How can you convert your 457 Visa to enable you to live permanently in Australia?

Click here for your FREE 457 Visa to Permanent Residence Visa Assessment.

Updated Priority Processing Effective from 23 September 2009 Frequently Asked Questions

© immi.gov.au

The Minister for Immigration and Citizenship, Senator Chris Evans, has set new priority processing arrangements for certain Skilled Migration visas. These arrangements are designed to better address the needs of industry by targeting skills in critical need across a number of sectors. The current priority processing Direction commenced on 23 September 2009.

The Direction applies to applications in the pipeline that have not been finalised, and to applications lodged with the Department of Immigration and Citizenship, on or after 23 September 2009.

Frequently Asked Questions

Q1 What is priority processing?

Section 51 of the Migration Act 1958 gives the Minister for Immigration and Citizenship powers to consider and finalise visa applications in an order of priority that the Minister considers appropriate. Departmental officers must follow this Ministerial direction, which applies to both new applications and those applications awaiting a decision.

Q2 What are the changes to the Skilled Migration visa processing priorities?

The Minister has set priority processing arrangements which apply to the following visas from 23 September 2009:

Under the Ministerial Direction, the following processing priorities (with highest priority listed first) apply:

  1. applications from people who are employer sponsored under the ENS and the RSMS

  2. applications from people who are nominated by a State/Territory government and whose nominated occupation is listed on the Critical Skills List (CSL)

  3. applications from people who are sponsored by family and whose nominated occupation is listed on the CSL

  4. applications from people who are neither nominated nor sponsored but whose nominated occupation is listed on the CSL

  5. applications from people who are nominated by a State/Territory government whose nominated occupation is not listed on the CSL

  6. (i) applications from people whose occupations are listed on the Migration Occupations in Demand List (MODL) and
    (ii) applications from people who are sponsored by family and whose nominated occupation is not listed on the CSL.

  7. all other applications are to be processed in the order in which they are received.

For the Subclass 485 (Skilled - Graduate) visa the following processing priorities (with highest priority listed first) apply:

  1. applications from people who have completed an Australian Doctor of Philosophy (PHD) at an Australian educational institution in Australia

  2. applications from people who have nominated an occupation on the CSL

  3. applications from people who have completed an Australian Bachelor degree and Australian Masters degree at an Australian educational institution in Australia

  4. applications from people who have completed an Australian Bachelor degree and Australian Honours degree (at least upper second class level) at an Australian educational institution in Australia

  5. applications from people who have completed an Australian Bachelor degree or Australian Masters degree at an Australian educational institution in Australia

  6. all other valid applications are to be processed in the order in which they are received.

For Business Skills (Provisional) visas the following processing priorities (with highest priority listed first) apply:

  1. applications from people who are sponsored by the Commonwealth or a State/Territory government

  2. all other valid applications are to be processed in the order in which they are received.

Q3 Which GSM visas are affected by priority processing?

The following GSM visas are affected by priority processing:

Q4 Which GSM visa subclasses are exempt from priority processing?

The following visa subclasses are exempt from priority processing:

Applications for these visa subclasses will be processed in the order in which they are received.

Q5 Why have the processing priorities changed?
The priority processing Direction gives priority to people seeking to migrate to Australia who have skills or qualifications in one of the occupations on the current CSL. This directive responds to the needs of the Australian economy.

Q6 When did the changes to priority processing come into effect?
The changes take effect from 23 September 2009 and apply to applications lodged with the Department of Immigration and Citizenship (the Department) on or after this date. The changes also apply to applications that had been lodged previously with the Department and have not been finalised.

Q7 Is there any difference in the processing priorities between onshore and offshore visa Subclasses?
No, priority processing applies to onshore and offshore applications equally, however, processing times between the two can vary.

Q8 What occupations or industries are affected?
Occupations that are not included on the CSL will not be given priority processing unless applicants are formally sponsored by an employer under ENS or RSMS.

Q9 What will happen to those applications which are in the final stages of processing and where the Department has requested applicants to provide health and character clearances?
The new arrangements apply to all visa applications, including those in the final stages of processing. Applications in lower priority groups cannot be processed further until those in higher priority groups are finalised in accordance with the priority processing Direction.

Q10 How long will it take for my application to be finalised if my nominated occupation is on the CSL?
If you have applied for an onshore or offshore GSM visa and your nominated occupation is on the CSL, it is estimated that your application will be finalised within 12 months from your lodgement date.

Q11 My application does not fall into one of the priority categories. When can I expect to have my application finalised?
If your nominated occupation is not on the CSL and you have applied for an offshore GSM visa or intend to apply for an offshore GSM before the end of 2009, it is unlikely that your visa will be finalised before the end of 2012.

If your nominated occupation is not on the CSL and you applied for an onshore GSM visa or intend to apply for an onshore GSM before the end of 2009, it is unlikely that your visa will be finalised before the end of 2011.

Your 'nominated occupation' is the occupation you nominated at the time you lodged your application and cannot be changed.

