Yes Migration Latest News

WA - GSM State Sponsorship Refused Due To Red Tape

Tue, 23 Nov 2010 11:28:08 +0100

It has come to light that the Western Australian State has recently refused to sponsor hundreds of skilled migrants (inlcuding nurses, tradesperson and engineers) for GSM due to red tape. These applicants have been staying in Perth for at least a year and it is believed most would qualify for State-sponsored permanent residency had their applications been lodged in line with the new process.The Department of Training and Workforce Development confirmed it denied sponsorship to 230 skilled migrants because some of their supporting documents were not lodged simultaneously with their applications.Such documents like work qualifications or English test results were said to be lodged weeks or months later.The long standing system of allowing "staggered submissions" in application was allowed until as recently as last year.A spokesman said the department may reconsider 32 applications from last year in which the documents were lodged soon afterwards AND before a decision was made.It appears that the recent "Marcos Berenguel" HIght Court ruling may not offer much relieve to the affected applicants as the case seems relevent for visa applications but not sponsorship applications (as in this WA situation).Source: The West Australian, Nov 17, 2010. "Red tape bars workers"

High Court Overturns Late English Test Results Requirement

Tue, 23 Nov 2010 10:50:22 +0100

There have been many instances when application for GSM has been refused because English test results have been submitted after the application is lodged.The High Court has now ruled that "it was absurd and unfair for the department to refuse to accept an English test result that came in after his application for permanent residency as a skilled migrant". This is now the precedent set in the case of Marcos Berenguel in March this year.In Berenguel's case, his application was rejected because he presented his English Test results only one month after his application is lodged. The regulation applicable requires that the applicant must show results from "a test conducted not more than two years before" the visa application. Now, the High Court has determined that legislation only requires that the applicant had to show "recent competency" in English.The repercussions of the High Court's ruling on the Berenguel case was widespread, with as many as 133 cases of refused applications citing this precedent in their appeals for Tribunal considerations, and with some cases in the Federal Magistrate's court for ruling. Courts have now sent back some 30 cases to Tribunal for reconsideration and some Federal magistrates went on to apply the Berenguel ruling to other visa categories, prompting the minister to launch Federal Court appeals to try to limit the fall-out.Though the Department of Immigration and Citizenship is appealing to limit the application of the Berenguel's case, citing that it is now interpreted too widely to cover too many visa classes and many criterias (apart from English critieria), it is now known that appeals against at least two cases (a Habid case and a Ratan Kumar Banala case) has been discontinued. A departmental spokesman cited legal advice as the reason and confirmed the minister no longer had any Berenguel appeals on foot. In light of the Minister's retreat, it is expected that there will be a boom in retesting of English Test, especially when there are delays between visa application, a decision by the department and any review by the Migration Review Tribunal. Under the Berenguel ruling, it appears that applicants can take tests right up to a tribunal hearing.Source: The Australian. Nov 10, 2010. "Chris Bowen retreats in the face of Marcos Berenguel ruling "The Australian, Oct 13, 2010. "Ruling opens door for retesting of language skills"

New GSM Points Test - proposed

Thu, 11 Nov 2010 05:16:29 +0100

There has been an announcement by The Minister for Immigration and Citizenship with regards to the new Points Test for General Skilled Migration (GSM), available here. (http://www.minister.immi.gov.au/media/media-releases/2010/cb10078.htm) This new Point Tests is proposed to take effect from 1 July 2011 (subject to passage of supporting legislation through the Parliament). It is therefore likely to affect anyone lodging an application from 1 July 2011. Therefore, the new Point Test is not expected to be applied to GSM applications lodged and acknowledged by 31 June 2011. Main changes to the proposed Points Test appears to be: •No more difference between 40/50/60 point occupations, all points removed from test(0 points).•More points awarded to productive working years (age) rather than youth•Language points adjusted, with new 20 points category introduced for “Superior English” language ability (IELTS 8)•Points adjusted for longer periods of employment in Australia or overseas•Points adjusted for university graduates and Phd•Points awarded for Australian Diploma, AQF III/IV and overeas apprenticeship based education/training.•State or Regional nomination and family sponsorship points have been reduced•family sponsorship not allowed for subclass 176 or 886 (only state nominations allowed).•Pass mark reduced to 65 (no dinstinction between individual versus nominated/sponsored applications).More information can be found on the Department of Immigration and Citizenship website.Details and brochures can be downloaded here;1. Factsheet on the new points Test2. FAQs on the new points TestPlease call YES Migration Pte Ltd at +65 65368336 for more information.

New GSM Point Test - rumors

Wed, 10 Nov 2010 00:00:00 +0100

There have been rumors with regards to a new GSM point test.Some major changes expected may include:Qualifications and work experience may be combined for points; GSM age limit may be increased to 50 years of age; English language tests may include 2 more test standards; The degree of relationship between sponsor and applicant now determining points awarded for sponsorship; Sponsors now must be Australian citizens of at least five years.Non-citizen sponsors must be resident at least the two years immediately prior to application; and Regional family sponsors now must be residents of a designated area for at least two years immediately prior to application. Stay tuned for more details.

Regulations on Transitional arrangement for GSM applications

Tue, 29 Jun 2010 10:21:49 +0100

Transitional arrangements are been mapped out for applications affecting the various GSM applications.Various schedules have been made available under the Migration Regulations Act(Specification under regulation 1.51I) to determine eligibility of different occupations and whether ASCO or ANZSCO codes apply.Schedule 1: This list applies to all General Skilled Migration (GSM) visa applications that were not finally determined (that is, are in the pipeline) as at 1 July 2010. As this is the pre-1 July 2010 SOL, the occupations listed refer to ASCO codes. Schedule 2: This list is for people who are subject to the transitional arrangements. As applications made after 1 July 2010 must be in terms of ANZSCO, this list has the ANZSCO occupations and their correlated ASCO occupations, the relevant skills assessing authority, and the occupation points.- The transition arrangements apply to applications to applications made on or before 31 December 2012 for a Subclass 885 (Skilled-Independent), 886 (Skilled – Sponsored), or Subclass 487 (Skilled – Regional Sponsored) visa by an applicant who held a Subclass 485 visa on 8 February 2010 or had applied for a Subclass 485 visa that was not finally determined on 8 February 2010. People to whom this transition arrangement applies may nominate an occupation on the pre 1 July 2010 SOL or the new SOL that commences from 1 July 2010. Schedule 3: The list applies to General Skilled Migration (GSM) applications lodged from 1 July 2010, except for those for whom the transitional arrangements (see Schedule 2 above) apply. Note that people who are eligible to use the transitional arrangements can, if they wish, choose to apply using the new SOL. Schedule 4: This is the list for applications for Subclasses 176, 475, 487 and 886 which are nominated by a State or Territory Government. The legislation can be downloaded here.Migration Regulations 1994 - Specification under regulation 1.51I, subregulation 2.26B(1), subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1129(6)(b)(iii), 1229(7)(b)(ii) and items 6A11, 6A12 and 6A13 - Skilled Occupations, Relevant Assessing Authorities, Countries and Points for General Skilled Migration Visas and Certain Other Visas (http://www.comlaw.gov.au/ComLaw/legislation/LegislativeInstrument1.nsf/all/whatsnew/189249B3D41F14E5CA2577260014B1CB?OpenDocument)Please consult your licenced migration agent to ascertain if the changes are applicable to your specific situation.