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Yearly Archives: 2023

August 31, 2023
August 31, 2023

The Albanese Labor Government will close the Pandemic Event visa from February 2024, providing certainty as its necessity wanes. The visa is limited to existing holders from 2 September 2023, promoting integrity. This action, alongside other measures, supports Australia’s post-pandemic recovery and migration system improvement, addressing backlog and delays.

August 31, 2023

A new study by EnglishUSA and BONARD based on a survey of 289 English language programme providers (ELPs) provides a comprehensive look at the state of the English-language training sector in the US.

The US is now the third-largest destination for English-language study, in terms of numbers of students hosted, after Australia and the UK. As we see in the chart below, the total volume of ELP student weeks in the US was comparable to that of the UK and Canada, but still lagging behind the global leader, Australia. The reports adds, “According to the global data for 2022, it is evident that the majority of destinations saw a consistent resumption of student mobility. The global ELP sector recovered 65-70% of its 2019 levels.”

ELP student weeks by destination, 2018–2022. Source: EnglishUSA/BONARD

ELP student weeks by destination, 2018–2022. Source: EnglishUSA/BONARD

The 2022 Annual Report on English Language Programs in the USA is the first of its kind and is intended to be a benchmark against which future iterations of the survey can be compared. It will complement the data collected by other established sources, such as IIE’s Open Doors surveys and SEVIS by the Numbers reports, by drilling down into enrolment details such as age groups, student sources, course types, visa types, and more.

There was robust participation in the EnglishUSA/BONARD study among US ELPs that have been clamouring for more specific data with which to understand their audience and refine their recruitment strategies. Most respondents (61%) were EnglishUSA members. Overall, EnglishUSA says there were 750 active ELPs operating in the country at the time of the survey.

Cheryl Delk-Le Good, EnglishUSA’s executive director, says that a steady recovery of ELP enrolments is underway, but that the pace of recovery is not consistent across the country – and is constrained to some degree by a high rate of visa refusals for English-language students applying to the US relative to those applying to other types of programmes.

The survey also highlights the huge contribution of the ELP sector to the US economy: an estimated US$1 billion, of which US$800 million is accounted for by the business of the 289 survey participants. On average, students spend US$1,060 per week on tuition and other expenditures and US$10,695 for their entire stay in the US.

The findings

The 289 responding programmes enrolled 70,580 students in 2022. Those students collectively studied for over 714,000 student weeks, with an average stay of 10.1 weeks. Most students in US ELPs are adults (84%), with the junior segment responsible for just 16% of enrolments. This is not surprising given the distance that students from the top three markets – Japan, France, and China – are travelling to attend US ELPs. The top five sending markets for 2022 are as follows:

  1. Japan (8,695 students)
  2. France (6,070 students)
  3. China (4,885 students)
  4. Colombia (4,020 students)
  5. Brazil (3,885 students)

Students are much more likely to book their programmes directly with an ELP (45%) than any other way, though agents send a significant proportion of students as well (25%). Fewer are likely to enrol on the basis of word of mouth (12%) or institutional agreements (10%).

Ms Delk-Le Good considers the agent channel to be “still underused and misunderstood in the US” and says “EnglishUSA is working on changing this perspective [to encourage] working with all types of partners.”

Visa issues persist

While visa processing times are improving and visa approvals are up over 2019, Ms Delk-Le Good said what “cannot be ignored is the high rate of denials to applicants applying for an English language programme.”

Most ELP students chose the F-1 visa route (62%). The next largest group was those who for various reasons did not need a visa (25%). Only 6% used the B-1 route.

Student visa denials were far and away the most cited challenge by survey respondents (67%), followed by “the lingering effects of COVID-19” (50%), and visa processing times (also 50%).

Ms Delk-Le Good echoed respondents’ frustration about high visa rejection rates, noting the role that the ELP sector plays in the overall international education industry in the US. The health of the sector – in the US and elsewhere – has a direct bearing on college and university enrolments given that it is often the first type of programme international students enrol in before going on to study at other levels. In a follow-up comment to ICEF Monitor, Ms Delk-Le Good added:

“Since the time of the data collection period, visa processing times have improved overall and members have not reported long visa appointment wait times for their students. Although there are still anecdotes of lower priority being given for English language students when requesting an expedited visa appointment.

