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What Does the New Financial Year Look Like for Skilled Migration?

The government is shifting the composition of Australia’s permanent skilled migrant intake for 2022-2023 moving back towards selecting younger, skilled migrants best to succeed in Australia.  At the same time the total number of skilled visas on offer will rise shifting back to the model of pre-pandemic days.

Labour’s platform all through the Federal Election was not wishing to leave genuine skilled visa holders on temporary visas and making certain that there is a pathway to permanent residency.  There is a preference for permanent residency and securing people’s future who are working in Australia.

As reported previously, from 1 July 2022 there is significant changes for Subclass 482 visa holders working in occupations on the Short-term Skilled Occupation List providing those who remained working in Australia throughout the pandemic a pathway to residency.

Fee Increases

Government fee increases from 1 July by 3% for all visa application charges.

For example, applying for a 186 or 190 skilled visa will increase from $4115 to $4240 for the main applicant and from $2060 to $2120 for a secondary dependent.

AAT fees will not increase from 1 July.

Permanent Pathway for TSS 482 Visa Holders

From 1 July 2022 there is a raft of changes for Subclass 482 holders on the Short-term occupation list.

You will be able to apply for a third Subclass 482 visa onshore without departing Australia if you were in Australia as the holder of a Subclass 482 visa in the short-term stream for a minimum 12 months between 1 February 2020 and 14 December 2021 and you make a further application prior to 1 July 2023.

As advised previously from 1 July 2022, employers will be able to nominate short-term Subclass 482 TSS visa holders for permanent residency under the Employer Nomination Scheme (ENS), temporary transition stream.  As long as the 482 TSS visa holder:

  1. Was in Australia for a minimum 12 months between 1 February 2020 and 14 December 2021; and
  2. Meets the criteria for the ENS under the temporary transition stream, including any COVID concessions

The grandfathering period for those who held, or had applied for, a Subclass 457 visa as of 17 April 2017 has also been extended.

No More JobActive for Labour Market Testing

Are you frustrated with having to post your advertisements, as part of the TSS 482 nomination process, with JobActive only requiring to go through a Director’s personal MyGov Account to post a vacancy?!

Well, Job Active will be no more from July.

You will still need to advertise the position on the government platform; however, JobActive is being replaced by Workforce-Australia that will come into effective from 4 July 2022:

https://www.dese.gov.au/workforce-australia/workforce-australia-employment-services

A common-sense approach is being taken for advertisements that have commenced on JobActive and won’t be finished by 4 July 2022.  We’ve been advised that changes in the legislation will occur to accommodate the changeover to Workforce Australia.

Will Processing of Skilled Visas Fasten Up?

It was announced that as of 1 July 2022 there will be a budget for a recruiting more staff for the  Department of Home Affairs.  However, as we’re aware with new recruitment comes training which takes time to bring case officers up to speed so don’t expect any immediate change to efficiency.

The Department provided the most recent statistics related to the employer sponsored visa programs:

Currently there are approximately 22,000 TSS applications on hand – with approximately 16,000 of those being visa applications.

The age of applications is as follows:

The Skilled Migration Section reported that the current Ministerial Directions (MD) are affecting the processing timeframes for some applications. Ministerial Direction no. 97 – Order of Priority Allocation within the Subclass 482 (Temporary Skill Shortage) visa program and Subclass 457 (Temporary Work (Skilled)) visa program is creating a gridlock for applications processing.

This MD prioritises six categories of applications for processing.

The average time taken for assessment for:

Category ‘A’ – PMSOL (Priority Migration Skilled Occupation List) occupations – 30 days with agriculture and health occupations being given the highest priority, all remaining categories are at 50 days.

Applications being processed are approximately 50% for onshore applicants and 50% for those offshore.

Nomination transfers – should be approve within 7-10 days.

Unfortunately, despite the Ministerial Direction not currently being fit for purpose, the Direction is binding on decision makers and must be followed.

We’re hoping to have an update on this from the Minister very soon.

Do you need assistance with your skilled visa requirements?  Please get in touch with our office on 02 9419 5411 or email through to [email protected]

 

Published Mon 27 June 2022.

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