Skill Select
Table Of Contents
Subclass 489 (Skilled — Regional (Provisional)
Subclass 190 Skilled — Nominated Visa
Schedule 2 Criteria Subclass 189 Skilled — Independent
Subclass 189 Skilled Independent Visa
Permanent Residence Skilled Visa Application
Charges Follow From Presenting False Documents To Immigration
Getting Someone Else To Sit The IELTS
Visas Cancelled For Bogus Work References
Substantial Compliance And Living In A Regional Area
Tribunal Saves Applicant From Error
Minister for Immigration & Citizenship v Li and Another
Early MRT Cases Regarding Subclass 189 Visas Are Starting To Arrive
Introduction
Some Relief On Condition 8503 (No Further Stay)
Practice Point - Always Engineer A Situation Where One Applies For This Visa Onshore
Staleness Of A Skill Assessment Is Now Defined By Law
Website And PAM Do Not Bind Immigration
Must Be Present In Australia To Apply For A Subclass 485 Visa
Application Made
Some Recent Practice Decisions & Practice Points
Preamble
NSW Sponsorship Subclass 190 Visa
Various State & Territory Criteria
Priority Group 5
The End of Subclass 175, 176 and 475
Skill select 14 September 2016 round results.
he table below shows the number of invitations issued in the SkillSelect invitation round on 14 September 2016.
Invitations issued on 14 September 2016
Visa SubclassNumber
Skilled – Independent (subclass 189)1400
Skilled – Regional Provisional (subclass 489)150
During 2016-17 the following numbers of invitations have been issued:
Invitations issued during 2016-17
Visa subclassJulyAugSeptOctNovDecJanFebMarAprMayJuneTotal
Skilled – Independent (subclass 189)3050280028000000000008650
Skilled – Regional Provisional (subclass 489)200200250000000000650
Total32503000305000000000 9300
The above figures do not include invitations issued for State and Territory Government nominated visa subclasses. State and Territory Governments nominate throughout the month for specific points tested skilled migration and business innovation and investment visas. Separate results for these visa subclasses are provided monthly.
14 SEPTEMBER RESULTS
The following graph shows the points for clients who were invited to apply in the 14 September 2016 round.
Invitation process and cut offs
The highest ranked clients by points score are invited to apply for the relevant visa. For clients who have equal points scores, the time at which they reached their points score for that subclass (referred to as the visa date of effect) determines their order of invitation. Expressions of Interest with earlier dates of effect are invited before later dates.
Visa SubclassPoints scoreVisa date of effect
Skilled – Independent (subclass 189)6030 August 2016 10.58 pm
Skilled – Regional Provisional (subclass 489)6029 June 2016 11.58 pm
Due to high levels of demand, and in keeping with previous years, the below occupation groups will be subject to pro rata arrangements to ensure availability of invitations across the programme year. SkillSelect first allocates available places to Skilled – Independent visas (subclass 189) and then remaining to Skilled – Regional (Provisional) visas (subclass 489). If all places are taken up by subclass 189 visas then there will be no invitations issued for subclass 489 visas in these occupations.
- Accountants
- Auditors, Company Secretaries and Corporate Treasurers
- ICT Business and System Analysts
- Software and Applications Programmers
- Other Engineering Professionals
- Computer Network Professionals
Points scores and the visa dates of effect cut off for the below occupations in the 14 September 2016 invitation round.
Occupation IdentificationDescriptionPoints scoreVisa date of effect
2211Accountants705 August 2016 9.59 pm
2212Auditors, Company Secretaries and Corporate Treasurers7029 August 2016 3.10 pm
2611ICT Business and ystem Analysts654 May 2016 12.08 am
2613Software and Applications Programmers653 September 2016 11.29 pm
2339Other Engineering Professionals6525 August 2016 8.05 pm
2631Computer Network Professionals6530 August 2016 1.59 pm
Patchwork quilt
It is necessary to know about this patchwork quilt as there are still many of visas dating from early 2012 and before are still being processed and are working their way through the system. From 1 July 2012 to the present, the skilled visa regime has become a patchwork quilt, with many of the patches jarring. Obviously the nexus between studying in Australia and obtaining permanent residence via a skilled is over (except for some points granted for Australian study.
The patchwork quilt starts with thousands of visa applicants who had applied for offshore skilled visas before 1 September 2007 who now find themselves unlikely to ever get a visa. The government has offered to give them their application fees back and that is probably the best they can hope for. The only ones exempt from this are the old Subclass 495 – Skilled – Independent Regional (Provisional) applicants. It was possible to apply for this visa offshore and some of those applications are still being processed.
Otherwise the key dates are 8 February 2010. Anyone who had applied for or who held a subclass 485 Skilled Graduate visa is subject to the regime in existence as at that date and those persons had until 31 December 2012 to apply for a permanent residence skilled visa onshore being the subclasses 885 and 886 visas.
Further those who held eligible student visas (ie visas leading to an award of a trade qualification or degree or diploma) on 8 February 2010 were eligible to apply for the subclass 485 Skilled Graduate visa on the broad SOL up until 31 December 2012, but otherwise got no special privileges regarding permanent residence.
There would be some students who had not yet applied for the subclass 485 Skilled Graduate visa on 8 February 2012 who nonetheless would be eligible to apply for the 885 and 886 skilled visas and they have a special truncated Skilled Occupation List as their threshold criteria. However for them the access to the subclass 885 and 886 visas closed on 31 December 2012.