[In addition,] members continue to report F-1 visa denials for bona fide students with strong credentials and there are still some countries for which our members report having higher numbers of denials than what should be considered typical.

EnglishUSA will continue to advocate to the Department of State Consular Affairs officers that attendance at English language programmes is not in itself a reason for refusing a student visa application. F-1-approved schools should be treated as equal.

The economic impact of our sector may appear small within international education as a whole, but our government leaders need to acknowledge that English language programmes are all accredited and meet the requirements for F-1 visa approval. Schools in turn follow the SEVP procedures and vet candidates to the best of their ability before issuing the F-1. There is no reason these students should be treated as any less serious about their studies or that these schools should be treated as any less rigorous.”

Source: Icef Monitor

See more: https://monitor.icef.com/2023/08/steady-recovery-underway-for-us-english-language-training-sector-but-visa-issues-persist/

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August 28, 2023

Joint media release with the Hon Jason Clare MP and the Hon Brendan O’Connor MP

The Albanese Government is today announcing a package of measures to support integrity in the international education system and to support genuine international students.

International education is our fourth largest export industry and maintaining the quality and integrity of this sector is critical for the Australian economy and our relationships in our region.

The Government has closed a loophole which allows education providers to shift international students who have been in Australia for less than six months from genuine study to an arrangement designed to facilitate access to work in Australia.

There has been a sharp uptake in the use of the concurrent function in 2023 – in the first half of 2023, 17,000 concurrent enrolments were created, compared to approximately 10,500 for the same period in 2019 and 2022 combined.

Recent investigations have identified this misuse of ‘concurrent enrolment’ as an integrity issue for the international sector.

This change takes effect immediately.

The Government will also increase the amount of savings international students will need in order to get a student visa. This requirement has not been indexed since 2019 and needs to increase to reflect higher living expenses. From October 1 2023, international students will need to show evidence of $24,505 in savings, which is a 17% increase on current levels. This increase accounts for indexation since 2019.

This change will ensure students coming to Australia to study can afford to support themselves and will not face increased risk of exploitation due to an urgent need for employment.

The Government will apply additional scrutiny to high-risk cohorts and ask for additional documents to prevent fraud in applications.

The Government will also consider using its powers under Section 97 of the Education Services for Overseas Students Act (ESOS Act) to issue suspension certificates to high-risk education providers. A suspension certificate means providers would not be able to recruit international students.

This would be the first time an Australian Government has used this power and reflects how seriously the Albanese Government takes the issue of dodgy providers. The Government will immediately begin consulting on possible regulations to set clear grounds for the use of suspension certificates, such as application rates with fraudulent documents and provider refusal rates. The Government is particularly concerned about more than 200 providers that currently have visa refusal rates higher than 50%.

The Government is considering further measures to strengthen integrity in the international education system as part of the Migration Strategy, which is due to be released later this year.

Quotes attributable to Minister for Education Jason Clare:

“International student numbers are almost back to where they were before the pandemic. That’s a good thing. International education is an extraordinarily valuable national asset.

“But there are also challenges in international education.  As students have come back, so have some dodgy and unscrupulous players who are trying to take advantage of them.  

“This change will work to stop predatory ‘second’ providers from enrolling students before they have studied for the required six months at their first provider.

“This will help ensure the integrity of one of our biggest exports while cracking down on dodgy operators.” 

Quotes attributable to Minister for Skills and Training, Brendan O’Connor:

“These changes reflect our determination to strengthen the integrity of the VET sector.

“Nine out of 10 future jobs will require a post-secondary qualification and VET is a vital pathway to secure jobs. We are committed to lifting perceptions of VET and this is an important step to do that.

“Ensuring we have a fit for purpose VET sector is critical in responding to skills shortages, and teaching and training our existing and future workforce.

Quotes attributable to Minister for Home Affairs Clare O’Neil

“International education is our fourth largest export – it’s essential that we maintain our global reputation for quality education. Our government has no tolerance for people who exploit students.”

“Our message is clear – the party is over, the rorts and loopholes that have plagued this system will be shut down.”

Source: Minister of Home Affairs, Saturday 26 August 2023
See more: https://minister.homeaffairs.gov.au/ClareONeil/Pages/action-end-rorts-international-education.aspx

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August 25, 2023

The Commonwealth Government has provided an unexpected and substantial reduction in visa nomination allocations for South Australia’s General Skilled Migration (GSM) program in 2023–2024.

