On 8th February 2010 the Minister for Immigration and Citizenship initiated new priority processing arrangements for certain skilled migrant visas.  Priority processing refers to the order in which visa application categories are considered and decided upon.

Section 51 of the Migration Act 1958 gives the Minister the power to consider and finalise visa applications in an order of priority that the minister considers appropriate.

Priority processing arrangements are designed so that the Australian economy and labour market is able to secure the skills it needs now, rather than those of visa applicants who applied first. It is one of the measures used to ensure that Australia’s Skilled Migration Program reflects and is responsive to the current economic climate and skill needs of Australia.

The new Ministerial direction on priority processing applies to visa applications currently awaiting a decision and to visa applications lodged on or after 8th February 2010.  Priority processing applies equally to onshore and offshore applications but note that processing times between the two can vary significantly.

Visa classes affected by changes to Priority Processing:

The new priority processing arrangements do apply to and affect the following visas from 8th February 2010:

Employer Nomination Scheme (ENS)
Regional Sponsored Migration Scheme (RSMS)
Certain General Skilled Migration (GSM) visas listed below;

Skill Matching (subclass 134)
Skilled - Independent (subclass 136)
Skilled - State/Territory-nominated Independent (subclass 137)
Skilled - Australian-sponsored (subclass 138)
Skilled - Designated Area-sponsored (subclass 139)
Skilled - Independent (subclass 175)
Skilled - Independent (subclass 176)
Skilled - Regional Sponsored (subclass 475)
Skilled - Regional Sponsored (subclass 487)
Skilled - Independent Regional (subclass 495)
Skilled - Designated Area-sponsored (Provisional) (subclass 496)
Skilled - Graduate (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).

Visa classes exempt from Priority Processing:

The following visa subclasses are exempt from priority processing:

Skilled - Recognised Graduate (subclass 476)
Skilled - Graduate (subclass 485)
Skilled - Designated Area-Sponsored (Residence) (subclass 883)
Skilled - Regional (subclass 887).

These visa subclass applications will be processed in the order in which they are received.

Applications for subsequent entrants for provisional GSM visas (ie - visas entitling overseas family members to join an existing provisional GSM visa holder in Australia) are also exempt from the new priority processing arrangements. These provisional GSM visas include:

Skilled - Regional Sponsored (subclass 475)
Skilled - Regional Sponsored (subclass 487)
Skilled - Designated Area-sponsored (Provisional) (subclass 496)
Skilled - Independent Regional (subclass 495).

Visa applications which are currently with the Migration Review Tribunal (MRT) and are consequently remitted to the Department of Immigration will be exempt from the new priority processing arrangements and will continue to be processed by the Department.

The new Priority Processing order for visa applications:

With the highest priority listed first, the following processing priorities now apply to affected visa classes under the new Ministerial direction introduced 8th February 2010:

1. Applications from persons who are sponsored by an Australian employer under the ENS and the RSMS.
2. Applications from persons nominated by an Australian state or territory government agency under a state migration plan* agreed to by the Minister.
3. Applications from persons nominated by an Australian state or territory government agency and whose nominated occupation is on the Critical Skills List (CSL).
4. Applications from persons whose nominated occupation is included on the CSL but who are not nominated or sponsored by an Australian employer or state or territory government agency.
5. Applications from persons nominated by an Australian state or territory government agency but whose nominated occupation is not listed on the CSL.
6. Applications from persons whose occupations are listed on the Migration Occupations in Demand List (MODL).
7. Applications from persons who are sponsored by family and whose nominated occupation is not listed on the CSL.
8. All other applications will be processed in the order in which they are received.

Note: ‘State migration plans’ are developed by each Australian state and territory government to include occupations in demand in each individual state and territory. Each state migration plan must be approved by the Minister.

These new arrangements now apply to all relevant visa applications, including those in the final stages of processing. Applications in lower priority groups will not be processed any further until those in higher priority groups are finalised in accordance with the new priority processing directions. All case officers must adhere to these new arrangements.
Expected finalisation times for visa applications:

Offshore GSMs: Visa applicants not nominated by a state or territory government in accordance with an approved state migration plan, or whose nominated occupation is not on the CSL and who have applied for an offshore GSM visa or intend to apply for an offshore GSM visa, can expect to wait around three years from the date of their application for it to be finalised.

Onshore GSMs: Visa applicants not nominated by a state or territory government in accordance with an approved state migration plan, or whose nominated occupation is not on the CSL and who have applied for an onshore GSM visa or intend to apply for an onshore GSM visa, can expect to wait around two years from the date of their application for it to be finalised.

Note that ‘nominated occupation’ refers to the occupation nominated at the time the application was lodged. This cannot be changed once the application is lodged.

If you do not want to wait for your visa application to be processed, you may withdraw your application. Requests for withdrawals need to be made in writing and signed by all applicants aged 18 and over.

You are entitled to seek a refund of your Visa Application Charge (VAC) but there are only limited circumstances in which refunds are granted. Usually, the VAC is only refunded in cases where an application has been deemed unnecessary or when an application was made as the result of a mistake of the applicant or the Department.

Refunds will not be granted where an applicant claims a ‘mistake’ has been made because they have changed their mind, did not satisfy the requirements of their visa application, or do not want to proceed with the application due to longer then expected processing times.