Professionals and Other Skilled Migrants

Processing of Priority Group 5 General Skilled Migration Applications

Most General Skilled Migration (GSM) visa applications are subject to a Ministerial Direction which determines the priority in which they are considered. 
An application is allocated to a case officer for processing based on its priority according to the Direction. 

Each week the two GSM processing centres (Adelaide and Brisbane) allocate applications in line with the Direction until there are sufficient applications allocated in each of the visa categories to meet the planning levels set by government in the 2012-13 Migration Program.
See: Migration Program Statistics

Processing arrangements for Priority Group 5

Priority Group 5 applications are allocated when all available applications in higher priority groups are allocated.

Subclasses 487, 885 and 886

Allocation of Priority Group 5 applications commenced in November 2011. Skilled Independent cases will continue to be allocated ahead of Family Sponsored Skilled Migration cases and cases where a state or territory approved nomination has either not been provided or has not been accepted by the department.

Subclasses 175, 176, 475 and 496

Allocation of Priority Group 5 applications with an approved state or territory nomination commenced in April 2012. This was due to there being a lower than anticipated number of applications lodged in 2011-12 under a State Migration Plan (Priority Group 3).

Allocation of Priority Group 5 applications for these subclasses has not yet commenced for Skilled Independent, Family Sponsored Skilled Migration and cases where a state or territory approved nomination has either not been provided or has not been accepted by the department.

Allocation of Priority Group 5 cases

The allocation of Priority Group 5 applications is expected to continue in general date of lodgement order throughout the 2012-13 Migration Program year in line with available Migration Program places in the specific GSM visa categories.

Due to the number of places available for Family Sponsored Skilled Migration applicants this program year (currently 4200), GSM will limit the allocation of cases in this visa category.

Family Sponsored Skilled Migration applicants in Priority Group 5, whose applications are yet to be allocated to a case officer, will be affected. This also includes Priority Group 5 cases where a state or territory approved nomination has either not been provided or has not been accepted by the department, as these applications are classified within the Family Sponsored Skilled Migration group until a nomination is received from a state or territory government agency and approved by the department.

The overall number of Priority Group 5 applications processed in any program year will ultimately depend on the number of higher priority applications received, and other factors, including the size of the Migration Program and its composition, and any variation of the Processing Direction.

Many Priority Group 5 applicants still face a considerable wait until their application is allocated to a case officer for processing and may want to consider other options available.

Applicants can follow the progress of allocating GSM visa applications through the website.
See: Allocation Dates for General Skilled Migration Applications

Australia SkillSelect

SkillSelect is an online service that enables skilled workers interested in migrating to Australia to record their details to be considered for a skilled visa through an Expression of Interest (EOI). Intending migrants can be found and nominated for skilled visas by Australian employers or state and territory governments, or they could be invited by the Australian Government to lodge a visa application.

The benefits of SkillSelect

SkillSelect is a major change to how Australia manages its skilled migration program.

SkillSelect helps to ensure the skilled migration program is based on the economic needs of Australia.  It will support the Australian Government in managing who can apply for skilled migration, when they can apply and in what numbers. As a result, the Department of Immigration and Citizenship expects to significantly reduce the time taken to process a visa application.

SkillSelect will also help address regional skill shortages. SkillSelect allows intending migrants to indicate if they are willing to live and work in regional Australia. This will be of particular benefit to employers experiencing regional skill shortages and state and territory governments attempting to settle migrants in regional Australia.

How SkillSelect works

SkillSelect is an online service that enables skilled workers and business people interested in migrating to Australia to record their details to be considered for a skilled visa through an Expression of Interest (EOI).

Intending migrants can then be found and nominated for skilled visas by Australian employers or state and territory governments, or they may be invited by the Australian Government to lodge a visa application.

From 1 July 2012, all intending migrants interested in the points based skilled migration or business investment and innovation visa programs will be required to submit an EOI and receive an invitation in order to lodge a visa application.

