Just as the April 2017 changes to the UC 457 programme have affected many non-citizens both in the existing and prospective applicant cohort, further changes were introduced on 1 July 2017 which change the landscape again.
What to do if you find that your nominated occupation has been removed from the list.
The short answer in this respect is not to panic or for that matter, accede immediately to any advice the DIBP might give you (or is issuing more generally) on withdrawing any applications. You need to get immediate advice on the position before you decide on what to do. The reality from the way we see things is that notwithstanding the lawfulness of the changes, there is still potentially several angles in which you can approach a circumstance where you are affected by a 1 July 2017 (or even a 19 April 2017) occupations change.
What changes mean for immigration lawyers
Speaking to the changes in more a general sense, whilst the question of someone being affected by an occupation being removed can potentially be rectified, of more macro concern to us is the fact as to the uncertainty this creates in respect of the provision of advices to someone seeking to access these programmes.
To that end, if it is the case that occupations based instruments are being more regularly reviewed then whilst we welcome that, departmental decision making needs to follow suit in terms of applications being finalised much quicker than they currently are. This is because otherwise we will (or have already reached) the point of there being total uncertainty as to whether an occupation will be removed by the time of decision, which is completely unsatisfactory in terms of the provision of advice for those who are in real need of accessing these programmes.
Enquiries@timpsonimmigration.com.au Phone: 07 3166 9100