Australian Immigration Daily News

With COVID-19 pandemic still sweeping much for the world, options for individuals to remain in Australia became more limited (yes, even more limited than they were prior to the pandemic).

With 90 visa subclasses to choose from, one would think that there is a solution to every scenario.  The reality however is quite contrary.  Take example of a student visa applicant, if they want to lodge another student visa in Australia and this is their second onshore application, they will be faced with an additional levy known as STAC or Secondary Temporary Application Charge.  Using the same example, an individual wanting to apply for a student visa whilst holding a Bridging Visa, cannot do so whilst in Australia unless they meet Schedule III criteria (in simple words, they are not a holder of a substantive visa and therefore they cannot lodge another student visa in Australia unless compelling or compassionate grounds exist).

We then move on the secondary issue which are the conditions that many temporary visa holders will have attached to their visa.  This means that there are certain things that they can and cannot do as a holder of that visa.

It was inevitable that COVID-19 would have a rippling effect on Australian Immigration.  With most of the workforce moving to a digital age (or working from home), or worse, being stood down or terminated, this leaves a question as to whether there is any room for Skilled Migration amidst the crisis.

Claims from various sources predict that migration numbers will fall sharply over the coming 12 months and that migration to Australia would have a bleak outlook.  Whilst there are certain merits to such claims (for example, the fact that the migration intake is being reduced) majority of States and Territories are still open for business. 

Why?

As many readers know, I regularly run CPD webinars conducted by Legal Training Australia.  My favourite topic? The Code of Conduct which may on the surface appear to be somewhat reductive, however, when broken down into segments it becomes quite an interesting a challenging subject to teach.  The main question that from the subject are

- what makes a Registered Migration Agent, a Competent Agent?

The National Conference conducted by Migration Alliance was held on Friday 15 November attended by more than 700 migration agents.  

Several vital topics were covered during the session including: 

• TSS visas and transitioning employees to permanent residence
• An update from South Australian government in relation to skilled migration intake
• Representing an applicant at the Administrative Appeals Tribunal
• Presentation by the Orana Region, specifically focusing on DAMA
• An update from Victoria, NSW, BSMQ in relation to business skills as well as skilled migration programme
• Finally, the Mock AAT hearing

It was also a pleasure to host the Department of Home Affairs which provided insightful updates in relation to the new regional skilled visa subclass 491 and 494.  This was followed by an update on Immigration Program Management and Delivery: Skilled and Investment Visas, and Temporary Migration, Update on Global Talent Initiative. Lastly a stern update on provision of unlawful migration assistance and an update on migration advice industry. 

Alarming new statistics relating to processing times for Subclass 189 – Skilled Independent Visas which were recently published by Home Affairs state that 90% of cases take 22 months to finalise (no, this is not a typo).

Migration Alliance received a number of emails expressing concerns over these processing times.  For those who may not be aware, Skill Select process was introduced on 1 July 2012 and was largely a product of prior failed GSM system where due to the large volume of applications lodged with the Department, it became impossible to process these applications. 

Anyone remembers the infamous email sent to GSM applicants asking if they would like to withdraw their GSM application?