For the nine visitor visa subclasses, the report provides information on applications, grants, arrivals and processing times. Highlights from the report include: 

• Tourism Visitor visa application lodgements fell by 0.6 per cent in 2011-12 to 31 March compared to the same period in  2010-11 (down from 2 540 382 to 2 526 231).  However, lodgements by Chinese citizens continued to grow (up 28.2 per cent to 260 450).
• There were 358 815 Business Visitor visa applications lodged in 2011-12 to 31 March.  This was a three per cent increase compared to the same period in 2010-11 (348 371).  It can be partially attributed to an increase in applications from the United States of America (up 8.6 per cent to 52 058).
• There were 115 016 Tourist (subclass 676) visas granted under the Approved Destination Status (ADS) scheme in 2011-12 to 31 March.  This was a 29.4 per cent increase compared to the same period in 2010-11 (88 893).
• On 31 March 2012, there were 219 672 Visitor visa holders inAustralia. 

 The quarterly report for the period ending 30 June 2012 is expected to be published in late July 2012.

SkillSelect will be a major change to how Australia manages its skilled migration program. There is much talk about the changes, and as with anything new, not everything you hear is always correct. This blog busts some of the myths we’ve heard about SkillSelect.

Myth 1 - SkillSelect only affects points tested visas—formally known as General Skilled Migration (GSM) visas.

A common myth is that SkillSelect will only affect the independent skilled migration program- this is not true.

If you are interested in applying for a skilled visa after 1 July 2012, you may have to use SkillSelect depending on your visa preference/s. Therefore, it is important you understand how SkillSelect will affect you and your visa options.

It will be compulsory to submit a complete expression of interest (EOI) and receive an invitation before you can lodge a visa application for the following visa programs:
• Subclass 189 Skilled – Independent (Permanent) (Class SI)
• Subclass 190 Skilled – Sponsored (Permanent) (Class SK)
• Subclass 489 – Regional Sponsored (Provisional) (Class SP)
• Business Skills visa program.

It is optional (although highly recommended) to submit an EOI to be found and contacted by an employer for the following visas programs:
• Subclass 186 – Employer Nomination Scheme (ENS) (Class EN)
• Subclass 187 – Regional Sponsored Migration Scheme (RSMS) (Class RN)
• Subclass 457 – Temporary Business (Long Stay) (Class UC)

More information on visa options can be found on the SkillSelect website.

Myth 2 –  I can’t  submit an EOI for more than one visa.

You will be able to submit an EOI for one, a few or all skilled visas in the one EOI. You do not need to submit multiple EOIs.

SkillSelect is a free online service, and by expressing interest in more than one skilled visa, you could increase your chances of being found by a state or territory government or employer who needs your skills.

Myth 3 – It will still be expensive and time consuming for employers to find skilled workers.

SkillSelect will make finding overseas skilled workers easy for employers and help ease skill shortages through managed migration.

A key function of SkillSelect is to assist in easing skills shortages through providing Australian employers with access to a pool of intending skilled migrants who are seeking employer sponsorship on either a temporary or permanent basis.

SkillSelect is ideal for employers wanting to quickly identify options for resolving specific skill shortages. It will really help employers operating small to medium businesses who have found it difficult, expensive and time consuming to find workers in the past. SkillSelect is targeted, convenient, a free service, and is without any obligation to sponsor. Employers will be able to easily search across a number of key selection criteria such as experience, qualifications, language skills and willingness to work and live outside major metropolitan centres.

Once suitable skilled workers are identified, employers are able to send a message in SkillSelect to the skilled worker notifying them of their interest in discussing employment and sponsorship opportunities. When sponsorship arrangements have been established, the skilled worker’s EOI details are seamlessly transferred from SkillSelect to final assessment and processing systems, saving time for everyone.

Myth 4 – I can intentionally embellish my claims on my EOI to increase my points score and likelihood of getting an invitation.

There are some serious potential risks in providing false and misleading information in your EOI.

If you are invited to apply for a visa, the information in your EOI will be used as part of your visa application. You will then need to confirm your claims and submit evidence with your application.

If you provide false or misleading information on your EOI and receive an invitation based on this information, your application may be refused. If your visa application is refused you will lose your visa application charge and may also be subject to a bar which prevents the grant of a further visa.

Myth 5 -The introduction of SkillSelect will mean less skilled visas will be granted.

This is not true.

Each year the government announces the number of places in the migration program as part of the Budget. This announcement on the program size is what determines the number of skilled visas available each year.

In the 2012–13 Budget an additional 3400 places  will be allocated to the skilled migration program—this is a total of 129 250 places.

SkillSelect will not increase or reduce the overall number of visas granted. It will only determine who is able to lodge a visa application for the independent, family sponsored, state/territory nominated and business skills visas. The target number of skilled visas granted will be the same as the number set by government in the Budget.

