Migration Program planning levels and priority processing arrangements
Every year the Australian Government sets the number of places, otherwise known as planning levels, in the permanent migration program. The number of places allocated takes into account the current economic climate and feedback from consultations with the Australian community.
Within the skill stream of the permanent migration program, there are a number of different visa categories targeted to meet the diverse needs of Australia’s labour market. The government also allocates annually a set number of visa places to each of the following categories:
- skilled independent
- skilled Australian sponsored
- employer sponsored, and
- state and territory sponsored
The planning levels can be varied by the government in response to economic and other factors. Delivering the migration program requires careful management. This is where it’s important to understand the relationship between the planning levels and priority processing arrangements for skilled migration visa applications.
Priority processing is a tool, available to government, to assist managing the order in which applications are granted. We have blogged previously about the government’s priority processing direction, where visa applications are placed in one of five priority processing groups.
Applications in priority group 1 are allocated before applications in priority group 2, and so on, until the set planning level for each specific skilled visa category is met.
In the situation where set annual planning levels are met in a particular skilled migration category within a 12 month period, the department is obliged to temporarily suspend allocating applications in this category until the next program year, irrespective of where applicants are placed in the priority processing direction.
For example, in this (2011-2012) program year there has been a lower number of applications lodged under a state migration plan (priority group 3) than anticipated when government originally set the planning levels. To meet the set levels for this part of the program we have allocated some of the priority group 5 applications in greater numbers.
These are the priority group 5 applications that were lodged by onshore and offshore applicants who were nominated by a state or territory government before state migration plans were introduced. These applications are placed in priority group 5 as they do not have a nominated occupation on the skilled occupation list.
It may also be necessary to limit the allocation of visa applications in the skilled Australian sponsored categories this program year, because there are only a few places remaining in this visa category. We will continue to update the allocation dates for skilled visa applications on the department’s website and encourage applicants to regularly check the page, which is updated fortnightly. We have also updated information on our website about the processing of priority group 5 applications.
If you have any questions or comments please post below.
Changes to points-tested skilled migration visas
Reforms to Australia’s skilled migration program take effect on 1 July 2012. Included in these reforms are changes to points tested skilled migration visas for migrants who wish to live and work in Australia without employer sponsorship.
Simplifying eligibility requirements, the changes include the introduction of three new points tested skilled migration visas:
- Skilled Independent (subclass 189) visa
- Skilled Nominated (subclass 190) visa
- Skilled Regional Sponsored (subclass 489) (provisional) visa.
The distinction between onshore and offshore points tested visas and some threshold requirements will be removed – with more importance being placed on the points test to find the best suited independent skilled migrants.
If you want to apply for one of the three new points tested skilled migration visas you will still need to:
- nominate a skilled occupation on the relevant skilled occupation list
- be under 50 years old
- have competent English skills.
From 1 July, if you are interested in a points-tested skilled migration visa you will need to complete an expression of interest in SkillSelect. SkillSelect is a new online system where skilled workers interested in migrating to Australia can record their details to be considered for a skilled visa. Only those who are invited by the Australian Government can lodge a visa application.
More information about the changes to the points tested skilled migration visas is available on our website.
Post your questions about the new visas below. As always we cannot provide case-specific advice, but we can answer general questions you may have.
Discussion paper on the Review of the Student visa Assessment Level Framework
A Discussion Paper on the Review of the Student visa Assessment Level (AL) Framework was published on our website on 31 January 2012. The department uses Student visa ALs to manage immigration risk in the Student Visa Program, and a review of the AL Framework was a key recommendation of the Strategic Review of the Student Visa Program undertaken by the Hon Michael Knight AO.
We’d welcome your submission on the paper, which you can send by email to Student.Policy.Projects@immi.gov.au, or post to:
Department of Immigration and Citizenship
Student Policy Projects
Attn: Lisa Curtin
PO Box 25
Belconnen ACT 2616
The Discussion Paper is open for comment until 16 March 2012.
Removal of Assurance of Support (AoS) requirement from Partner visas
Changes to partner visas
From 1 January 2012, the discretionary Assurance of Support (AoS) requirement was removed from partner visas. This change complemented other 1 January amendments to social security legislation that affect eligibility for welfare payments.
The change means that an AoS will not be required for partner visa applications made on or after 1 January. The change also applies to any partner visa applications still before the department or the Migration Review Tribunal on or after 1 January.
