With enrolment cancellations by institutions and rising refusals, international students have started to feel the impact of the Australian migration strategy released in December 2023, aimed at reducing migration levels.

Universities Cancelling Course Offers for Students

Recent news has revealed that some Australian universities are cancelling enrolment offers to international students. Several universities have taken the extreme step of writing to students whom they had approved but who were still waiting for their visas to be granted, requesting they cancel their enrolment. This is devastating for those who have an offer and are already envisioning their course in Australia. This has already affected many international students, causing frustration and disappointment with the sudden decision.

Why Are Universities Cancelling International Student Offers?

Some institutions have chosen to limit the countries from which they will accept applications to increase their visa approval rate. There are concerns from some universities that they might no longer be classified as low-risk entities by the Department of Home Affairs, affecting their standing and operations.

The migration strategy released in December 2023 included several recommendations for international students, such as increased funding for visa integrity, higher English language requirements, and more rigorous scrutiny of lower-quality education providers by ranking them based on their risk level.

It appears that universities are cancelling admission offers to safeguard their reputation and avoid a high number of visa rejections.

Increase in Student Visa Refusal Rates for Some Countries and Some Institutions

There has been a significant increase in the number of visa refusals, which is expected to rise further in the second half of 2024.

High refusal rates: Over the last 15 years, student visa application approval rates have consistently been above 90%. However, recent government figures reveal a decline to 82% last year, with the approval rate for vocational education even lower, dropping to 70% in the last six months of 2023.

Which countries have higher refusal rates? According to a report by The Australian Financial Review on January 30, 2024, there was a significant decrease in student visa approval rates for applicants from some countries, such as India with a reduction from 73% to 42%, Pakistan from 64% to 30%, the Philippines from 81% to 36%, and Nigeria from 71% to 29% over four months from June to September 2023, as noted by Craig Mackey of IDP Education Australia, an international education company offering student placement in Australia.

Ian Aird, CEO of English Australia, another international education company, mentioned that in October 2023, student visa grants from Colombia were down by 34.79% over the same comparison period in 2022. Approval rates for visa applications for the education provider English Australia, from Thailand and Brazil in October 2024 compared to the year before, also experienced declines, with Thailand's rate dropping by 89.99% and Brazil's by 46.82%.

However, approval rates for countries such as South Korea, China, Singapore, and Taiwan were at 90% or higher, possibly due to financial capacity and genuineness of intention to study.

Why Are There Higher Rates of Student Visa Refusal?

The government aims to reduce the net overseas migration number, from 510,000 in the last year to 375,000 this current year, and then to 250,000, which is regarded as the "normal" level. Much of the reductions will be in student visas.

The student refusals are mostly based on the Genuine Temporary Entrant Criteria (GTE). In many cases, the GTE rejection seems to hinge on the economic status of the student's home country, rather than the individual's qualifications or demonstrated intent to study at the institution.

Unfortunately, it is getting tougher both for education providers and with Home Affairs. If you need any assistance, please contact us.

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources:

https://e.vnexpress.net/news/news/education/australian-universities-cancel-offers-of-enrollment-to-international-students-4712973.html

https://thepienews.com/news/australia-students-awaiting-visas-told-to-withdraw-university-applications/

https://www.afr.com/work-and-careers/education/foreign-students-are-leaving-in-droves-after-visa-crackdown-20240216-p5f5m1

https://monitor.icef.com/2024/02/australia-visa-rejection-rates-spike-as-some-institutions-withdraw-admissions-offers-under-new-migration-settings/

https://www.universityworldnews.com/post.php?story=20240202130927534

Since the Federal Labor government came into power in May 2022, there had been a number of concerns raised in relation to the future of the Global Talent Visa (subclass 858). However, based on the recently released Review of the Migration System and the speech of the Minister for Home Affairs, the Hon Claire O’ Neil MP, it seems that the Global Talent Visa still has a place in Australia’s migration system and the this visa still has a bright future.

