You may be able to apply for the General Skilled Migration visa even if your skills assessment has expired

Skilled Visas: Sometimes the voice of reason prevails – but sometimes (often) it takes a court ruling on the interpretation of the words in the law.

In the world of skilled visas, you have to have a suitable skills assessment at the time of invitation – the invitation cones as a response to an ‘Expression of Interest’. In the past, this has been understood narrowly to mean at the time the invitation is made – people whose skills assessment expired between making their expression of interest and being invited to apply for the visa were likely to be refused their visa.

In the case of Thapa, the Federal Circuit Court had to think about the meaning of ‘at the time of invitation’ and decided it should be read broadly to mean the entire invitation period which is the 60-day period from the date of invitation.

If the Thapa family had given up and withdrawn their application (as others have), they would not be permanent residents of Australia.

The point is that you can effect legal change, and we will fight for you until you tell us to stop.

You can read the details of the court decision here.