The amendments affect the following visa subclasses:
Partner temporary visa (subclass 309)
Partner permanent visa (subclass 100)
Partner temporary visa (subclass 820)
Partner permanent visa (subclass 801)
Prospective Marriage visa (subclass 300).
Information for those who have already had an AoS accepted by the Department of Human Services (DHS)
The Department of Human Services (DHS) is responsible for administering the AoS program. If you would like more information about the status of an AoS that was accepted by DHS prior to 1 January, please contact DHS through their AoS enquiry line on 132 850.
DHS advises the AoS will be enforced by DHS in situations where the AoS affected partner visa was granted prior to 1 January. DHS has advised that in all other partner visa cases, the AoS will be cancelled.
Further information about the AoS amendments are available on our website at: www.immi.gov.au/legislation/amendments/2012/120101/lc01012012-01.htm
Additional information about the AoS is available on DHS’ website at: www.humanservices.gov.au/customer/services/Centrelink/assurance-of-support
A New Year and a New Migration Blog
Sydney Fireworks (Photo: Copuetboy, Flickr)
Hello, happy New Year and thanks for your interest in migration. For those of you who have engaged with us previously, welcome to a slightly changed Migration Blog. As some may remember, the Department of Immigration and Citizenship (DIAC) first entered the blogosphere in June 2011, with the Skilled Migration Blog.
After great success over the past seven months, we’ve decided to expand the blog to include a much broader range of topics relating to migration. Family, Students, Working Holiday Makers as well as a host of other visa categories are very important parts of the overall Migration Program and will be explored on these pages in the future. We will also take the opportunity at various times to publish some of our research. Including the small name change, we’ve also changed our domain to: http://migrationblog.immi.gov.au
I encourage you to engage with blog posts. Ask questions and share content if you find the information interesting and informative. Hopefully our blog continues to grow and provide another avenue for anyone interested in migration to participate.
Cheers Peter Speldewinde, Acting First Assistant Secretary, Migration and Visa Policy Division
Working Holiday Maker Program Bi-annual Report
The first edition of the “Working Holiday Maker Program Bi-annual Report” is now live on our website (http://www.immi.gov.au/media/statistics/visitor.htm).
The report provides an overview of the working holiday maker visa program, which consists of two visas:
• Working Holiday (subclass 417) – first and second
• Work and Holiday (subclass 462)
The report contains general information about the visa program as well as statistics relating to visa applications, grants, source countries, processing times, growth rates within the program, and more.
By making this information publicly available and easy to find online, DIAC is improving information sharing and transparency for our visa programs.
This report will be posted to the DIAC website twice yearly.
Visitor Visa Program Quarterly Report
The inaugural Visitor Visa Program Quarterly Report is now available. The report provides information about the nine visa subclasses that are within the Visitor visa program. The aim is to increase the openness, accountability and accessibility to statistics in relation to the Visitor visa program, and will be of particular interest to the tourism industry.
The report provides information on applications, grants, arrivals and processing times.
The report highlights that Visitor visa grants increased by 2.8 per cent in 2010-11 compared to 2009–10. This can be partially attributed to a 31.8 per cent increase in Visitor visas granted to Chinese citizens.
The visa subclasses in the report are:
- Superyacht Crew (subclass 488)
- Business Visitor (short stay) (subclass 456)
- Sponsored Business Visitor (subclass 459)
- eVisitor (subclass 651)
- Tourist (subclass 676)
- Sponsored Family Visitor (subclass 679)
- ETA (Business Entrant—Long Validity) (subclass 956)
- ETA (Business Entrant—Short Validity) (subclass 977)
- ETA (Visitor)(subclass 976).
In response to your feedback, we plan to develop this report further.
Happy reading!
Introduction of powers to reduce fraud in Business Skills visas
On 5 November 2011 powers were introduced to reduce fraud in all Business Skills visas at both the temporary and permanent stages. This power is called the fraud Public Interest Criterion 4020 (PIC 4020).
Unfortunately, some people provide false or misleading information in visa applications. For example, some people may provide forged or false documents or give incorrect information to attempt to secure the grant of their visa application. The department takes any misrepresentation to secure a visa to Australia seriously and strives to uphold the integrity of all visa applications.
The introduction of PIC 4020 provides a strong basis for action against attempts to provide false information or documents. PIC 4020 allows a decision-maker to refuse the grant of a visa to a person and impose a three year bar on obtaining a new visa for having provided false, misleading and/or bogus documentation and/or information to the department.