The concerns about the future of the Global Talent Visa came about when the Australian government significantly decreased the allocations for this visa from 15,000 places to just 5,000 places. The visa also got de-prioritised and the Global Talent Attraction Officers’ roles had been changed which resulted to the significant slowing down of the processing of the Global Talent visa Expressions of Interest (EOIs) and of the visa applications. Before this visa got de-prioritised, some EOIs was being processed in about 2 days to about 1 month and the visa granted within a month (or less) depending on the health and character checks.  It now takes 4-6 months for prioritized EOIs to get a response and about 7 months for Global Talent Visa applications to be decided.

Some even feared that the Global Talent visa will be abolished because of the perceived government attitude towards the Global Talent Visa and their preference for employer sponsored visas, independent skilled and regional visas.

However, based on the report and the Minister’s speech, the Global Talent Visa will still be a good option for those high-performing, specialized highly skilled, highly paid professionals who have the skills, talents and innovative spirit that Australia wants and needs to create jobs, help the economy, raise Australia’s technical and academic standards, and its competitiveness in the global market and contribute to Australia’s growth.

Get to know more:

• Government Updates

• Number of allocations 2022/2023

• What is the Global Talent Visa in Australia?

• Target sectors for the Global Talent Visa

How can Work Visa Lawyers help?

If you are interested in the Global Talent Visa or needs help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of the Global Talent visa application process. We are able to assist with all aspects of the application, and can also provide advice in relation to:

• your eligibility for a Global Talent Visa
• documents to demonstrate your skills and ability to attract the FWHIT salary

Work Visa Lawyers will provide an eligibility assessment before advising you to proceed with a visa application.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Global Talent EOI, visa application or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online  or call us at (+61) 8 8351 9956.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

July is the start of the new immigration program year and this is the latest news on the upcoming changes for Australian immigration.

In a media release yesterday, NSW Treasurer Dominic Perrottet announced a plan to return international students to Australia in 2021.  The plan will be funded entirely by local universities and will be in addition to the number of other passengers allowed to arrive per week (such as permanent residents and Australian citizens).  250 students from 14 NSW and ACT universities will be permitted to arrive in Sydney per fortnight.  Once on Aussie shores, the students will be directed to private quarantine facilities for an isolation period before they are able to move freely in the community.  The plan is expected to commence in the second half of the year. 

Minister for Immigration Alex Hawke made a statement on Wednesday 19 May on how the Business and Innovation and Investor Program will be changing in 2021.  New rules commence on 01 July 2021 and although the legislation is yet to be released, the Minister’s statement gives us a good idea how the program will operate moving forward and how the changes will affect you, the investor.

What is the Business Innovation and Investment Program?

The Business Innovation and Investment Program provides a path for people to migrate to Australia on the proviso that they financially invest in the Australian market.  This visa category is one of the fastest and easiest ways to get permanent residency and even citizenship in Australia.  It also allows you to bring your immediate family to Australia, something other visas have not always made easy.

What Are the Changes?

The new legislation has not yet been released so we do not have a full picture of the new system, but based on Minister Hawke’s statement, the following changes will occur as of 01 July 2021:

• The 132A and 132B Business Talent visas will no longer exist
• The 188D Premium Investor visa will no longer exist
• The ratios of the Complying Investment Framework are changing
• The threshold for the 188B Investor visa is increasing from $1.5 million to $2.5 million
• The 188B Investor visa will now have to invest in accordance with the Complying Investment Framework
• The term of all 188 visas will be 5 years, but complying visa holders will be able to apply for permanent residency after just 3 years

In summary, the new visas under the Business Innovation and Investment Program are:

How do I get Permanent Residency?

Under the old rules, holders of the 132 Business Talent visa were granted immediate permanent residency.  The changes are doing away with this visa and new applicants will have to spend some time as temporary visa holders before they can apply to become permanent residents of Australia.  Previously, temporary visa holders in the 188 stream could stay for 4 years and apply for permanent residency at the end of those 4 years.  This lead to something of a panic at the end of the 4 years, with visa holders scrambling to get paperwork formalised in time so that a visa extension would not be needed.  In order to grant more flexibility, 188 visa holders now have a temporary visa of 5 years but can apply for permanent residency after 3 years, provided they comply with the requirements.

