Jobs and Skills Australia (JSA) has opened a consultation on the new Core Skills Occupation List (CSOL). The Core Skills is one of the pathways in the Skills in Demand Visa introduced in the Migration Strategy, released in December 2023.

The Core Skills Visa seems set to replace the current 482 employer-sponsored visa and will have similar requirements to the 482 visa. Click here to check the 482 Occupation List.

The Draft Core Skills Occupations List is an important component of Australia's evolving migration strategy. This draft list categorizes occupations into different streams based on their importance to the economy and the current labor demand, providing a structured approach to manage employer-sponsored migration more effectively.

Core Skills Occupation List

The Core Skills Occupation List is being designed to identify occupations that are essential for Australia’s economic health, particularly those that are in shortage and can benefit from employer-sponsored migration. The list is split into three categories:

1. Confident On List – Occupations that Jobs and Skills Australia is certain should remain on the list.

Occupations such as Registered Nurse, Social Worker, and IT Network Administrator are on the Confident On List.

2. Confident Off List – Occupations recommended for removal based on current labor market insights.

Occupations such as Cattle Farmer, ICT Project Manager, and Real Estate Representative are on the Confident Off List.

3. Targeted for Consultation – Occupations that require further input from stakeholders to determine their necessity and priority.

Occupations such as Chef, Cook, Finance Manager, Web Designer, Hairdresser, and Marketing Specialist are on the Targeted for Consultation List.

Public Consultation Open for the Draft Core Skills Occupations List

The draft Core Skills Occupations List is currently open for public consultation, providing a unique opportunity for stakeholders to influence Australia’s migration landscape. Participants can provide feedback through surveys, submissions, and other forms of engagement as outlined by Jobs and Skills Australia.

The consultation process is a critical step in ensuring that the Core Skills Occupations List is well-rounded and effective in meeting the strategic objectives of Australia's migration and labor policies. Engaging in this process is a way for stakeholders to contribute to the policy-making process, ensuring that their voices are heard and their concerns are addressed.

The JSA notes that this is a draft list and further surveys, submissions, bilateral meetings, and qualitative analysis will be undertaken on the list with the closing date for submissions of 10 May 2024.

Guidelines on the timeline for the release of the final list and for lodging submissions are available on the JSA webpage. 

As soon as the Core Skills Occupation List is available, we will update it on our website.

Skills in Demand Visa

The Migration Strategy, released in December 2023, introduced the Skills in Demand Visa. There are three new types of temporary work visas focusing on clear pathways to Australian permanent residency and aiming to alleviate labor shortages. 

The three new pathways are called Specialist Skills, Core Skills, and Essential Skills.

You can find more information about the Skills in Demand Visa here.

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources:

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://www.jobsandskills.gov.au/topics/migration-strategy/draft-core-skills-occupations-list-csol-consultation

In December 2023, the Australian government announced a new Migration Strategy, introducing significant changes to various visa programs, including the Graduate Visa.

The reforms are set to impact many people currently studying in Australia, prospective students, and the education sector, as the substantial reduction in age eligibility could make Australia less attractive for those seeking study opportunities and a pathway to Permanent Residency.

Changes to the 485 Temporary Graduate Visa are proposed to be implemented on the 1^st of July 2024 and include: 

Graduate Work stream

• The Graduate Work stream will be renamed to the Post-Vocational Education Work stream.
• Maximum eligible age will be reduced from under 50 to 35 years of age or under.
• Applicants are allowed to remain for a maximum of 18 months.
• Hong Kong and British National Overseas passport holders who are under 50 years of age will remain eligible.
• Hong Kong or British National Overseas passport holders may be able to stay for up to 5 years.
• Applicants must hold an associate degree, diploma or trade qualification, closely related to their nominated occupation on the Medium and Long-term occupation list.
• Applicants with a degree-level qualification or higher are no longer eligible for this stream and must apply through the Post-Higher Education Work stream instead.