Q12 If my nominated occupation is not on the CSL can I still receive priority processing?
No. If your nominated occupation is not on the CSL your application will not be prioritised.

Please do not contact the Department to request your application be exempt from the priority processing Direction. Case officers must adhere to the Minister for Immigration and Citizenship's priority processing Direction.

Q13 What are my options if my application is unlikely to be finalised by the end of 2011 and I have applied for an onshore visa?
The options available are:

Note: If you choose to withdraw your application you will not be entitled to a refund of your Visa Application Charge (VAC).

Q14 What are my options if my application is unlikely to be finalised by 2012 and I applied for an offshore visa?
The options available are:

Note: if you choose to withdraw your application you will not be entitled to a refund of your Visa Application Charge (VAC).

Should you be in Australia after having applied for an offshore GSM visa, you will not be eligible for a bridging visa to remain in Australia while this application is being processed. You must apply for another visa or you will need to depart Australia.

Q15 I need to travel overseas but my visa application has not been finalised yet. What should I do?
If you were granted a Bridging visa A when you applied for your GSM visa you should be able to lodge an application for a Bridging visa B to allow you to travel and return to Australia (within a specified period). A Bridging visa B is generally not issued for greater than three months.

There is no need to contact the Department upon your return to apply for another Bridging visa unless you have further need to travel outside Australia.

Q16 I have been granted a provisional GSM visa and my spouse now wishes to join me, will they be able to do so?
Yes. Applications for subsequent entrants for provisional GSM visas will be processed in date of lodgement order.

Q17 I already have a State and Territory nomination, how am I affected?
All GSM applications, other than a Subclass 476, 883 and 887 are subject to the priority processing arrangements under the Minister's Direction. Applicants who are nominated by a State or Territory and have nominated an occupation on the CSL receive the second highest priority. Applicants who are nominated by a State/Territory and have not nominated an occupation on the CSL will receive lower priority.

Q18 I am an Accountant with a score of International English Language Testing System (IELTS) 7 in all four components of the test, am I eligible for priority processing?
Accountants who have scored a minimum of 7 (Proficient English) in all four components of an IELTS test are eligible for priority processing under the CSL.

All Accountants, including those who hold a current British, American, Canadian, New Zealand or Republic of Ireland passport must present an IELTS test of at least 7 in each test component if they wish to receive priority processing.

Note: The results must be from an IELTS test you sat no more than two (2) years before the day you made your application.

You will only be eligible for priority processing under the CSL once you provide evidence of your 'proficient English' IELTS results to the Department.

Q19 I am a Computing Professional with a specialisation on the Migration Occupation in Demand List (MODL), how am I affected?
Only Computing Professionals who have a specialisation listed on the MODL are eligible for priority processing in the order outlined at Q2.

Q20 Why are medical and police clearances still required for applicants applying for an onshore GSM visa who do not have an occupation on the CSL or State or Territory government nomination?
Under the Migration Regulations, you must provide evidence that you have made arrangements to undergo a medical examination and applied for an Australian Federal Police check when you lodge an onshore GSM visa application.

Visa applicants are required to undergo medical examinations in order to protect the Australian community from high health risks, costs, and overuse of scarce health resources. Similarly, to ensure that all visa applicants are of good character, an Australian Federal Police check is required.

You should not initiate any further medical or police clearances to update any clearances that have expired until you are requested to do so by your case officer.

Q21 My application is currently with the Migration Review Tribunal (MRT). If my application is remitted to the Department will I be subject to the priority processing requirements?
No. Applications remitted by the MRT to the Department are exempt from the new priority processing Direction. This means your application will continue to be processed by the Department.

Q22 I have applied for a Subclass 485 visa and have completed an Australian Qualification Framework (AQF) III, IV or Diploma. How will I be affected by the priority processing Direction?
Applicants who have completed an AQFIII, IV, or Diploma do not receive priority processing. The priority processing Direction for Subclass 485 gives priority to applicants with post-graduate qualifications and those whose nominated occupation is on the CSL. This includes applications that have been partially assessed and those in the final stages of processing.

Q23 I do not wish to wait for my application to be processed. Can I withdraw my application and get a refund?
If you wish to withdraw your application, you may do so. All requests for withdrawals must be made in writing and signed by each applicant aged 18 years and over.

It is open to you to seek a refund, however legislation provides only limited circumstances in which refunds may be given. A Visa Application Charge (VAC) is usually only refunded when an application is deemed unnecessary or was made as a result of a mistake by either the applicant or the Department.

A refund will not be given in circumstances where an applicant considers a 'mistake' was made because they:

Q24 Am I entitled to compensation if my visa application is taking longer to process than expected due to the new priority processing direction?
Compensation is not available for delays in processing.

Comment on this post

Emee
March 27, 2010 23:51:20

I am a registered nurse here in Australia. My employer lodge my nomination to the DIMIA in Adelaide i wonder if how long will i get the approval of my nomination.

shannene
February 16, 2010 16:45:40

I have applied for a 176 visa from South africa, i have since found a employer to sponsor me, can I go on a 457 visa while i wait for my 176 visa to be processed or will i loose the 176 visa if i go on a 457 visa

Jacob
January 22, 2010 21:56:08

I have lodged a 175 visa application but now my employer is ready to go thru the ENS(121/856) visa. Can I convert the 175 application to the ENS?