The requirements vary slightly from case to case, but generally speaking to comply with the 188 and qualify for permanent residency, you must:

• Reside in Australia for at least 40 days per calendar year; and
• Your investment must adhere to the rules of the Complying Investment Framework.

Complying Investment Framework

The Complying Investment Framework sets out how the funds must be invested.  This framework has always existed for 188 visas but effective 01 July 2021, the percentages allocated into the various components will change. 

The components are:

• Venture Capital and Private Equity
  This is used to invest in Australian start-ups and small private companies.
• Approved Managed Funds
  This is used to invest in new companies listed on the Australian Stock Exchange (ASX).
• Balancing Investment
  the remaining total of investments can comprise any of the above 2 categories.

Perhaps the most significant change of the announcement, is that the holders of 188B Investor visa must now also comply with the Complying Investment Framework (CIF).  Prior to this change, holders of the Investor visa could invest their funds into Australian Government bonds.  The change has been made to ensure the money coming from investor visas goes to new businesses and creates local jobs.  While the CIF is a slightly higher risk venture than government bonds, we hope that potential applicants can see the reasoning behind the change and that it does not dissuade them from their plans to move to Australia.

Entrepreneur Visa

The Entrepreneur visa is the lowest threshold investment visa, requiring an investment of $200,000.  The Department of Home Affairs announced in December 2020, that the required assets of the applicant would increase from $800,000 to $1.25 million in July 2021, but yesterday’s announcement was silent on any further changes to this visa.  We await the release of the new legislation which will give us all the details on whether anything else is different.

Tax Improvements

Historically, tax for investors in Australia has been needlessly complicated.  Following the 2021-2022 Federal Budget announcements it appears the government intends to simplify the tax rules for visa holders.  The Australian government plans to replace the existing framework with a new set of rules that are easy to understand and apply.  This should reduce the cost of complying with the rules, and provide more certainty for investors.

One new rule is that any person who physically resides in Australia for 183 days or more in a year will be considered an Australian tax resident.  Those who have been here for fewer than 183 days will have other criteria but the government assures us these will be simpler and based on measurable facts.

If Australian tax law was putting you off investing in Australia, it is worth revisiting the idea with your financial advisor.

What Now?

If you have the means to invest and you are considering a move to Australia, the Business Innovation and Investment Program remains one of the best pathways to entry, even after the changes.  You don’t need to worry about things like points or skills assessments, you can bring your spouse and children with you, and you can apply for permanent residency – now in only 3 years!  Of course this is a big decision and we recommend you speak to an experienced lawyer and an independent  financial advisor *  Make an appointment with Work Visa Lawyers today to discuss whether this is the right visa for you.

*Work Visa Lawyers are not financial advisors and cannot provide you with financial advice – you should also speak with an independent financial advisor before making any investment decisions.

Australian Business and Significant Investor Visas Subclass 188 Closed - New Visa Expected in 2024! Read more here! 

Author

Chris Johnston, Principal Lawyer and Founder of Work Visa Lawyers

Do you need help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

You can also subscribe to our Facebook: WORK VISA lawyers

SOURCES:

• 17 December 2020, Australian Government, Alan Tudge press release, URL: https://www.homeaffairs.gov.au/reports-and-publications/submissions-and-discussion-papers/biip-getting-better-deal-australia.

• 19 May 2021, Australian Government, Alex Hawke press release, URL: https://minister.homeaffairs.gov.au/AlexHawke/Pages/getting-a-better-deal-for-australia-from-visa-investments-19-05-2021.aspx.

• Federal Budget 2021-2020 Fact Sheet, Australian Government, URL:
  https://budget.gov.au/2021-22/content/factsheets/download/factsheet_tax.pdf

The Australian Government has announced its budget for 2021-22 and the news for migrants and international students is seriously disappointing.  With borders predicted to remain closed until mid-2022, Treasurer Josh Frydenberg has structured a budget with very few opportunities for immigration, and an annual Net Overseas Migration (NOM) figure of -72,000.  It’s been 16 months since the WHO declared Covid a pandemic.  China built a hospital in Wuhan in 10 days, so why can’t Australia build quarantine facilities in a year?