Post-Study Work stream

• The Post-Study Work stream will be renamed to the Post-Higher Education Work stream.
• Maximum eligible age will be reduced from under 50 to 35 years of age or under.
• Hong Kong and British National Overseas passport holders who are under 50 years of age will remain eligible.
• The 2-year extension for selected degrees will be discontinued.

Stay periods:

• Bachelor degree (including honours) – up to 2 years
• Masters (coursework and extended) – up to 2 years
• Masters (research) and doctoral degree (PhD) – up to 3 years.

Hong Kong and British National Overseas passport holders may be able to stay for up to 5 years.

Stay periods for Indian nationals, as agreed in the Australian Indian – Economic Cooperation and Trade Agreement (AI-ECTA), remain as:

• Bachelor degree (including honours) – up to 2 years
• Bachelor degree (with first class honours in STEM, including ICT) – up to 3 years
• Masters (coursework, extended and research) – up to 3 years
• Doctoral degrees (PhD) – up to 4 years.

Second Post-Study Work stream

The Second Post-Study Work stream will be renamed the Second Post-Higher Education Work stream, with no additional changes to the stream.

This visa is designed for individuals holding a Temporary Graduate visa (from the first Post-Study Work stream or Replacement stream) who earned their degree from an Australian institution in a regional area. It allows you to live, work, and study temporarily in Australia.

To apply for this visa you must:

• Be under 50 years of age.
• Currently hold a Temporary Graduate visa in the post-study work stream or have held one previously in the replacement stream.
• Possess a degree from a CRICOS-registered course at an institution in an eligible designated regional area, which was the basis for the first Temporary Graduate visa.
• Have lived in a designated regional area for a minimum of two years prior to applying.

Replacement stream

The Replacement stream will cease.

What can you do now?

With the changes, it seems there will be no transition provisions for those currently studying in Australia who are over 35 years old. Unfortunately, this is particularly concerning as many people over 35 are nearing the completion of their courses and will not be eligible to apply for the Temporary Graduate Visa after July 1st.

Applicants no longer eligible for the Post-Vocational Education Work stream or the Post-Higher Education Work stream due to the age reduction may still qualify for other visas, such as the Employer-sponsored 482 or 494 visas, the 407 Training Visa, or Skilled Visas 189, 190, and 491, among others.

If you are over 35, you might need to explore other potential visa options upon completing your studies. Please book an appointment with us; we are here to help.

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources: 

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/changes

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

What are the 5 best courses to study in Australia in 2024 to obtain Permanent Residency?

Australia is home to 43 universities, some of which are among the world's top 100. Australia is a safe and welcoming country attracting many students who want to settle in Australia and obtain Australian Permanent Residency. So, let's get started!

After completing their studies, there are two main visa paths students can follow to obtain PR:

• Skilled Visa (Subclass 189, 190 and 491)
• Employer-Sponsored 482 and 494 Visas
• DAMAs

The courses we are mentioning have strong options in both paths. If you are interested, please book an appointment here.

Number 5: SOCIAL WORK OR COMMUNITY SERVICES

Social work is becoming increasingly popular for securing permanent residency in Australia.

• A bachelor’s degree in Social Work is usually a 3-year degree with a tuition fee of roughly AUD 18,000 per year.
• Ensure the degree you enrol in is accredited by the Australian Community Workers Association (ACWA).
• Social Work is on the medium-term list and can lead to a Skilled Independent visa or 190 or 491. Employer sponsorship is also an option.
• Under a Ministerial Direction, Social Work currently receives priority processing.
• Skills assessment: The Australian Association of Social Workers (AASW).

Number 4: CARPENTER

With a shortage of houses in Australia, the Government is encouraging the construction of more houses. Carpenters are in high demand in terms of employability:

• Diploma-level qualifications related to Carpentry is a two-year course with a tuition fee of approximately AUD 10,000 per year.
• This is a very good option if you are looking for a trade course that may lead to PR.
• Trade occupations must complete a job-ready program to get a positive skill assessment from TRA with a minimum of 12 months of full-time work experience or equivalent.
• Be aware that graduates of trade courses can only obtain an 18-24 month temporary graduate visa 485.
• Skills assessment: Trades Recognition Australia (TRA).

