FAQ’s New Skilled Migration Model (SMM)

Information in regard to the Skilled Migration Selection Model (SMM)

Background:

The Australian Government has proposed that there will be changes to the Skilled Migration Model from July 1^st 2012. This is called the “July 2012 SMM” in these FAQ’s These FAQ’s should assist students to determine their best strategies for migration and PR. Naturally, each person’s situation is different and students are encouraged to seek independent advice.

1. When does the proposed Skilled Migration Selection Model (SMM) commence?

DIAC has indicated that the Skilled Migration Selection Model (July 2012 SMM) model will commence on July 1st 2012. People wishing to migrate to Australia need to complete an Expression of Interest (EOI) with consideration of a published points system. DIAC will invite those people in “in demand” occupations with the highest points to apply for migration. The invites are expected from January 2013.

NB: The SMM scheme is not yet finalized and some minor changes may be expected

2. Who will be affected by the new system?

All people who apply for permanent residence (PR) after July 1^st 2012, unless you held or applied for your visa before February 8^th 2010 and are eligible for transitional arrangements.

3. Can I use the current system for applying for PR?

The current system changes on July 1^st 2011 (called the “July 2011 Points Model”) and you can apply for PR if you have met the current points system before then. You can use the system to be introduced on July 1^st 2011 up until June 30^th 2012

(“July 2011 Points Model”) to apply for PR and therefore do not need to use the new proposed Skilled Migration Selection Model. This will mean you can apply for PR and receive a bridging visa whilst waiting for your application to be processed if you apply before June 30^th 2012.

4. What can I do to remain under the new 2011 (July 2011 Points Model) system? How can the Professional Year assist me?

The Professional Year (PY) will provide 5 migration points for completion which will assist most applicants to reach the total of 65 points needed.

You will need to complete the Professional Year before June 30th 2012. And therefore as it is a 44 week program you must commence the Professional Year at ECA before Saturday August 14th 2011. However, as there can be a need to have time after completion of the PY to get all aspects of your visa together, ECA is offering all eligible students variable starting dates until the August 14^th 2011 cut-off students so you will be able to lodge your PR application prior to July 1st 2012 when the proposed SMM system is introduced.

ECA strongly encourage student to enroll now for the ECA professional year. Multiple commencement dates are offered.

5. How will the Professional Year assist under the proposed Skilled Migration Selection Model (July 2012 SMM) commencing July 1^st 2012?

A key feature of the proposed July 2012 SMM model is that applicants with more points get a greater chance to be selected. This means 65 points will be the minimum, and those who have more points will get priority in the invitation to migrate process.

The Professional Year will give 5 points toward your point’s total, and can add to your points score in the EOI application.

6. How does the July 2011 Points Model work?

Under the current and July 2011 Points Model system the process is:

Get all items that “earn” points to make a valid application ( for example: skills assessment, English level, PY; sufficient points, occupation on SOL);

• Submit application;
• Receive Bridging visa
• Remain in Australia whilst application is processed.

7. How does the proposed Skilled Migration Selection Model (July2012 SMM) work?

Under the proposed SMM, the process will be:

Get all items that “earn” points to make a valid application. These include skills assessment, English level, PY ,sufficient points, occupation on SOL);

• Submit an Expression of Interest (EOI) for a visa that can lead to permanent residence;
• No bridging visa is offered, and you remain on your current visa. This is likely to mean you may need to return to your home country if you current visa expires.
• Your EOI goes into a pool with all other applicants; at regular intervals, DIAC invites people from the pool to apply for permanent residence. The people selected are those whose occupations are in demand, and rank highest in the points pool (that is have the most points) Those selected have 2 months to submit a valid application, at which time a bridging visa is issued.

8. Very important things to know about the ‘Expression of Interest’ (EOI) Skilled Migration Selection Model (July 2012 SMM) for proposed SMM.

If you have submitted an EOI, you do not get a bridging visa. Therefore, if your visa   expires and you cannot apply for another visa, you will need to leave Australia. Your EOI remains valid and you can be invited to migrate whilst offshore;

An EOI is valid for 2 years. Therefore you could be invited to apply for a visa up to 2 years after you have submitted your EOI. You can:

a)    Submit a new EOI at the time;

b)    Add to the point score by way of new skills, work experience or attributes.

c)    If you are invited to apply for a visa, your application must match the information on your EOI submission.

d)    The EOI will be ranked for invitation based on the number of points you have accumulated in your application. The more points the higher your ranking.

e)    As the EOI is not a visa application, there is no appeal process if you are not invited to apply

f)     There will be a fee to lodge an EOI, but is not determined yet.

1. 9. Things to know about the Visa Invitation process for Skilled Migration Selection Model (July 2012 SMM)

DIAC has yet to finalise the conditions associated with The EOI process and will be releasing information as the Skilled Migration Selection Model (July2012 SMM) is legislated.

However, ECA has met with DIAC along with the Joint Accounting Bodies and the Australian Computer Society and it is clear that from July 2012 the Expression of Interest and Invitation to Migrate process for the Skilled Migration Selection Model (July2012 SMM) will mean that students on study visas will need to make application from outside of Australia as their visa will have expired.

We recommend that if you wish to use the system in place before the EOI is introduced, that you plan to apply for PR before June 30th 2012. To do so, you need to enroll in the Professional Year as soon as you can and no later than August 14th 2011 if you require the 5 points offered for the Professional Year.