skilled – Sponsored (Residence) subclass 886
  • Skilled – Regional Sponsored (Provisional) subclass 475
  • Skilled – Regional Sponsored (Provisional) subclass 487

Applicants seeking employer sponsored visas may also submit an EOI, which will allow employers to view their information and contact prospective applicants to discuss potential sponsorship opportunities.

Impact on Applicants

Potential applicants who are open to obtaining any available visa for which they qualify (e.g. a family sponsored applicant who is also willing to work in an underserved region through a regional or state/territory sponsored program) may improve their chances of being invited to apply as they are able to list multiple visa classes with one EOI.

EOI’s will be based upon the relevant facts at the time of application, so although no supporting documents will be required, it would be prudent to have completed any necessary English  language tests, skills assessments, etc. Once invited to apply, you will only have two months to lodge documents required to evidence the eligibility criteria and points claimed.

Even if you register an EOI in Australia, you will not be granted a bridging visa. As such, if the visa you hold is about to expire before you register an EOI, you would need to apply for another visa to remain in Australia. If you are unable to obtain another visa, you will be required to leave Australia and await an invitation to apply. Furthermore, as an EOI is not a visa application, you will not have access to merits review by the Migration Review Tribunal in the event that you are not invited to apply for a visa.

Transitional Arrangements

Transitional arrangements are expected to apply to certain people who on 8 February 2010, held or had applied for a Skilled – Graduate (subclass 485) visa. Until the end of 2012, this group will be able to apply for a permanent skilled visa on the basis of the current system.

As the proposal is still in the development and consultation stages, further changes to procedures are possible. For further information on how the Model may affect you, please do not hesitate to contact our Sydney office on (02) 9251 6699 or our Melbourne office on (03) 9600 2577.
 
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