Here are some common types of carpenters in Australia:

• Joiner carpenter
• Framework carpenter
• Formwork carpenter
• Green carpenter

Number 3: CIVIL CONSTRUCTION DESIGN

• Advanced Diploma in Civil Construction Design is a two-year course with a tuition fee of roughly AUD 12,000 per year.
• One of the advantages of the course is that you can get a skills assessment done by Engineers Australia without any work experience and apply for a 485 Graduate Visa, and then further for any of the GSM visas.
• The occupation related to this course is on the medium- and long-term skills list, which means that this occupation is eligible for all three GSM visas, including 189, 190, and 491.

After obtaining this qualification, potential job roles may include:

• Civil Engineering Technician
• Civil Engineering Design Draftsperson
• Civil Engineering Draftsperson
• Senior civil construction designer
• Structural Engineering Drafting officer
• Road Design Draftsperson

Number 2: TEACHER

 A Bachelor of Teaching is a 4-year degree with a tuition fee of approximately AUD 18,000 per year.

• For those with a relevant degree, a Master of Teaching is a two-year course.
• Teachers are on the medium-term list with several PR application options, and they are also a high priority in processing, similar to Registered nurses.
• Different universities have different admission criteria, so be sure to check with us if you are interested in this course.
• Under a Ministerial Direction, Teaching currently receives priority processing.

Skills assessment: Australian Institute for Teaching and School Leadership (AITSL).

To work as a teacher, you will need to register as a teacher after completing your course.

In-demand teachers in Australia include:

• Early Childhood (Pre-primary School) Teacher
• Middle School Teacher
• Primary School Teacher
• Secondary School Teacher
• University lecturer
• Special Education Teachers

Number 1: REGISTERED NURSES

Registered Nurses have the highest priority in processing.

• Registered nurses are on the medium-term list with several PR application options such as Skilled Visa (Subclass 189, 190, and 491), Employer-Sponsored Visa, and DAMAs.
• A Bachelor of Nursing is a 3-year degree with a tuition fee of roughly AUD 30,000 per year.
• One of the basic requirements for enrolment in this course is an English test result equivalent to IELTS 7 bands in each module.
• Skills assessment: Australian Nursing & Midwifery Accreditation Council (ANMAC).

As a Registered Nurse, you may choose from various specialties, including:

• Aged Care
• Mental Health
• Critical Care and Emergency
• Medical
• Perioperative
• Midwife

GUIDE TO OBTAINING PR AS A REGISTERED NURSE IN AUSTRALIA

Many more course options can provide you with a pathway to permanent residency. Please contact us if you are looking for something that suits your career needs.

In December 2023, the Australian Government introduced in the Migration Strategy the Skills in Demand Visa with three pathways: Specialist Skills, Core Skills, and Essential Skills. The new Skills in Demand visa will replace the Temporary Skills Shortage 482 Visa and provide more flexibility to workers and employers. The Skills in Demand Visa are set to be implemented in late 2024.

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

The South Australia (SA) Regional DAMA and the Adelaide City DAMA have been both extended and expanded.

The SA Regional DAMA now includes 128 new occupations from various sectors including construction, trades, agribusiness, ICT, health, education, and renewable energy.

We submitted suggestions to the Government of South Australia to include certain occupations on the DAMA list. We welcome the inclusion of occupations such as Registered Nurse in Child and Family Health, Registered Nurse in Disability and Rehabilitation, Winery Worker, Sheep Farm Worker, and others on the list.

The 'Winery Worker' occupation is a valuable addition, especially since South Australia has a strong wine industry.

Other important occupations added to the list include Truck Driver, Bricklayer, and Floor Finisher.