Inter-Action: Multiculturalism Grants and Contributions Funding

Inter-Action, Canada’s Multiculturalism Grants and Contribution Program, is administered by Citizenship and Immigration Canada (CIC).

The Program supports CIC’s mandate and the Canadian Multiculturalism Act by assisting the socio-economic integration of individuals and communities and their contributions to building an integrated and socially cohesive society.

There are two Inter-Action funding streams: Projects and Events.

Inter-Action Events

The Inter-Action Events stream provides funding to community based events that foster one or more of the following:

• Intercultural/interfaith understanding
• Civic memory and pride
• Respect for core democratic values

The primary intention is to create concrete opportunities for interaction among cultural and faith communities. Events should be intended for and open to all Canadians.

Grants and Contributions Funding

Settlement and Resettlement

In early August 2012, CIC will be issuing a Call for Proposals (CFP) for projects that are local, regional, national and international in scope. The CFP will determine which projects will be funded for 2013 and beyond under the following Grants and Contributions Programs:

• Settlement
• Resettlement

Note: This CFP does not apply to the Inter-Action Program (Multiculturalism) Projects stream.
Over the course of the coming weeks, this page will be updated with CFP details, including exact launch and closing dates, program overviews, as well as program priorities.

Multiculturalism

The Inter-Action Events stream provides funding to community based events that foster one or more of the following:

• Intercultural/interfaith understanding
• Civic memory and pride
• Respect for core democratic values

Applications are accepted year-round for the Inter-Action Events stream.

Backgrounder — Designated Countries of Origin

Too many tax dollars are spent on asylum claimants who are not in need of protection. Canada is currently receiving a disproportionately high number of refugee claimants who come from countries that historically have very low acceptance rates at the independent Immigration and Refugee Board of Canada (IRB). These are often countries such as those in Europe with solid democratic and human rights.

Under the Balanced Refugee Reform Act (BRRA), which received Royal assent in June 2010, the government has the authority to identify designated countries of origin (DCO).DCOs are countries that do not normally produce refugees, but do respect human rights and offer state protection. The ability to designate such countries and accelerate the processing of refugee claimants from those countries provides the government with a tool to respond to spikes in claims from countries that do not normally produce refugees.

The Protecting Canada’s Immigration System Act provides more flexibility in determining which countries to designate.

The aim of the DCO policy is to deter abuse of the refugee system by people who come from countries generally considered safe. Refugee claimants from DCOs will have their claims processed faster. This will ensure that people in need get protection fast, while those with unfounded claims are sent home quickly through expedited processing.

Every eligible refugee claimant will continue to receive a hearing at the IRB. However, failed DCO claimants will not have access to the Refugee Appeal Division.

Many countries use a similar authority in what is commonly known as a “safe country of origin” policy to accelerate asylum procedures for the nationals of certain countries. These states include the United Kingdom, Ireland, France, Germany, the Netherlands, Norway, Switzerland, Belgium and Finland, among others. Some European Union (EU) states also have accelerated procedures for the nationals of other EU member states.

Designation Criteria

There will be a two-step process for a country to be considered for designation.Designation is not automatic.

First, a country will have to meet one of two quantitative thresholds or limits set out in a ministerial order. The proposed triggers for a review are based on rejection rates, withdrawal and abandonment rates. A rejection rate (which includes abandoned and withdrawn claims) of 75% or higher may trigger a review. Similarly, an abandonment and withdrawal rate of 60% or higher may trigger a review.

For claimants from countries with a low number of claims, a qualitative checklist will be used and includes:

• the existence of an independent judicial system;
• recognition of basic democratic rights and freedoms, including mechanisms for redress if those rights or freedoms are infringed; and
• the existence of civil society organizations.

Although there may be few refugee claimants from these countries, it may still be appropriate to designate these countries under the principle that they are generally not considered to be refugee-producing countries.

Once a country is triggered for a review, CIC may conduct a review in consultation with other government departments. The Minister of Citizenship, Immigration and Multiculturalism will make the final decision on whether to designate a country.