New Zealand Prime Minister Jacinta Arden announced yesterday that travellers from Australia will be able to enter the country without mandatory quarantine starting 11:59pm on Sunday, April 18 New Zealand time.^[i]

An exemption to travel restrictions, allowing people to leave Australia, will not be required for those travelling to New Zealand.^[ii]

This bubble will effectively allow people to travel freely between Australia and New Zealand, subject to certain conditions.

On 30 Mar 2021 the Hon Karen Andrews MP was appointed as new Minister for Home Affairs.^[1]  This follows the previous Minister for Home Affairs the Hon Peter Dutton MP, being appointed as Minister for Defence the same day.^[2]

The Hon Alex Hawke MP continues in his role Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

The COVID-19 concessions are designed to ensure provisional and temporary visa holders are not disadvantaged by circumstances beyond their control during COVID-19 Pandemic, including Border closures, restrictions imposed on businesses and the general economic downturn related to COVID-19.

In the past few weeks, some Australian states and territories have opened for state nomination with limited places. There is a big focus on nominating applicants with 'critical skills' to help Australia's economic recovery post-COVID.

The Australian Government has introduced a new stream for people whose visas have expired or are about to expire.

The temporary visa subclass 408 is no eligible to Visa Applicant’s whose visa was held in the last 28 days and are unable to apply for the same visa or do not meet any eligibility criteria for another visa.

The purpose of the new visa stream provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia.

Throughout the 2018/2019 programme year, Australian immigration has witnessed some massive changes. These changes range from new government, policy changes, the abolishment of the 457 visa, and new visas being implemented. Scroll the index below to find an in-depth summary of changes and what we predict will come in 2019.

Within the 2018/2019 programme year, Australian immigration has witnessed some massive changes. These changes range from new government, policy changes, the abolishment of the 457 visa, and new visas being implemented. Below you will find a brief summary of changes and what we predict will come in 2019.

The Re-Shuffle & Announcing David Coleman As New Immigration Minister

Prior to the recent spill, Dutton was the Home Affairs Minister as well as the Minister for Immigration and Border Protection. This left Dutton responsible for an extremely large portfolio which included immigration, citizenship, and Australia’s security and intelligence agencies. While Dutton will keep control of the Australian Border Force, the Morrison government has taken a new approach by appointing David Coleman as the Minister for Immigration, Citizenship and Multicultural Affairs.

“David has a keen understanding of the many different backgrounds and the many different issues that need to be managed to ensure that Australians who have come from so many backgrounds get that fair go I spoke of,” (abc) Morrison said when he announced his new team.

This seems like an enormous step in the right direction for the immigration sector as Coleman celebrates diversity and understands the pain of exclusion. Australia has made its “national foundations stronger by allowing more people to build upon them,” (InsideStory) Coleman noted in his inaugural speech to parliament.

What to Expect from the New Minister of Immigration

When anticipating what’s to come it is important to remember that Scott Morrison, having been the treasurer, has previously made comment on the valuable contribution that immigration mikes to the budget. Therefore, there is some hope that the new direction for the immigration portfolio may include revisiting the planning level of 190,000 permanent migrants for the 2019 year. In the 2018 migration year the number of grants was below the planning level at 162,000.

Furthermore, immigration finally has its own dedicated Minister. It is hopeful that the separation of immigration from the Home Affairs Minister may help the long processing times visa applicants are currently seeing. Read more about the current long processing times and low approvals here.

“We need a strong focus on our immigration program so it brings the skills and the harmony and the unity that we want from the program.” (InsideStory) – Scott Morrison on removing immigration from direct responsibility of the home affairs portfolio.