This is excellent news for those seeking permanent residency pathways!

Click here to view the 128 new occupations.

Annual nominations

The annual nominations for the SA Regional DAMA have increased from 750 to 2000, valid until June 30, 2025.

Concessions

South Australia continues to offer age concessions up to 55 years, a 10% reduction in the Temporary Skilled Migration Income Threshold (TSMIT), and other concessions in English and work experience.

South Australia DAMA Occupation List

The SA DAMA comes under two agreements which list eligible occupations and concessions available:

• Adelaide Innovation and Technology Agreement: the occupations are restricted to employers in the Adelaide Metropolitan region. The only concession that applies to these occupations is that they all have a pathway to permanent residency, and include an age concession.

• South Australian Regional Workforce Agreement: includes some occupations eligible to employers in the whole of South Australia and some occupations eligible for employers only in the postcode range 5220 to 5734 (non-metropolitan SA). The agreement includes a range of occupation-specific concessions concerning:
  • Skills and experience
  • TSMIT
  • English
  • Age
  • Permanent pathway

Review the lists to see if your occupation is eligible and what concessions apply.

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your DAMA Visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Changing courses can be a strategic move if your goal is to obtain permanent residency (PR) in Australia. The Department of Home Affairs (DoHA) offers a range of immigration or visa options pathways, where certain courses or credentials might carry greater weight and enhance your chances of PR eligibility for international students. 

If you are a student visa holder and you are deciding to switch courses, it's vital to ensure ongoing compliance with the course and visa requirements. Otherwise, your visa may be cancelled.

You need to understand your situation and decide whether you are planning to change the course provider as well or not.

Furthermore, in selected circumstances, it is mandatory to apply for a new student visa (subclass 500).

You would require a new Confirmation of Enrollment (CoE) and/or may require a new student visa, If:

• You are changing the course but staying with the same education provider (e.g. Australian University, School, or College) then you may go ahead (subject to education providers criteria) and do it unless you fall into scenario 1*.
• You are changing the institution as well as the course, then you must have completed at least 6 months with your current education provider. Otherwise, you require a new student visa, refer to scenario 2**.
• The 6-month period is referred to as the principal course of study, also known as the main course of study, which is associated with the initial Student Visa. If the student is enrolled in a package of courses, the principal course is the highest-level course within the package. Refer to Scenario 3***.
• If you are contemplating transferring to a new education provider, it's important that your current education provider assesses or considers your transfer request. Prior to attempting to enroll with a new education provider, ensure you understand your current education provider's transfer policy and the obligations outlined in your written agreement.
• If you are currently enrolled in a non-AQF (Australian Qualifications Framework) course and wish to transfer to an AQF course, there is no requirement to apply for a new student visa, as long you hold a current valid student visa, however, you would require a new CoE. 

Because of the recent changes, concurrent enrollments are now prohibited for international students in the first six months of study. This means that during the initial six-month period, you can only enroll in one course.

*Scenario 1: If you are planning to change from your current course to one of a lower Australian Qualification Framework (AQF) level or a non-AQF level of study, then you must apply for a new student visa.

**Scenario 2: If you are changing both the course and the provider and will not study at the same or higher AQF level or changing from an AQF level 10 course (doctoral degree) to an AQF 9 course (Master’s degree), you would be required to hold a new student visa.

***Scenario 3: If you have enrolled in a packaged course (e.g. a diploma course leading to a Bachelor's program), in general, it implies that you must have completed 6 months of the Bachelor's program (main course), otherwise, you would need to apply for a new Student visa.

Updates to Student and Graduate Visas in Australia: English Requirement and New Genuine Student

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Student Visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Recent changes to Australia's student visa and graduate visa policies signal a significant shift in the landscape of international education and post-study opportunities in the country. Starting from March 23, 2024, these updates include an increase in the English language requirements and the introduction of the Genuine Student Requirement.

