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.
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:
| 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.
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:
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 |
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
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.
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.”
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:
Features of the 2023—24 program
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.
Link: https://migration.wa.gov.au/our-services-support/state-nominated-migration-program
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 time it takes for us to complete the review process depends on a range of factors, including:
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) |
|---|---|---|
| Bridging | 12 | 372 |
| Family | 918 | 1,595 |
| Nomination/Sponsor approval | 1,301 | 1,393 |
| Partner | 1,313 | 1,693 |
| Permanent business | 1,276 | 1,395 |
| Skill linked | 661 | 1,221 |
| Student cancellation | 302 | 659 |
| Student refusal | 393 | 533 |
| Temporary work | 1,200 | 1,546 |
| Visitor | 318 | 672 |
| Other | 434 | 1,239 |
| Protection | 1,465 | 2,075 |
| Total for migration case categories | 701 | 1,550 |
| Total for protection case categories | 1,465 | 2,075 |
| Total | 1,116 | 2,001 |
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.
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.
Short on time? Here are the highlights:
A recent report from public policy advocacy group FWD.us provides a concise summary of the current situation for foreign graduates hoping to remain in the US to work:
“The United States has come to rely on the temporary H-1B work visa as its main—and sometimes only—high-skilled immigration policy tool…This over-reliance on the H-1B visa program creates choke points in our talent pipeline where skilled individuals either cannot move forward or simply choose to leave. Since 1997, the full H-1B visa cap has been exhausted every year prior to the end of the fiscal year…Simply put, there is a profoundly higher demand for these skilled workers than the current law is able to supply.”
In a surprising twist, the Canadian government moved to take advantage of that demand-supply gap earlier this month when it opened a new work permit pathway for H-1B visa holders.
The H-1B visa holder work permit is “meant to keep highly skilled workers in North America”, and is open to anyone with a valid H-1B visa already living in the US.
The new programme provides successful applicants with an open work permit for up to three years.
An accompanying government statement explains that, “If your passport expires in less than three years, your work permit will expire at the same time as your passport. You can’t get an extension under this initiative, but you may be able to get one under another programme.”
At the time it was first announced, the H-1B visa holder work permit was introduced as a temporary policy that would be in place for one year, or until 10,000 applications were received (whichever came first).
In a rather vivid illustration of the pent-up demand for work visas in the US, that 10,000-application threshold was reached in the first 48 hours after the programme launched.
“This rapid uptake underscores the high demand among U.S. H-1B visa holders for the opportunity to work and live in Canada,” reported The Hindustan Times. “The popularity of the Open Work Permit stream became evident when it reached its maximum capacity within an astonishingly short timeframe.”
As a result, the H-1B visa holder work permit programme is now closed to further applications for the time being. However, the programme has a somewhat experimental, or even “pilot programme”, feel to it. And no doubt policy makers in both Canada and the US, to say nothing of foreign graduates and employers, will be thinking carefully about any other such interactions between Canadian and American visa policy going forward.
2023-24 TASMANIAN SKILLED MIGRATION – STATE NOMINATION PROGRAM UPDATED
Tasmanian Skilled Employment Pathway – all occupations eligible for subclass 190 nomination.
All occupations on the Department of Home Affairs subclass 190 skilled occupations list are now eligible for subclass 190 nomination.
Candidates who have a skills assessment for an occupation listed on the Tasmanian Onshore Skilled Occupation List (TOSOL) are eligible for subclass 190 nomination after six months employment in a closely related role.
Candidates with a skills assessment for an occupation not on the TOSOL are eligible for subclass 190 nomination after 15 months employment in a closely related role.
Subclass 190 Tasmanian Established Resident pathway business income requirement adjusted according to TSMIT changes.
The candidate must have operated a business for at least the last two years with taxable earnings for the last 12 months equivalent to the Temporary Skilled Migration Income Threshold (currently $70,000).
Subclass 491 Tasmanian Business Operator pathway.
The minimum personal taxable income from the business must be at least
$59,500 (85% of TSMIT).
Subclass 491 Tasmanian Skilled Employment Pathway
ANZSCO 4-5 employment must be of at least 12 months duration.
Changes to the Tasmanian Onshore Skilled Occupation List (TOSOL)
Changes have been made to the TOSOL for 2023-24 to reflect changes to Jobs and Skills Australia Skills Priority List for Tasmania.
The 2023-24 TOSOL will be used to determine eligibility for subclass 190 nomination the Tasmanian Skilled Employment – TOSOL Option nomination pathway, and to prioritise registrations of interest in the Migration Tasmania Gateway. It is based upon the Skills Priority List for Tasmania compiled by Jobs and Skills Australia.
Occupations on TOSOL are eligible for subclass 190 nomination in the Tasmanian Skilled Employment pathway after six months of closely related employment in Tasmania. Occupations that are not listed are eligible for subclass 190 nomination in the Tasmanian Skilled Employment pathway after 15 months of closely related employment in Tasmania.