Much is still to be revealed in terms of the direction that the new minister for immigration, my take, there are some significant changes which can already be observed. The first is that the word multiculturalism has made a welcome return to the portfolio. The term multiculturalism has been very useful in promoting tolerance of different cultures and has been embraced by much of the Australian community. It is more welcoming and softer then the combination of home affairs and border protection which have been the main terms used in association with immigration recently.

The second terminology change is that the word immigration has re-emerged as a usable term. Up until recently we were in the awkward position where it was Home Affairs which was in charge of immigration and the word immigration was not anywhere to be found. This lead to mass confusion amongst clients and was generally unnerving giving the feeling that the term immigration is too politically difficult to actually use.

New Regional Visa in Review

According to an article from 29 August in The Australian, a proposed 5-year reginal visa currently in review. The new visa aims to encourage migrants to settle in regional Australia. In fact, the benchmark of the new visa is the requirement that migrants will locate in reginal or capital cities other than Melbourne or Sydney. In the past financial year out of the 112,000 skilled migrants who arrived, 87 per cent had settled permanently in Sydney or Melbourne.

“If the population was distributed more evenly, there would not be the congestion pressures that we have today in Melbourne and Sydney,” (TheAustralian) Mr Tudge told a forum in Melbourne.

This new reginal visa seems to be a healthy alternative to former Prime Minister Tony Abbott’s call for migration intake to be cut to 80,000 a year until infrastructure caught up.

It is believed the new visa class would apply to certain categories of new arrivals under the skilled and family migration program but in some cases could also apply to refugees.

Summary

Prime Minister Scott Morrison re-shuffles cabinet, and removes immigration and citizenship from the Home Affairs portfolio. Morrison hopes this will allow immigration to get the focus the program needs.

Morrisons new direction may help processing times and could include the revisiting of the planning level of 190,000 permanent migrants for the 2019 year. Also, it is hopeful that the inclusion of the words immigration and multiculturalism in the ministerial title will be a sign that there is a more friendly and less militaristic and punitive approach to immigration.

Lastly, there is a new reginal visa that has been proposed and is currently being reviewed. The new visa would allow new arrivals under the skilled and family migration program to come to Australia for 5 years on the basis they do not locate in Melbourne or Sydney.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

We not own the rights to the picture above and no copyright infringement is intended.

Sources:

http://www.abc.net.au/news/2018-08-26/scott-morrison-announces-new-cabinet-after-julie-bishop-quits/10166300

https://www.smh.com.au/politics/federal/turnbull-to-quit-parliament-as-liberals-race-to-replace-former-prime-minister-20180827-p50047.html

https://www.sbs.com.au/news/peter-dutton-to-retain-border-force-when-immigration-handed-to-new-minister

https://www.sbs.com.au/news/scott-morrison-will-be-the-next-australian-prime-minister

https://www.governmentnews.com.au/pm-changes-incredibly-disruptive-to-progress/

https://www.theguardian.com/australia-news/2018/aug/26/cabinet-reshuffle-full-list-of-scott-morrisons-new-ministry

https://insidestory.org.au/where-to-now-for-immigration-policy/

https://insidestory.org.au/who-is-david-coleman/

https://www.theaustralian.com.au/national-affairs/cities-fix-pms-plan-to-send-migrants-to-regions-for-five-years/news-story/c8573e68a1438295818d5aab9de5471b

Prime Minister Malcolm Turnbulls victory leads to the resignation of Peter Dutton.

In a Liberal party room meeting, Peter Dutton challenged Malcolm Turnbull for the Liberal party leadership, losing 48-35 after the prime minister called a spill. Peter Dutton has resigned from his Cabinet position, and will now sit on the backbench.

"He said to me he doesn't feel he can remain in the Cabinet having challenged me for the leadership of the party, and so he is resigning." – Mr. Turnbull on Mr. Duttons resignation.

Treasurer Scott Morrison will serve as interim Home Affairs Minister “pending other arrangements,” Mr. Turnbull announced. Julie Bishop was also appointed the deputy position after running unopposed.