Recently, the Commonwealth Government provided advice of its decision to significantly reduce visa nomination allocations for South Australia’s General Skilled Migration (GSM) program in 2023–24.

An allocation of 2,300 nomination places has been provided, which contrasts with the 8,800 places allocated to the State in 2022–23.

We will continue to support South Australia’s priority industries with the limited places available, including our focus on attracting overseas skilled migrants in critical sectors such as Health and Defence.

Further information about the 2023–24 GSM program will be announced shortly, and GSM applications from the 2022–23 financial year will be finalised in the coming weeks.

As is the case with all states and territories, the Commonwealth Government has not provided South Australia with any nomination places for the Business Innovation and Investment Program (BIIP) in 2023–24.

Business or investor migrants who already hold a provisional visa (subclass 188) can apply for nomination for the extension stream or permanent (subclass 888) visa in 2023–24 as these are not subject to a cap.

August 25, 2023
August 25, 2023

The Australian Government has allocated 600 places each for the Skilled Nominated (subclass 190) and Skilled Work Regional (subclass 491) visas for Tasmania in the 2023-24 program. No new allocations are provided for the Business Innovation and Investment Program due to a high number of pending applications from the previous year. Pending applications will be processed, and current caseload details are provided.

August 24, 2023
August 24, 2023

The Department of Home Affairs remains committed to processing on-hand partner visa applications as a priority.

The Department has recently welcomed additional staff across our global network who have provided a significant uplift to our visa processing capacity.

In the past 12 months the Department processed more than 33,500 first stage and 21,600 second stage partner visas.

August 24, 2023

On 9 May 2023, the Australian Government announced that the planning level for the 2023-24 permanent Migration Program will be set at 190,000 places.

The 2023-24 Migration Program has been designed to address persistent and emerging skills shortages and support the transition to a net-zero emissions economy by attracting specialist skillsets that are difficult to find or develop in Australia. The Program has the following composition:

  • Skill stream (137,100 places) – this stream is designed to improve the productive capacity of the economy and fill skill shortages in the labour market, including those in regional Australia.
  • Family stream (52,500 places) – this stream is predominantly made up of Partner visas, enabling Australians to reunite with family members from overseas and provide them with pathways to citizenship. Of this stream:
    • 40,500 Partner visas are estimated for 2023-24 for planning purposes, noting this category is demand driven and not subject to a ceiling.
    • 3,000 Child visas are estimated for 2023-24 for planning purposes, noting this category is demand driven and not subject to a ceiling.
  • Special Eligibility stream (400 places) – this stream covers visas for those in special circumstances, including permanent residents returning to Australia after a period overseas.

Migration Program planning levels as announced as part of the 2022-23 and 2023-24 Federal Budgets

VISA STREAM VISA CATEGORY 2022-23 PLANNING LEVELS 2023-24 PLANNING LEVELS
Skill Employer Sponsored 35,000 36,825
  Skilled Independent 32,100 30,375
  Regional 34,000 32,300
  State/Territory Nominated 31,000 30,400
  Business Innovation & Investment 5,000 1,900
  Global Talent (Independent) 5,000 5,000
  Distinguished Talent 300 300
  Skill Total 142,400 137,100
Family Partner1 40,500 40,500
  Parent 8,500 8,500
  Child1 3,000 3,000
  Other Family 500 500
  Family Total 52,500 52,500
  Special Eligibility 100 400
  Total Migration Program 195,000 190,000

1 For 2023-24, delivery of the Partner and Child visa categories are demand driven, with indicative planning levels only.

Program size and composition

The size and composition of the Migration Program is set each year alongside the Australian Government’s Budget process.

To inform the planning levels and policy settings of the 2023-24 Migration Program, consultation occurred widely with state and territory governments, representatives of academia, industry, unions and community organisations.

When planning the Migration Program, the Australian Government considers​ the following:

  • Public submissions
  • Economic and labour force forecasts
  • International research
  • Net overseas migration, and
  • Economic and fiscal modelling.

202​3–​24 state and territory nomination allocations

Nomination allocations are the number of new primary applicants each state or territory can nominate in a program year. New applications are added to the existing on-hand caseload in these visa categories.

Nomination allocations do not reflect the total number of visa applicants in these categories and do not limit the number of visas able to be granted in these visa categories.