Further Expediting Decisions and Deterring Abuse

To further accelerate the processing of refugee claimants from a designated country, these claims will be heard on an expedited basis by the IRB. DCO claims will be heard by public servant decision makers at the IRB no later than 30 days after referral to the IRBfor claims made at inland immigration offices and no later than 45 days after referral for claims made at ports of entry. By comparison, hearings for claimants from all other countries will occur no later than 60 days after referral.

All failed claimants continue to have the option of asking the Federal Court to review a negative decision. However, there will be no automatic stay of removal for DCO claimants should they decide to ask the Federal Court to review a negative decision, which means that they could be removed from Canada while their application for review before the Federal Court is pending.

Work Permits

Large numbers of unfounded refugee claims are a financial burden on the economy. But the attraction of Canada’s social assistance programs and other benefits is a draw for many.
To further reduce the attraction of coming to Canada to make an unfounded claim, DCOclaimants will be ineligible to apply for a work permit until their claim is approved by theIRB or their claim has been in the system for more than 180 days and no decision has been made.

Restricting access to work permits will deny DCO claimants access to Canada’s labour market as well as the benefits associated with employment in Canada (such as the GSTcredit, the Working Income Tax Benefit and Employment Insurance – none of which can be accessed by claimants who do not have a work permit).

UAE Legal Visa's for 3 Years Program

News Release — Legislation to Protect Canada's Immigration System Receives Royal Assent

Ottawa, June 29, 2012 — Citizenship, Immigration and Multiculturalism Minister Jason Kenney today welcomed the final passage and Royal Assent of legislation that will protect and improve Canada’s immigration system.

“This legislation will help stop foreign criminals, human smugglers and those with unfounded refugee claims from abusing Canada’s generous immigration system and receiving taxpayer funded health and social benefits,” said Minister Kenney. “Canada’s immigration and refugee system is one of the most fair and generous in the world and will continue to be so under the new and improved system.”

The Protecting Canada’s Immigration System Act brings further reforms to the asylum system. These changes will provide faster protection to those who genuinely need it by reducing the time it takes to review and decide a refugee claim. There will be faster removal of those who don’t require protection and limited access to appeal mechanisms for failed refugee claimants who come from generally non-refugee producing countries.

With the Balanced Refugee Reform Act and today’s legislation, the provinces and territories are expected to save in the range of $1.65 billion over five years in social assistance and education costs.

The new measures also address the heinous crime of human smuggling by making it easier to prosecute human smugglers and impose stiffer penalties.

“Human smuggling is one of the most dangerous forms of migration,” said Minister Kenney.“Every year people die in human smuggling operations around the world. These new measures send a clear message to human smugglers that Canada’s generosity will not be abused, that we will enforce our immigration laws against human smugglers.”

Under the new measures, the Minister of Public Safety will be able to designate the arrival of a group of persons into Canada as an irregular arrival, and make those involved subject to the Act’s measures such as detention for individuals aged 16 and older.

These individuals may be released from detention by the Immigration and Refugee Board of Canada when it conducts detention reviews within 14 days and every six months thereafter, or following acceptance of their refugee claim. Individuals may also be released from detention by the Minister if he/she is satisfied that the reasons for detention no longer exist or that there are exceptional circumstances that warrant release.

The changes also prevent people who come to Canada as part of a designated irregular arrival from applying for permanent resident status for a period of five years. This means that they would be unable to sponsor family members during that time.  

The new measures also require biometric data to be included as part of a temporary resident visa application, work permit, and study permit. Travellers, students and workers from certain visa-required countries and territories will be required to provide their fingerprints and have their photo taken before they arrive in Canada.

“With these changes, the integrity of Canada’s immigration programs and the safety and security of Canadians will be protected,” said Minister Kenney.

Some of these new measures come into effect immediately, while others will come into effect later this year at a date that will be determined by the government. The new biometric measures will come into effect in 2013.

See the Summary of Changes backgrounder for more information on timing.

For more information on this legislation, visit the CIC website.

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This news release is available in Tamil.