457 Visa Assistance
January 05, 2010 09:58:47

To Kelly - for us to assist you further can you please provide which visa, your occupation, your location and date of lodgement as these all have an effect of DIAC average processing visa times for Australian Permanent Residency Visas

kelly pati
January 04, 2010 01:21:18

I am currently being sponsored by my employer for permanent resident and the company normination was approved by the department of immigration. Therefore I was asked to lodge in my application as soon as possible and I am still in doubt if my application will take such a long time for consideration. Please let me know what happens as soon as I lodge in the PR Application. Thank you.

The 457 Visa Assistance Team
November 19, 2009 14:34:04

To Mohit:- Skilled – Independent (Residence) visa (subclass 885) - This visa allows overseas students who have completed their course studies in the last 6 (six) months in Australia and holders of certain temporary visas to apply for permanent residency. This visa uses a points test to select visa applicants with characteristics needed in the Australian labour market. You do not require sponsorship to apply for this visa. Who is this visa for? This visa is for you if you are in Australia and you are one of the following: •an overseas student or former overseas student •a holder of a Skilled – Graduate (subclass 485) visa or Skilled – Recognised Graduate (subclass 476) visa •a holder of a Trade Skills Training (subclass 471) visa. This is a permanent residence visa. As a permanent resident you are permitted to remain in Australia indefinitely. This visa also allows you to travel to and enter Australia for five (5) years from the date the visa is granted. The expiry of this visa does not affect your permanent resident status if you are in Australia. However, if you wish to continue to travel to and from Australia as a permanent resident after the initial visa has expired, you must obtain a Resident Return Visa (RRV). Your eligibility for an RRV will depend on the period that you have resided in Australia. http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-priority-processing.pdf

mohit
November 19, 2009 14:05:32

Hi I finished my study in nov09. I am going to assess my skill in IT. I will get the result in feb2010. Then I will apply for PR. study 60 skill 15 ielts 15(overal 6.5) australian education 5 age 30 ( less than 29) As per my knowledge I am eligible for applying PR. Please advise. Is there any change in rule? Do I have correct information. Thanks

The 457 Visa Assistance Team
November 17, 2009 10:31:54

With a Skilled – Independent (Migrant) Visa (Subclass 175) you apply for it as per your Country of Nationality. If your Visa is approved, you must be outside of Australia.

The 457 Visa Assistance Team
November 17, 2009 10:24:25

Send an email to DIAC advising them that you wish to submit a Skilled – Sponsored (Migrant) Visa (Subclass 176) replacing the Skilled – Independent (Migrant) Visa (Subclass 175). These are some of the consitions for the 176 - You must be sponsored by an eligible relative living in Australia or obtain nomination from a participating State or Territory government agency. They should start their part of the visa application process as well.

shalinda
November 17, 2009 10:20:36

currrently I\'m on 457 work visa.I\'m planing to apply for permenent visa. Can I apply it as Onshore ?

Cesar
November 13, 2009 08:10:43

Hi, I applied for the 175 visa, I have an Employer Sponsor in Sydney, can I change my application in order to apply for the 176?

457 Visa Assistance
November 05, 2009 22:05:24

You mention a Skilled – Sponsored (Residence) visa (subclass 886) which means you must be sponsored by an eligible relative living in Australia or obtain nomination from a participating State or Territory government agency. If you wish to now change to ENS or RSMS Employer Sponsored PR Visa, simply complete the free online Australian Visa Assessment here http://www.457assistance.com/457-visa-permanent-residence-visa-eligibility-assessment.php and we will have an Australian Registered Migration Agent contact you.

jason
October 30, 2009 22:39:13

I applied for 886 onshore visa in may 2008 .i have a bridging visa A now.MY OCCUPATION is not on (csl )its on (modl).MY boss offered to sponser me now ,so can i change my visa to (mployer sponsered visa)so that get the first priorety . I have asked lot ot immigration agents and no one helped me. please let me know if i can change my visa application and if do i have to pay again .thanks alot

The 457 Visa Assistance Team
October 12, 2009 18:00:45

If you wish to apply for a Skilled – Sponsored (Migrant) Visa (Subclass 176) you will need to find a willing eligible Employer Sponsor in a regional area. Alternatively if you wish to apply for a Employer Nomination Scheme (Subclass 121/856) you will need to find a willing eligible Employer Sponsor in a non regional area.

john c. amando
October 12, 2009 12:57:49

I have lodged my application under subclass 176 family sponsorship but changes has been made and my occupation gen.plumber has been off from csl.is their other way to convert my application into RSMS?

Leave your comment here

* these are required fields

Name : *     

  This name will be published with your comment

Email address (must be valid) : *   
  Your email address will not be published

Comment : *



Please enter the code below :