The narrow victory has left plenty of room for ongoing discussion concerning the possibility of Mr. Dutton of challenging Mr. Turnbull for Prime Minister. This morning’s vote confirms that Mr. Dutton has a significant conservative backing to replace Mr. Turnbull as PM.

We have been urged to expect more resignations, possibly form other frontbenchers, adding to the current but temporary sense of chaos within the government.

What Does This Mean for Australia’s Migrants

Prior to his resignation today, Peter Dutton was the Minister for Home Affairs and The Minister for Immigration and Border Protection. Mr. Dutton has been responsible for a number of changes within Australian migration since being sworn in December 2017, including the tougher vetting procedures we have seen. Click here read more about Mr. Duttons migration impact.

Responsibilities for the position of Minister for Home Affairs and The Minister for Immigration and Border Protection are not limited to but include:

• Overall strategic management of the portfolio, its agencies and budget
• Counter terrorism and organized crime strategy
• Counter espionage and foreign interference
• Migration and refugee/humanitarian programme settings
• Portfolio intelligence arrangements (Including visa risk assessment system)
• Visa cancellations for very serious offenders, national security, and exceptional cases

After winning the vote, Mr. Turnbull resigned as leader at the start of the meeting to prompt a vote to test the support of his opponent. Scott Morrison has been selected to act as interim Minister for Home Affairs and The Minister for Immigration and Border Protection in Mr. Duttons absence.

Mr. Morrison has held the role of Minister for Immigration and Border Protection having previously been appointed in 2013, where he was responsible for implementing Operation Sovereign Boarders.

Keep in mind that this may also lead to more responsibility for Alex Hawke and Alan Tudge. Mr. Hawke has served as the Assistant Minister of Home Affairs since December 2017. Mr. Tudge is the Minister for Citizenship and Multicultural Affairs and has been one of the more active members within the migration sector.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Sources

We do not own the rights to the picture above.

https://www.homeaffairs.gov.au/about/corporate/ministers

https://minister.homeaffairs.gov.au/peterdutton/pages/welcome.aspx

http://www.abc.net.au/news/2018-08-21/politics-live-malcolm-turnbull-sees-off-peter-dutton-challenge/10146280

https://www.westernadvocate.com.au/story/5597429/malcolm-turnbull-wins-ballot-in-leadership-spill-julie-bishop-to-retain-deputy/

https://www.theguardian.com/australia-news/2018/aug/21/malcolm-turnbull-survives-leadership-contest-peter-dutton

https://www.theguardian.com/australia-news/malcolm-turnbull

https://www.theguardian.com/australia-news/live/2018/aug/21/liberal-leadership-dutton-turnbull-energy

http://www.abc.net.au/news/2018-08-21/malcolm-turnbull-survives-leadership-challenge-from-peter-dutton/10146574

https://www.news.com.au/national/politics/who-are-the-35-people-who-turned-on-malcolm-turnbull-and-voted-for-peter-dutton/news-story/c9b94f7f10d46e8b955b157668f0650c

https://www.workvisalawyers.com.au/news/all/20-000-less-skilled-rsms-and-partner-visas-granted-due-to-new-integrity-measures-from-australian-immigration-department.html

Earlier today news broke that former Adelaide gang leader Vince Focarelli has received a Notice of Intention to Consider Cancellation (NOICC) from the Department of Immigration and Border Protection (DIBP). The Minister of Immigration, Peter Dutton has exercised visa cancellation powers granted to him under section 501 of the Migration Act 1958.

Visa Cancellations in Numbers

Since the power to cancel visas was amended in December 2014, there has been a large increase in visa cancellations compared to the previous period. The number of visas cancelled under section 501 of the Migration Act increased from 76 cancellations in 2013-14 to 983 cancellations in 2015-16. The Commonwealth Ombudsman published a report about the Minister’s new cancellation powers and identified various issues which have placed visa holders facing visa cancellation and deportation various hardships and difficulties. The report also provides a few recommendations which demonstrate the need for the cancellations powers to be exercised with consideration.