The Department processes existing on-hand applications and new applications nominated by a state or territory in line with the permanent Migration Program planning levels and skilled visa processing priorities.

State Skilled Nominated (Subclass 190) visa Skilled Work Regional (Subclass 491) visa Business Innovation and Investment Program (BIIP)*
ACT 600 600 0
NSW 2,650 1,500 0
NT 250 400 0
QLD 900 650 0
SA 1,100 1,200 0
TAS 600 600 0
VIC 2,700 600 0
WA 1,500 850 0
Total 10,300 6,400 0
2023–24 state and territory nomination allocations

Below is a comparison of the 2023–24 state and territory nomination allocations against the 2022–23 state and territory nomination allocations. In summary, there has been a drastic decline of more than 70% in this financial year’s allocation number as compared to the previous year.

Source: Department of Home Affairs

See more: https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

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August 23, 2023

Kudos to Mr. Muhammad F. T. on securing a triumphant transition from a visitor visa (subclass 600) to a student visa (subclass 500). Armed with two master’s degrees, he aspires to further diversify his expertise by pursuing an IT master’s in Australia, facilitated by a Pre-Master’s program. Our adept assistance has also garnered him a remarkable 35% scholarship for his two-year full-time academic journey.

August 15, 2023
August 15, 2023

The Minister for Immigration, Citizenship and Multicultural Affairs, Andrew Giles, has announced that the number of people resettled in Australia’s Humanitarian Program will increase from 17,875 to 20,000 per year.​

This commitment will help ensure Australia plays its part in responding to the global humanitarian crisis, at a time where more than 100 million people are forcibly displaced and more than 2 million people are in urgent need of resettlement worldwide.

The Albanese Labor Government is delivering a humanitarian program that provides refugees with certainty and security as they rebuild their lives in Australia and contribute to our economy and society.

The Albanese Government is committed to securing our borders, while maintaining our sense of humanity and responsibility.

Australia’s Operation Sovereign Borders policy architecture remains unchanged. Anyone who attempts an unauthorised boat voyage to Australia will be turned back to their point of departure, returned to their home country or transferred to another country.

All non-citizens who are found to not engage Australia’s protection obligations and have exhausted all avenues to remain in Australia are expected to depart as soon as possible.

Quotes attributable to Minister for Immigration, Citizenship and Multicultural Affairs Andrew Giles

“The Albanese Government reaffirms its commitment to those in need with an increase in our Humanitarian Program annual intake. This responsibility extends beyond their arrival, by providing robust support to refugees to ensure they are well equipped to settle into Australia and rebuild their lives with certainty.

“With more people displaced worldwide than ever before, the Albanese Labor Government is stepping up to play its part in the global resettlement effort in a responsible way. 

“Refugees have provided an invaluable contribution to our country- from Awer Mabil to Anh Do, Tan Le to Frank Lowy.” 

August 12, 2023

New rules for financial year 2023/2024 WA

WA Migration Services, on behalf of the WA State Government, provides WA State nomination to eligible applicants for two visa subclasses, which gives you extra points on the Department of Home Affairs points test:

  • the Skilled nominated visa (subclass 190) — an extra five points; or
  • the Skilled work regional (provisional) visa (subclass 491) — an extra 15 points.

Features of the 2023—24 program

  • no application fee;
  • equal invitation ranking for Interstate and Overseas candidates;
  • prioritised invitations for candidates with an occupation in a WA industry sector with critical demand for skilled workers; and
  • reduced employment requirements for candidates invited through a WA building and construction industry sector occupation.

Eligibility requirements

If you would like to be considered for an invitation for State nomination, your occupation will need to be eligible under the following streams.

  • General stream— A skilled migration pathway for a range of occupations and industry categories. Eligible occupations are listed on the WA Skilled migration occupation list (WASMOL) Schedule 1 or 2.  
  • Graduate stream— A skilled migration pathway for eligible international students who are completing vocational education and training (VET) or higher education qualifications in WA. Eligible occupations are listed on the Graduate occupation list (GOL).

Link: https://migration.wa.gov.au/our-services-support/state-nominated-migration-program

August 7, 2023

​​​​​​​​​​Australian aged care providers can now apply to access the new Aged Care Industry Labour Agreement. The Aged Care Industry Labour Agreement streamlines the recruitment of qualified direct care workers from overseas to work in the aged care sector. Employers can use this where appropriately qualified Australians are not available.

