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From 1 July 2011, processing priorities (with highest priority listed first) are: see new priority group 5!!! further below.
Important - GSM processing priorities have changed in line with Ministerial Direction No. 50 under section 499 of the Migration Act 1958:
These arrangements will give effect to the minister's announcement on 10 May 2011 that regional visas will be given the highest processing priority.
Note: the pre-1 July 2011 Processing Priority Groups 2, 3 and 4 have become Processing Priority Groups 3, 4 and 5 because the former Processing Group 1 has become Priority Groups 1 and 2.
Priority group 1
Applications from people who are employer sponsored under the RSMS program or who have applied for a Skilled – Regional (subclass 887) visa
Priority groups 2
Applications from people who are applying under the ENS program
Priority groups 3
Applications from people who are nominated by a state or territory government agency for an occupation specified on that agency's state migration plan
Priority groups 4
Applications from people who have nominated an occupation on the Skilled Occupation List (SOL) – Schedule 1 in effect from 1 July 2011
See: Annual Update of Skilled Occupation List (111KB PDF file) -
Legislative Instrument IMMI 11/035
DIAC has confirmed that Subclasses 176, 475 and 487 should also appear in Priority 4.
Priority groups 5
All other applications. - SEE= Australian Visa Applications processing update 13/07/2011
Taking into consideration current application rates and the overall number of GSM places available the department expects to commence processing of some priority group 5 applications in this program year.
Once commenced, processing of priority group 5 applications will take place in date of lodgment order, after all applications of a higher priority have been allocated for assessment.
As required by the Direction, priority will continue to be given to GSM applications in higher priority groups which will affect the overall number of priority group 5 applications assessed. It is therefore anticipated that many priority group 5 applicants will still have a long wait for visa processing. See further below.
NOTE:
1.The department does not anticipate that the creation of an additional priority group, as per this Direction, will impact negatively on the processing of applications which were previously in priority group 4 and are now in priority group 5.
2.Priority processing arrangements apply to current applications, including those in the final stages of processing. Departmental case officers must follow the direction made by the minister about priority processing. Case officers are not able to respond to requests to process individual applications outside of the order set out in these processing priority arrangements. Refunds of costs incurred during processing are not available for delays in processing.
DIAC advise - moving from Priority 4 to Priority 3 or 2
Applicants with a nominated occupation that is not on the SOL—Schedule 1 in effect at 1 July 2011 can only move into a higher priority group by lodging a new application with an employer sponsorship or a state or territory government nomination in an occupation specified under a state migration plan. Alternatively, applicants can only nominate a different occupation that is on the SOL—Schedule 1 by lodging a new application. It is not possible to change a nominated occupation or to change to an employer sponsored or state nominated visa category, unless a new application is lodged. A new application would require the payment of a new Visa Application Charge.
Note: Opinion of Dinesh Weerakkody (Barrister & Solicitor) – ridiculous system
Options available to applicants in priority group 5
The options available if you were outside Australia when you made your application are to:
- continue to await a decision on your visa application
- consider your eligibility for an employer sponsored visa, which would require a new visa application;
- consider your eligibility for nomination by a state or territory government under a state migration plan, which would require a new visa application (unless the relevant application was lodged before 1/7/10)
- withdraw your application.
The options available if you were in Australia when you made your application are to:
- continue to live and work in Australia (if your visa permits) while awaiting a decision on your visa application
- consider your eligibility for an employer sponsored visa, which would require a new visa application
- consider your eligibility for nomination by a state and territory government under a state migration plan, which would require a new visa application (unless the relevant application was made before 1/7/10)
- apply for another substantive visa
- withdraw your application and depart Australia unless you hold another visa permitting you to remain
See Fact Sheet 24a - Priority Processing for Skilled Migration Visas for further information.
Popular
Processing times – skilled migration applications affected by processing priorities
The below table describes the processing times for the following visa subclasses.
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Priority
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Visa Subclass
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Processing Time
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1
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RSMS
(subclass 119, 857)
Skilled Regional
(subclass 887)
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5 – 8 months
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2
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ENS
(subclass 121, 856)
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5 – 8 months
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3
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State Migration Plans
(subclass 176, 475, 487, 886)
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12 – 24 months
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4
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Nominated Occupation on the SOL – Schedule 1
(subclass 175, 495, 496, 861, 862, 863, 880, 881, 882, 883, 885, 886)
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18 months
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5
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All other visas
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Assessment will commence when all cases in priority groups 1-4 are finalised.
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Processing times – skilled migration applications exempt from processing priorities
The following visa subclasses are exempt from priority processing. These subclasses are processed in the order in which they are received.
