The Department of Immigration and Citizenship (DIAC) issued an announcement on 8 February 2010 that new arrangements would be introduced allowing Australian State and Territory governments to nominate overseas visa applicants through a ‘state sponsorship’ program. The Department of Immigration & Citizenship announced that each Australian State and Territory government was to develop a State Migration Plan which was to clearly identify occupations that are in demand in that particular state or territory and would therefore deem these to be eligible for nomination. Each State Migration Plan was to be approved by the Minister for Immigration and Citizenship.

From this announcement in February, it was understood that State Migration Plans were set to be a key factor in the Australian General Skilled Migration (GSM) program. Little information was given at the time regarding exactly what these State Migration Plans would be or how exactly how they would work, although it was indicated that each Australian state and territory’s State Migration Plan would be agreed to by the Minister and launched sometime in the second half of 2010 to coincide with the implementation of the new Skilled Occupation List.

As of the middle of July 2010, no information has been released detailing the awaited State Migration Plans, other than to confirm that all Australian states and territories are still in the process of developing and/or negotiating their individual State Migration Plans. Present indications are that the State Migration Plans (including eligible occupation lists and sponsorship requirements) will not be available before at least 1 August 2010, but for some Australian Sates and Territories this may take even longer.

Some Australian State and Territory Governments are continuing to accept sponsorship applications pending the release of their State Migration Plan, however, visa applicants are understandably uncertain as to the effect of sponsorship offered outside approved State Migration Plans.   

The Department of Immigration & Citizenship has previously stated that once the State Migration Plans are released and instituted, General Skilled Migration visa applications sponsored under by a State Migration Plan will be given high priority processing. So it is expected securing sponsorship under a State Migration Plan will be pivotal to the General Skilled Migration process and visa grant time frames.

Haag Walker Lawyers will continue to monitor this situation, and will update our content regarding the announcement and content of any Australian state and territory State Migration Plans as this information becomes available.

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