Have you heard any other myths about SkillSelect? Leave us a comment and we will be happy to answer any questions you may have about the new process.

For more information visit the SkillSelect website.

Information on changes to points based skilled migration:  http://www.immi.gov.au/skilled/general-skilled-migration/new-skilled.htm

Information on the permanent employer sponsored visa reforms : http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm

Registration for this free event is through the department’s website and they close on May 11.

Skills Australia Needs events offer invited skilled workers the chance to talk to Australian employers and recruiters about jobs available ‘Down Under’ face-to-face.

As well as potential employers, Australian immigration officers will be on hand to talk to participants about skilled visa options to live and work in Australia, either on a temporary or permanent basis, as well as Australia’s new skilled worker registration system—SkillSelect.

Invitees can also meet representatives from several other Australian organisations and government agencies, including:

• Australia’s state and territory governments will talk about what it’s like to live in Australia, and state sponsored visas
• Trades Recognition Australia (TRA) will provide advice about the process for having your skills recognised and the new streamlined arrangements for licensing, which mean workers can start a job on their first day in Australia
• VETASSESS, a US trades recognition agency approved by the TRA to assess skilled workers in the electrical and plumbing trades will provide information about their services, and
• Future Skills International, approved by the TRA to assess electricians will be on hand to answer questions about their services.

This event is the latest in a series that the Australian Government has staged in several countries for many years. The job fair will help Australian employers and state governments fill critical skill shortages in areas of occupational demand in Australia.

Details including the full list of exhibitors, jobs on offer and how to register are available at www.immi.gov.au/skillevents/skilled-workers.htm

There are more people wanting to migrate to Australia permanently than the country can accommodate. To manage the number of people granted the privilege to call Australia home, the government sets annual migration program planning levels (See Factsheet 20 on the department’s website for more information). The planning levels set the size and composition of the intake of permanent migrants and are informed by a number of factors that include: 

• immediate and forecast long-term social, demographic and economic trends and government policies with respect to migration and population
• expected demand for skilled labour in key occupations and industries over the medium-to-long-term
• estimated demand for places within the family stream, in particular the partner and child categories
• the net gain of population through immigration and emigration as measured by what is known as net overseas migration.

Each year the department conducts nation-wide consultations to seek the views of the Australian public, state and territory governments, unions, peak industry groups, community groups and other key stakeholders. The input gathered during these consultations, as well as considerations arising out of the factors listed above are used to inform the department’s submission to government on the size and composition of the Migration Program for the following year.

Keep an eye out for part two of this blog, which will elaborate on the important role permanent migration has played in the growth and evolution of Australian society, as well as provide an overview of the 2012–13 Migration Program.

The reforms, effective 1 July, are designed to help the Australian Government respond swiftly to labour market demands, while ensuring that limited program places go to those who will make the greatest contribution to Australia.

 A new visa structure will be introduced, which comprises two new visas replacing the current employer sponsored visa classes and subclasses. (http://www.immi.gov.au/skilled/skilled-workers/_pdf/skilled-migration-diagrams.pdf)

The new visa structure includes the Employer Nomination Scheme (ENS) and the Regional Sponsored Migration Scheme (RSMS).

The ENS allows Australian employers to sponsor skilled foreign workers to address skill shortages in their business located throughout Australia. The RSMS is designed to support employers in regional, remote or low population growth areas, to recruit the skilled workers they need to manage and grow their operations where they cannot be filled locally.

Within each of these visas are three streams:

1. Temporary Residence Transition stream for subclass 457 visa holders who have worked for their employer for two years and the employer wants to offer them a permanent position in that occupation.
2. Direct Entry stream for ENS and RSMS applicants who are untested in the Australian workforce and are not catered for in the Temporary Residence Transition or Agreements streams. Within this stream the range of occupations has broadened to include ANZSCO skill levels 1–3 occupations.
3. Agreements stream for applicants who are sponsored by an employer through a labour agreement or regional migration agreement.

 An employer or visa applicant will need to meet the requirements of the particular stream.

Simplifying the pathway to permanent residence

The permanent employer sponsored program reforms will see the implementation of a streamlined pathway to permanent residence for subclass 457 visa holders under the new Temporary Residence Transition stream.

 The transition to permanent residence will be simpler and fast-tracked for applicants who hold a 457 visa and have worked for the same employer for a continuous period of two years on a full-time basis. Their English language ability will not be further scrutinised if they have previously completed tests for their 457 visa application, registration or licensing. However, if the applicant has not completed an International English Language Test System (IELTS) test, they may be required to meet the English language capability assessment—with a minimum of IELTS 5 in all modules (or equivalent).