To access this labour agreement, employers must first enter into a Memorandum of Understanding (MoU) with the relevant industry union(s).


The purpose of the Aged Care Industry Labour Agreement

You can use the Aged Care Industry Labour Agreement to:

  • Sponsor overseas workers for the Temporary Skill Shortage (subclass 482) visa in direct care occupations such as:
    • Nursing Support Worker
    • Personal Care Assistant
    • Aged or Disabled Carer

      You need to have made recent and genuine attempts to recruit workers from the domestic workforce pool.
  • Sponsor overseas workers for permanent residence under the Employer Nomination Scheme (subclass 186) visa program. Workers must have at least two years of full time work experience in Australia in a relevant direct care occupation. The two years of work experience is not tied to a particular employer or visa subclass.

Applying for the Aged Care Industry Labour Agreement

To access the Aged Care Industry Labour Agreement, aged care providers must first enter into an MoU with the relevant unions(s):

Once the MoU is established, aged care providers can submit the labour agreement request to the Department of Home Affairs. Online labour agreement request forms are available in ImmiAccount.

For more information about entering into an MoU, contact your relevant industry union.

To learn more about labour agreements, see Labour agreements. You can also email labour.agreement.section@homeaffairs.gov.au.

Aged Care Industry Labour Agreement terms and concessions

  • Access the following concessions to standard skilled visa requirements:
    • two year pathway to permanent residence through the Employer Nomination Scheme
    • streamlined visa nomination and priority visa application processing
    • no post qualification work experience requirement
    • English language concessions for workers with relevant community language skills
    • annual salary of at least $51,222 AUD or the Australian Market Salary Rate, whichever is higher.
  • Key visa application requirements:
    • hold a relevant AQF Certificate III or equivalent, or higher qualification. You can also have 12 months of relevant work experience or part time equivalence.
    • obtain a positive skills assessment from the Australian Nursing and Midwifery Accreditation Council or the Australian Community Workers Association if you obtained your qualifications overseas. This also applies if you claim work experience in lieu of the formal qualifications.
    • have an English language proficiency level of at least IELTS 5.0 or equivalent. Workers with target community language skills employed by culturally and linguistically diverse aged care providers need at least IELTS 4.5 or equivalent.

We will consider labour market testing requirements satisfied once aged care providers have entered into an MoU with the relevant union(s).

Skill and qualification requirements will differ from those stipulated in ANZSCO. These will be specified under the terms of each Labour Agreement.

August 7, 2023

The time it takes for us to complete the review process depends on a range of factors, including:

  • the number of applications we receive
  • the number of members available to conduct reviews
  • the type of decision under review
  • the strategies we have in place for dealing with different caseloads
  • the complexity of the review.

As outlined in previous Annual Reports, applications for reviews in the Migration and Refugee Division have more than doubled in recent years (see our Statistics). We have been unable to keep pace with the increased workload with the resources available to us. This has impacted on how long it takes us to complete reviews. 

The following table shows the time taken to finalise reviews in a recent six-month period. The two columns below represent the time in calendar days that 50% and 95% of cases were finalised within, in the specified period.

These statistics are a general guide only, and we cannot guarantee that we will finalise any individual review within these timeframes.

 

Processing times in calendar days for reviews finalised between 1/12/22 and 31/05/23

Case category

50% of cases finalised within (days)

95% of cases finalised within (days)

Bridging12372
Family9181,595
Nomination/Sponsor approval1,3011,393
Partner1,3131,693
Permanent business1,2761,395
Skill linked6611,221
Student cancellation302659
Student refusal393533
Temporary work1,2001,546
Visitor318672
Other4341,239
Protection1,4652,075
Total for migration case categories7011,550
Total for protection case categories1,4652,075
Total1,1162,001

Note: 

These figures do not include cases where the Tribunal found it did not have jurisdiction to review the decision or cases that were withdrawn. These are usually finalised more quickly than other reviews. 

Can the review be processed as a priority?

The President’s Direction on Prioritising Cases in Migration and Refugee Division sets out the circumstances in which cases are prioritised. You can ask us to process the review as a priority by writing to us, fully explaining your reasons and providing supporting evidence.

Additionally, the Migration and Refugee Practice Direction outlines the strategies we have in place for dealing with different caseloads, including what types of cases may be eligible for expedited processing.