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From 18 November 2016, Australian citizen and permanent resident Sponsors of Partner Visa and Prospective Marriage Visa applications (“a partner visa”), are subject to character testing. In line with current Australian Government strategies to reduce family violence in the Australian community, the new provisions have been introduced to prevent Australians who have committed a relevant offence from being able to sponsor someone for a partner visa.
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State Migration Plan for South Australia

The contents of this article are correct as at 8 January 2011.

On 5 January 2011, a South Australian State Migration Plan (SMP) was announced.

State Migration Plans

SMPs are agreements between individual States and Territories with the Immigration Minister which allow states and territories to nominate General Skilled Migration (GSM) applicants under occupations required to fill skill shortages within their local labour markets.

SMPs specify the occupations into which State and Territory governments can nominate visa applicants and also indicate the number of “nominated” visas that will be granted in any financial year. This is to allow each State and Territory to address their different skill needs and address local skill shortages. States and Territories can nominate applicants for occupations that are not found on Schedule 3 of the current Skilled Occupation List (SOL).

State or Territory nomination is relevant to those applying for Skilled - Sponsored (176 and 886) and Skilled - Regional Sponsored (475 and 487) visas.

South Australia’s SMP

South Australia’s State Sponsored Migration List (SSML) for 2010/11 is available on the South Australia Migration website.  The SSML lists the occupations that Immigration SA will consider for nomination under the SMP. It also specifies “special requirements” for particular skilled occupations which may include higher English language skills or additional work experience for particular occupations.

General Eligibility

People eligible for nomination under the South Australian SMP are those who:

  • Intend to apply for either a Skilled-Sponsored (Subclasses 176 and 886) visas or  Skilled-Regional Sponsored (Subclasses 475 and 487) visas;
  • Nominate an occupation on the SSML;
  • Satisfy all other criteria (under 45 years old, skills assessment, work experience, English, sufficient funds).

The 2010-2011 South Australia SMP has an overall cap of 4890 total visa grants which includes both primary and secondary visa-holders.

In addition, each of the listed skilled occupations has a planning level. Once that level has been reached, the particular skilled occupation will be displayed as “Not Available” on the SSML.

Off-List Eligibility

It may still be possible to obtain nomination in an occupation that is “Not Available”, however additional criteria must be met (“Off-list sponsorship criteria”).

Specifically, this is limited to applicants who are:

  • Onshore (visa subclass 886) applicants;
  • Recent international students who have studied at a South Australian institution and where this study meets DIAC’s two year study requirement;
  • The nominated occupation is “Not Available” on the SSML, however it appears on the State and Territory Skilled Occupation List (StatSOL);
  • The applicant meets one of the following:

o   Meets the general work experience requirement and this has been primarily achieved in South Australia; and has a legitimate job offer of at least 6 months in South Australia in a skilled occupation and has commenced working in the position; or

o   Has completed a PhD or Masters by Research program with a South Australian institution and continues to reside in South Australia.

 If you have any questions concerning South Australian or other State Migration Plans, please click this link to contact Visa Lawyers Australia.