Further reading: Increase in Australian Visa Cancellations for Character Reasons such as Criminal Convictions

The latest invitation round for the SkillSelect programme was held on 23 November 2016. During the invitation round occupation group 2335 - Industrial, Mechanical and Production Engineers was placed in the group of occupations that are subject to pro rata arrangements due to high levels of demand. Occupations are placed under a pro rata arrangement to ensure availability throughout the course of the migration programme year. The occupation group includes ANZSCO code 233511 Industrial Engineer, ANZSCO code 233512 Mechanical Engineer and ANZSCO code 233513 Production or Plant Engineer.

According to the invitation round results, industrial engineers, mechanical engineers and production or plant engineers will now need to achieve at least 70 points in the SkillSelect points test to receive an Invitation to Apply (ITA).

Latest pro rata arrangements and cut off for points score

The pro rata arrangement for Invitations to Apply under SkillSelect now applies to:

• ANZSCO Group 2211 Accountants
• ANZSCO Group 2212 Auditors, Company Secretaries and Corporate Treasurers
• ANZSCO Group 2334 Electronics Engineers
• ANZSCO Group 2335 Industrial, Mechanical and Production Engineers
• ANZSCO Group 2339 Other Engineering Professionals
• ANZSCO Group 2544 Registered Nurses
• ANZSCO Group 2611 ICT Business and System Analysts
• ANZSCO Group 2613 Software and Applications Programmers
• ANZSCO Group 2631 Computer Network Professionals

The results for the latest invitation rounds are as follows:

Source: Department of Immigration and Border Protection

Contact Work Visa Lawyers if you need further information about the above.

Sources:

http://www.border.gov.au/WorkinginAustralia/Pages/23-november-2016-round-results.aspx

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The 2016-17 migration programme year is reaching its halfway point as we come to the end of 2016. For the General Skilled Migration programme, this may mean that certain occupations which have received many applications face limitations in receiving Invitations to Apply (ITAs), require higher points to receive ITAs or are unable to obtain state nomination or sponsorship for the year.

It is best to proceed with a visa application as quickly as possible but at the same time you should ensure that all information and documents provided are accurate and relevant to your application. If you need to consider other visa application options please contact Work Visa Lawyers to arrange an appointment to discuss alternatives.

This information is accurate on 8 December 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

The state of Victoria has announced a few updates to their state nomination occupation list and business visa nomination requirements. Here is a summary of the updates.

ICT Occupations no longer available for state nomination

The following ICT occupations are no longer accepted for state nomination from Victoria:

• 135112   ICT Project Manager
• 261111   ICT Business Analyst
• 261112   Systems Analyst
• 261311   Analyst Programmer
• 261312   Developer Programmer
• 261313   Software Engineer
• 261314   Software Tester
• 261399   Software and Applications Programmers nec
• 262111   Database Administrator
• 262112   ICT Security Specialist
• 263111   Computer Network and Systems Engineer

The temporary suspension of sponsorship for the ICT occupations above will last until 6 March 2017.

Occupations removed from Victoria state nomination occupation list

The following occupations are no longer eligible for sponsorship from the state of Victoria:

• 234411 Geologist
• 234412 Geophysicist

Updates to the Business Innovation and Investment visas for Victoria

The Victorian Government has announced the following changes to the business innovation and investment visas nominated by the state government of Victoria.

• Approval from Victorian Government no longer required for change in complying investments
• A new application form for the subclass 888 Significant Investor Visa will be available in early 2017
• Significant investor visa holders nominated by Victoria are reminded to notify the state government when they arrive in Victoria
• The application form for the recently launched subclass 188 Entrepreneur Visa is now available on the LiveInVictoria website
• The factsheet about the Entrepreneur Visa for Victoria is available here
• A new application form for the subclass 888 Investor Visa stream will be available in early 2017

Additionally the Victoria Skilled and Business Migration Programme Department will be closed on the following dates:

• Boxing Day public holiday: Monday 26 December 2016
• Christmas Day public holiday: Tuesday 27 December 2016
• New Year’s Day public holiday: Monday 2 January 2017

Sources:

http://www.liveinvictoria.vic.gov.au/about-us/news#.WEX_m_l9670

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

As 2016 comes to a close State and Territory departments may start looking at planning numbers and introduce a temporary suspension of nomination for certain occupations, or announce higher requirements for occupations which have a high number of applications. Visa applicants are advised to obtain state nomination from the relevant State/Territory as soon as possible before changes are introduced.