For applicants who do not meet the Temporary Residence Transition stream, then the Direct Entry or Agreements streams are options available for consideration.

The Direct Entry stream is a more rigorous application process for applicants who have not been tested or proven in the Australian labour market. The minimum standard will be set higher for skills assessments and English language skills with a required IELTS rating of 6. In recognition of the value of extensive work experience, applicants up to 50 years of age can apply.

The Agreements stream will continue to allow employers to recruit a specified number of semi-skilled or highly skilled workers under a labour agreement negotiated by the employer with the government. The skills, age and English language requirements for workers under labour agreements will continue to be negotiated according to the needs of Australian employers.

 There will be opportunity for exemptions approved by the minister for age, skills and English language ability. Exemptions will be based on a person’s nominated occupation, salary or the time they have been employed with their nominator.

 For more information on the changes see the Frequently Asked Questions on the department’s website at www.immi.gov.au/skilled/.

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.

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.

Employers who need specialised semi-skilled workers from overseas will instead need to negotiate a labour agreement.  

Labour agreements provide a robust integrity framework for the entry of semi-skilled workers who are likely to be more vulnerable than highly-educated, highly-paid and highly-skilled workers.

Where this change affects a number of employers in the same industry with similar specialised semi-skilled needs, the department can look at developing template agreements for all businesses in that industry or sector; for example, specialised animal attendants or machinery operators in the agricultural sector.

More information about labour agreements is available on the department’s website.

The report highlights some key trends:

• some 1,045,840 temporary visa holders were present in Australia on 31 December 2011, a 0.6 per cent increase from last year;
• the largest groups of temporary visa holders present in Australia on 31 December 2011 were visitors (367,970), followed by students (254,680), working holiday makers (subclass 417 and 462) (134,840) and Business (Long Stay) (subclass 457) visa holders (128,600);
• between December 2010 and December 2011, the number of student visa holders decreased by 12.5 per cent and visitor visa holders by 1.1 per cent, while the number of subclass 457 visa holders and working holiday makers increased by 10.9 per cent and 14.1 per cent, respectively;
• during the same period, the number of visitors from India and China increased (16.7% and 10.5% respectively) while the number of students from India and China decreased ( 34.7% and 7.6% respectively);
• the countries with the most number of Working Holiday (subclass 417) visa holders were the United Kingdom (19.4%), South Korea (16.6%) and Ireland (12.2%);
• the countries with the most number of Business (Long Stay) visa holders were the United Kingdom (26.7%), India (13.7%) and the Philippines (7.3%);  and,
• some  597,730 New Zealand citizens were present in Australia on 31 December 2011,
  a 6.9 per cent increase from the previous year.

There is a new web page for current and former Student visa holders who held a Student visa on
8 February 2010, when the Australian Government announced the skilled migration reforms.

The new web page can be found here.

Increasingly in the years leading up to the reforms, the composition of the skilled migration program was being determined by those who wished to apply, rather than by labour market demand. A series of reforms were necessary to reposition the program as demand driven and able to respond better to Australia’s skilled labour needs.

One of the key changes was the withdrawal of the Migration Occupations in Demand List (MODL) and the introduction of a new Skilled Occupation List (SOL). The SOL is a list of occupations that are eligible for independent, or unsponsored, skilled migration. The new SOL consists of 192 occupations, down from more than 400 on the old list, and delivers a skilled migration program that is tightly focused on high value skills that will assist in addressing Australia’s medium to long term skill needs.

When these reforms were announced, the Australian Government also announced generous transitional arrangements for those who held Student visas when the changes were announced. The new web page includes information about these transitional arrangements, as well as other information about extending a Student visa, and also information about the skilled migration program. We plan to expand the page with further information in the coming months.

It is important for students to be aware that the Student visa program and the skilled migration program serve different purposes. A Student visa allows a person to come to Australia and study for a specified period. On the other hand, the skilled migration program has an economic focus. It is designed to meet the needs of the Australian labour market and strengthen the whole economy. Because of this, the requirements for skilled migration may change depending on the economic circumstances of the time, and that is why students should study a course based on their academic interests, rather than to achieve a particular migration outcome.

Student visas are temporary visas, so students should be mindful of their visa expiry date so they can consider their options early. It takes time to apply for another visa, and if a person is unable to obtain another visa they must depart Australia before their Student visa expires. There can be serious consequences for overstaying a Student visa and becoming unlawful, including being unable to return to Australia for up to three years.

Some students might be thinking about lodging an Expression of Interest (EOI) in SkillSelect when their student visa expires. An EOI is not the same as a visa application. It is an indication that a person would like to apply for a skilled migration visa, rather than an application itself. A Bridging visa will not be granted after submitting an EOI. If a person is not invited to apply for a skilled migration visa before their existing visa expires, they will need to obtain another visa or depart Australia.