The 2022- 2023 Migration Program planning levels have been a welcome change with an increase in places available for skilled visas as opposed to the previous migration year. While this is a positive response to the increases, many applicants have expired skills assessment when they received their invitation. This led to numerous issues with the invitation and affected an individual’s eligibility to apply for a subsequent visa application.
Delegate of the Minister will now accept a suitable skills assessment for an applicant’s nominated skilled occupation which has been obtained within the 60 day invitation period. This change of approach is made as a result of the decision of Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 (Thapa). In the case of Thapa, the Federal Circuit Court preferred the interpretation of ‘at the time of invitation’ to include the entire invitation period which is the 60-day period from the date of invitation.
Skills assessment validity periods are calculated as follows:
If no validity period is shown on a skills assessment, the assessment is valid for 3 years from date of issue,
If the validity period shown on a skills assessment is less than 3 years, the assessment is valid for the period stated on the assessment,
If the validity period shown on a skills assessment is more than 3 years, the assessment is valid for three years from date of assessment.
Regardless of this decision, applicants are strongly advised to ensure their Expression of Interest (EOI) applications and documents remain up to date in anticipation of upcoming invitation rounds.
If you would like further information, please do not hesitate to contact me on ross@crystalmigration.net