The following occupation groups have been added to the TOSOL for the 2023-24 program year:
1325 Research and Development Managers 2336 Mining Engineers
2339 Other Engineering Professionals
3113 Primary Products Assurance and Inspection Officers 3234 Toolmakers and Engineering Patternmakers
3613 Veterinary Nurses
3623 Sports Turf Managers and Trades Workers 3624 Nurserypersons
3627 Landscape Gardeners and Irrigation Technicians 3921 Print Finishers and Screen Printers
4113 Diversional Therapists 4117 Welfare Support Workers
4523 Sports Coaches, Instructors and Officials 5991 Conveyancers and Legal Executives
The following occupation groups have been removed from the TOSOL for the 2023-24 program year (candidates with employment of 6 months duration with a related skills assessment from these groups will remain eligible for subclass 190 nomination if employment commenced before 1 July 2023):
1211 Aquaculture Farmers
1311 Advertising, Public Relations and Sales Managers 1321 Corporate Services Managers
1351 ICT Managers
2231 Human Resource Professionals 2326 Urban and Regional Planners 2345 Life Scientists
2346 Medical Scientists
2513 Occupational and Environmental Health Professionals 3112 Medical Technicians (eg pathology collector)
3123 Electrical Engineering Draftspersons and Technicians
2421 University Lecturers and Tutors
Changes to priority attributes
These will only apply to ROIs submitted from 1 July 2023.
Family
Removing “passive” family-related attributes (spouse in Tasmania more than 6 months, other family members in Tasmania).
Keeping other “active” attributes (employment, Tas AQF6+ study)
Pay and Salary (including business income)
Updating income thresholds – TSMIT, Australian median earnings, Australian average earnings.
Before 1 July 2023 Post 1 July 2023
$53 900 per year or 27.64 per hour (TSMIT) $65,000 / $33.33 per hour (median earnings)
$62 000 per year or $31.79 per hour (median earnings) $70,000 / $35.90 per hour (TSMIT)
$90 617 per year or $42.62 per hour (average earnings) $94,000 / $48.21 per hour (average earnings)
• Earnings of $94,000 / $48.21 per hour is a Green attribute for all Tasmanian Skilled Employment, Tasmanian Skilled Graduate, Tasmanian Established Resident, Tasmanian Business Operator pathways
• Other income thresholds remain Orange attributes
Tasmanian Skilled Graduate
Additional Green attributes
• “You have completed 2 years of your PhD in Tasmania, or 1 year after completing your undergraduate study in Tasmania.”
• Graduate program offer – extension of qualifying period to within 12 months of graduation
“You have an offer for, but have not yet commenced in, a graduate employment program.
Tasmanian Established Resident – subclass 491
Additional Green attributes
• employed in Tasmania for last 2 years in a skilled role (ANZSCO 1-3) directly related to your skills assessment.
• employed in an ANZSCO 1-3 role in Tasmania for at least the last 3 months directly related to your skills assessment or Tasmanian study.
Additional Orange attributes
• You have been employed in Tasmania for at least the past 3 months in an ANZSCO 1-3 role in the same industry as your skills assessment.
• You have completed an AQF 6 or higher qualification with a Tasmanian education provider in Tasmania.
Tasmanian Established Resident – subclass 190
Additional Green attribute
• employed in an ANZSCO 1-3 role in Tasmania for at least the last 3 months directly related to your skills assessment or Tasmanian study.
Additional Orange attribute
• You have completed an AQF 6 or higher qualification with a Tasmanian education provider in Tasmania.
#VisaSuccess #EMKGlobal #AUS #Studentsubclass500
Congratulations 𝐉. 𝐇𝐮𝐬𝐬𝐚𝐢𝐧 for the approval of a 𝐒𝐭𝐮𝐝𝐞𝐧𝐭 𝐒𝐮𝐛𝐜𝐥𝐚𝐬𝐬 𝟓𝟎𝟎 𝐕𝐢𝐬𝐚 𝐠𝐫𝐚𝐧𝐭!
Visa Grant Date: 03 June 2023
Student visa granted in 2 working days – overstayed 28 days
Hussain was rushed to see our team last Thursday because he noticed that his student visa was already expired and he accidentally stayed unlawfully in Australia for the last 4 weeks.
We analysed his situation and promptly assisted him to submit a new student visa in no time. Our professional team assisted Hussain to explain and justify his negligence to the Department and at the same time applied for a Bridging visa for him.
We are so pleased that Hussain could be granted a new student visa in just 2 working days! We wish him the best of luck with his study at King’s Own Institute.
Students, remember to check your visa expiry date carefully and renew your visa on time to avoid future complications.
Contact EMK Global if you are accidentally in a similar situation or you would like us to assist with your visa and migration goals in Australia.
Book a consultation with our registered migration agent and dedicated counsellors via this link: https://shorturl.at/dhnOZ
#VisaSuccess #EMKGlobal #AUS #Studentsubclass500
Congratulations 𝐒. 𝐌. 𝐙. 𝐒𝐡𝐚𝐡 for the approval of a 𝐒𝐭𝐮𝐝𝐞𝐧𝐭 𝐒𝐮𝐛𝐜𝐥𝐚𝐬𝐬 𝟓𝟎𝟎 𝐕𝐢𝐬𝐚 𝐠𝐫𝐚𝐧𝐭!
Visa Lodgement Date: 02 June 2023
Visa Grant Date: 03 June 2023
Bachelor of Community Services course at Stott’s College
2nd student visa extension – onshore
The student came to Australia in 2021 to study Leadership and Management course. However, the study became harder when COVID-19 hit and the student could not keep up with his study. After 2 terms, he decided to withdraw this course and change to study Diploma of Community Services course at Trinity Institute.
However, their program is not ACWA accredited. Therefore, he came to see our Education Team and had professional advice from us to change to a better provider. Finally he chose Bachelor of Community Services at Stott’s College as this course is ACWA accredited.
With less than 24h of visa lodgement, the student has been granted a new student visa to pursue his study.
Should you need any assistance to enrol in your desired programs, apply for an Australian visa or seek for migration advice, our expert team is just one click away.