This information is accurate on 6 December 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Effective from 19 November 2016, subclass 462 Work and Holiday visa holders will be eligible to apply for a second Work and Holiday visa if they have worked for at least 88 days or 3 months in the specified work.  This specified work usually includes work in agriculture, forestry, fisheries, in regional areas. We do not have the details on what will constitute specified work for the 462 and will do further post on this when it becomes available. 

The subclass 462 Work and Holiday visa is for young travellers aged 18 to 30 from the following countries:

• Argentina
• Bangladesh
• Chile
• China, People's Republic of
• Indonesia
• Israel
• Malaysia
• Poland
• Portugal
• Slovak Republic
• Slovenia
• Spain
• Thailand
• Turkey
• USA
• Uruguay

Please be aware that the subclass 462 (Work and Holiday) visa is different from the subclass 417 Working Holiday visa. With the changes introduced the subclass 462 (Work and Holiday) visa will be on par with the subclass 417 Working Holiday visa which allows for visa holders to apply for a second visa to extend their stay in Australia.

The move will also be a boost to regional Australia tourism and employers who find it difficult to find help in the bush or the outback.

Sources:

https://www.legislation.gov.au/Details/F2016L01696/Explanatory%20Statement/Text

https://www.border.gov.au/Trav/Visa-1/462-

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The change announced is a positive development for the subclass 462 (Work and Holiday) visa, which has been in the shadows of the Working Holiday subclass 417 visa for a long time. The fact that this visa class is limited in numbers to the eligible countries makes this legislative change even more valuable to holders fortunate enough to obtain the visa.

While it is good to see the Department of Immigration and Border Protection (DIBP) introduce changes to assist with the seasonal workforce requirements for northern Australia, it could be more beneficial if the criteria for a second Work and Holiday visa be extended to work done in other parts of Australia as well.

Another possible change that is in discussion at the moment is the increase of the upper age limit for both the subclass 462 (Work and Holiday) visa and the Working Holiday subclass 417 visa from 30 to 35 years of age. Work Visa Lawyers will publish the updates as they become available. Follow us on Facebook or Twitter to get the latest news updates!

This information is accurate on 3 November 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Immigration SA has released the new State Nomination Occupation List (SNOL) for 2016-17. You can look at the occupations available for nomination here.

A quick glance at the new occupation list shows the following:

- Finance Managers, Accountants (on Supplementary Skilled List) showing high availability for now

- ICT occupations require 70 points to be eligible for state nomination

- Café or Restaurant Manager is only suitable for subclass 489 Skilled Regional Sponsored visa sponsorship

- Customer Service Manager also only available for subclass 489 Skilled Regional Sponsored visa sponsorship

- Registered Nurse shows high availability

- Enrolled Nurse only eligible for subclass 489 Skilled Regional Sponsored Visa sponsorship

- Baker, Pastry Chef, Chef and Cook only eligible for subclass 489 Skilled Regional Sponsored Visa sponsorship

- Marketing Specialist and other generic business professionals listed as High Availability on the Supplementary Skilled List

Work Visa Lawyers will be providing further analysis on the SNOL on a later date.

Sources:

1. http://www.migration.sa.gov.au/skilled-migrants/lists-of-state-nominated-occupations

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

This list will be a big shock for cooks and hairdressers that were looking to apply straight for PR through the subclass 190.

Immigration SA may only accept a limited number of applicants for each occupation. You are advised to secure your nomination as soon as possible while there is still high availability.

However please be aware of all visa application requirements before submitting your application, and seek help from a Registered Migration Agent if in doubt.

This information is accurate on 4 July 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.