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.
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.
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:
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.
2023–24 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.
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.”
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).
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:
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)
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.
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.
The Canadian government has opened a new programme to grant work permits to H-1B visa holder in the US
However, the programme was capped at 10,000 applications and that limit was reached within the first 48 hours after opening
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.
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
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