SM2.10 Invitation to apply for a resident visa

See also Immigration Act 2009 s 95

1. People whose EOIs have been selected from the Pool on or before 16 August 2023 may be invited to apply for a resident visa under the Skilled Migrant Category SM instructions if:
   1. the information provided does not indicate the presence of any health or character issues which may adversely affect their ability to be granted a resident visa under the Skilled Migrant Category; and
   2. an immigration officer considers that the claims about English language and points for employability and capacity building factors which were the basis for selection from the Pool are credible; and
   3. it is confirmed that they have 180 or more points.
2. An immigration officer may seek further evidence, information and submissions from a person whose EOI has been selected from the Pool for the purpose of determining whether their claims are credible and whether there are any health or character issues which may adversely affect their ability to be granted a resident visa under the Skilled Migrant Category.
3. In any particular case, an EOI selected from the Pool may not result in an invitation to apply for a resident visa under the Skilled Migrant Category. No person is entitled as of right to an invitation to apply for a visa and the decision to issue or revoke an invitation is a matter for the discretion of the Minister of Immigration or, subject to any special direction, an immigration officer.
4. EOIs submitted on or after 16 August 2023 will not be invited to apply for a Skilled Migrant Category Residence Visa under SM instructions.

Note: An immigration officer’s decision to invite a person to apply for a resident visa under the Skilled Migrant Category (based on information, evidence and submissions provided prior to application) does not guarantee in any subsequent application for a resident visa the points claimed by the applicant or a positive assessment against health, character or English language requirements.

Effective 01/07/2023