The Fraud PIC now applies to Business Skills applicants who provide false, bogus or misleading documents during the course of their visa application, or in an application within the last 12 months that resulted in the grant of a visa. This also applies to those Business Skills visa applications which have been submitted previously but have not yet been finally decided.
The department will give applicants who have allegedly provided fraudulent information an opportunity to comment on the documents the department suspects to be fraudulent. The applicant will also have the opportunity to demonstrate compassionate and compelling circumstances why their visa should be granted.
For more information visit http://www.immi.gov.au/skilled/_pdf/fraud-pic.pdf
Processing Priority Group 5 applications
In August we published information on this blog about the processing of general skilled migration applications, and new information available on the department’s website to assist applicants.
The new webpage has been very popular, and it’s great to see it being used by people to check the progress of their visa applications.
That earlier post also explained why skilled migration applications are processed in a particular order (in technical terms, the order set by a Ministerial Direction on processing priority) and that we expected to see progress for applicants who had been waiting the longest for their visas to be processed.
Today’s update is to let you know that shortly we will begin to allocate applications in the Priority Group 5 category to case officers. The oldest applications made in Australia will be processed before those made outside of Australia. We have published detailed information about how the processing of these applications will happen on our website.
While we can’t tell every applicant exactly when their case will be allocated, this progress is positive news for all applicants. When your application is allocated to a case officer, the department will contact you. If you haven’t heard from us, you should keep checking the department’s website for updates to the allocation dates for general skilled migration visas.
The number of Priority Group 5 applications processed will depend on how many applications are lodged in higher priority groups and other factors including any change in the size of the Migration Program, so we can’t give you an exact timeframe when all applications will be processed.
Please continue to check the department’s website for information about the date of lodgement that applications are currently being allocated to case officers.
Points Tested Visas – understanding the minimum requirements
When you work in a policy area it is important to talk to the people who have a personal interest in the work you are doing. Recently we were lucky enough to have the opportunity to speak to a group of international students at the Australian National University in Canberra. For one of us it brought back memories of hours spent in that very lecture theatre, though this time, with a different view from up the front. 
Before explaining the visa options available within the skilled migration program, the first point we wanted to make to students was to explain the difference between the student visa program and the skilled migration program. The differences might seem obvious but it is important to distinguish the purpose of each program because students shouldn’t make their decisions about choice of study for the wrong reasons.
We are often asked by students what they should study in terms of meeting skilled migration requirements. The skilled migration program’s aim is to meet the needs of the Australian economy.
As the economy changes the program has to be flexible so it can respond quickly to these changes. Because requirements can and do change, there can be no guarantee of a migration outcome for students, so students should choose to study courses which they are interested in, rather than studying a course that they think will help them reach a migration outcome.
After delivering the presentation we answered a number of questions, and it struck us that there is often a misunderstanding about the minimum requirements needed to apply for a visa and points awarded through the points test.
Minimum requirements need to be met before a person even considers self-assessment of the number of points they may be eligible for under the points test. Minimum requirements for a points tested visa are:
• is under 50 years of age;
• demonstrates competent English;
• nominates an occupation that is on the SOL; and
• provides a positive skills assessment in their nominated occupation by the relevant assessing authority.
Those applying directly from a student visa will also need to have recently completed recognised study in Australia.
There are other visa options within the program for those applicants who do not meet the minimum requirement of recent study in Australia. Those applicants who have evidence of recent skilled employment in any skilled occupation on the SOL can also meet the minimum requirement for points tested visa, those visas are granted outside of Australia.
Some of the skills and attributes needed to satisfy the minimum requirements can also separately earn points through the points test, and this is where the confusion lies. For example, while competent English is one of the minimum requirements to make an application, a person can also be awarded points for higher English language skills through the points test. Another example is age. While applicants need to be under 50 years of age to submit an application, the points test also awards points for age depending on how old (or how young) a person is.
This post highlights the minimum requirements. There is more detailed information about the points test and visa options on the department’s website. Where people are interested in applying for a points tested visa, we suggest they first go through all the minimum requirements, and if they meet those – then check to see if they reach the pass mark of 65 points.
We hope this information makes the application process clearer but it is important to remember a student visa is a temporary visa and there can never be a guarantee of a permanent migration outcome.
Thanks to all those students who came to our presentation and we wish you all the best with the rest of your studies, and hope you enjoy your time and experience in Australia.