GSM visas affected
The following GSM visas are affected by priority processing:
- Skilled – Independent subclass 175
- Skilled – Sponsored subclass 176
- Skilled – Regional Sponsored subclass 475
- Skilled – Regional Sponsored subclass 487
- Skilled – Independent Regional subclass 495
- Skilled – Designated Area-sponsored (Provisional) subclass 496
- Graduate – Skilled subclass 497
- Skilled – Onshore Independent New Zealand Citizen subclass 861
- Skilled – Onshore Australian-sponsored New Zealand Citizen subclass 862
- Skilled – Onshore Designated Area-sponsored New Zealand Citizen subclass 863
- Skilled – Independent Overseas Student subclass 880
- Skilled – Australian-sponsored subclass 881
- Skilled – Designated Area-sponsored Overseas Student subclass 882
- Skilled – Independent subclass 885
- Skilled – Sponsored subclass 886
- Skilled – Regional subclass 887
GSM visas exempt
The following visa subclasses are exempt from priority processing and will be processed in the order in which they are received:
- Skilled – Recognised Graduate subclass 476
- Skilled – Graduate subclass 485
- Skilled – Designated Area – Sponsored (Residence) subclass 883
The following situations are also exempt from priority processing and will be processed in the order in which they are received:
- applications that are remitted to the department by the Migration Review Tribunal (MRT)
- applications where it is readily apparent that the criteria for grant of a visa would not be satisfied
- applications from subsequent entrants.
- Applications by visa applicants claiming to be a member of the family unit of a person who holds a visa granted on the basis of satisfying the primary criteria in Schedule 2 to the Regulations and who did not make a combined application with that person;
Visa applications for a Skilled – Regional Sponsored Subclass 487 visa where the applicant holds a Skilled – Independent Regional (Provisional) Subclass 495 visa, Skilled – Designated Area-sponsored (Provisional) Subclass 496 visa, Skilled – Regional Sponsored Subclass 487 visa or Skilled – Regional Sponsored Subclass 475 visa at the time they apply.
RSMS, ENS and state migration plans—priority groups 1, 2 and 3
Applications from people who are applying under the RSMS are processed as priority group 1. Those applying under the ENS are processed as priority group 2.
Applications from people who are nominated by a state or territory government agency with a nominated occupation that is specified on the state or territory's state migration plan receive the third highest level of priority processing. State migration plans are developed by state or territory governments in consultation with the department. They include occupations that are in demand in each individual state and territory.
As a transitional arrangement, applicants who were nominated by a state or territory government for an 'off-list' occupation prior to the implementation of state migration plans will also receive processing under priority group 3.
Occupations on the SOL—Schedule 1 in effect at 1 July 2011—priority group 4
All applicants with a nominated occupation on the SOL—Schedule 1 are included in priority group 4. This includes both independent applicants and applicants sponsored by an Australian family member.
All other applications—priority group 5
Applicants with a nominated occupation that is not on the SOL—Schedule 1 in effect at 1 July 2011 and who are not employer sponsored or nominated by a state or territory government under a state migration plan, will be processed under priority group 5.
Applicants with a nominated occupation that is not on the SOL—Schedule 1 in effect at 1 July 2011 can only move into a higher priority group by lodging a new application with an employer sponsorship or a state or territory government nomination in an occupation specified under a state migration plan. Alternatively, applicants can only nominate a different occupation that is on the SOL—Schedule 1 by lodging a new application. It is not possible to change a nominated occupation or to change to an employer sponsored or state nominated visa category, unless a new application is lodged. A new application would require the payment of a new Visa Application Charge.
Applicants should not contact the department to request that their application be exempt from the priority processing direction. Case officers do not have discretion to exempt applications.
Options available to applicants in priority group 5
Applicants with nominated occupations in priority group 5 should note that these changes are designed to facilitate priority processing of group 1. Group 5 will however still have a long wait for visa processing. The options available are as follows.
For applicants who were outside Australia when they made their application:
- continue to await a decision on their visa application
- consider eligibility for an employer sponsored visa, which would require a new visa application
- consider eligibility for nomination by a state or territory government under a state migration plan, which would require a new visa application
- withdraw their application.
For applicants who were in Australia when they made their application:
- continue to live and work in Australia (if their visa permits) while awaiting a decision on their visa application
- consider eligibility for an employer sponsored visa, which would require a new visa application
- consider eligibility for nomination by a state and territory government under a state migration plan, which would require a new visa application
- apply for another substantive visa
- withdraw their application and depart Australia.
Note: Applicants are not entitled to a refund of their Visa Application Charge or compensation for other costs incurred in making an application.
Applicants who are in Australia and need to travel overseas while waiting for their application to be processed should approach their local office of the Department of Immigration and Citizenship to discuss an application for a Bridging visa B. Bridging visa B is generally not issued for greater than three months. Applicants should not contact the visa processing centre where they lodged their application to request a Bridging visa B.
Bridging visa C holders who want to apply for work rights should contact the visa processing centre where they lodged their application.
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