English Language Requirement

Student Visas:

• The minimum test score for English proficiency will rise from an IELTS score of 5.5 to 6.0 (or equivalent). For PTE the minimum test score is now 50.
• For those enrolling in ELICOS (English Language Intensive Courses for Overseas Students), the required score will increase from IELTS 4.5 to 5.0 (or equivalent). For PTE the minimum test score is now 36.

Graduate Visas:  

IELTS:

• The English requirements will go up from IELTS 6.0 to 6.5 (or equivalent) with a minimum score of 5.5 for each component of the test (reading, writing, speaking, and listening).

PTE:

• An overall band score of at least 57; for the listening test component a score of at least 43; for the reading test a score of at least 48; for the speaking test component a score of at least 42; and the writing test component of the PTE — a score of at least 51.

Big Impact on the Graduate Visa:

The validity period for the English test has been reduced from three years to just one year prior to the application date, a change that may present challenges for many applicants.

The new Genuine Student Requirement

The Department of Home Affairs has recently updated its website to include crucial information on the Genuine Student (GS) requirement, set to take effect on March 23, 2024. This update aims to provide applicants and stakeholders with a comprehensive understanding of the GS criterion, including what evidence and information should be incorporated into the application. The GS is replacing the Genuine Temporary Entrant (GTE).

What is the Genuine Student Requirement?

The Genuine Student requirement is designed to assess an applicant's intention to genuinely pursue studies in Australia.

Key Factors in Assessing the Genuine Student Requirement

The assessment of whether an applicant meets the GS requirement will consider various factors, including:

Applicant's Circumstances: This can include the reasons for choosing a particular course, the relevance of the course to the applicant's past or proposed future employment in their home country or a third country, and the potential for the course to enhance the applicant's career prospects.

Immigration History: The Department will look into the applicant's previous travel to Australia and other countries, including compliance with visa conditions and the laws of those countries.

Compliance with Visa Conditions and Other Relevant Matters: Any previous history of visa compliance, as well as other matters deemed relevant by the Department, will be taken into account.

Plans to be a Skilled Migration Now Acceptable

The GS criterion also acknowledges that there are post-study pathways available for students who may be eligible, recognizing the potential for students to transition to other visa categories following their studies.

This is a welcome change from the previous GTE requirement, which required the applicant to make a statement about why they desperately wanted to leave after their studies.

Contact us if you need assistance with your Student or Graduate Visas. As soon as we have more updates about the Student and Graduate Visas, we will post them on our website and social media channels: TikTok, Facebook, and Instagram.

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Australia is one of the top choices for foreign students when it comes to education. Although, studying in Australia is incredibly exciting and rewarding for student from all over the world, there are some things a student visa holder should not do while holding a student visa.

Here are 5 such things that a student visa holder should avoid doing:

Working more than permitted:

Student visa holders are allowed 48 hours per fortnight during their course is in session. Students are not allowed to work up until their course starts. Make sure you adhere to these limitations to avoid violating your visa conditions.

Not maintaining health insurance:

Overseas Student Health Cover (OSHC) is mandatory for the duration of your stay in Australia. Ensure you keep your health cover active and up to date to avoid any issues.

Not informing changes in circumstances:

If there are any changes in your circumstances such as change of address, or relationship status, you must inform the Department of Home Affairs within the specified timeframe.

Not attending classes:

Student visa holders are expected to maintain satisfactory attendance in their enrolled courses. Failure to attend classes regularly can lead to visa cancellation.

Not complying with any of the above may have a negative impact on your student visa. In some situations, your student visa may get cancelled.

For any advice specific to your situation, please contact us. We will be happy to help!

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Benefits Australian PR

Many individuals dream of becoming a Permanent Resident in Australia, the famous "Australian PR," which allows people to live and work in Australia, along with a host of other government benefits. Today, we'll explore the top ten benefits that come with holding permanent residency (PR) in Australia.

1. Access to Medicare:

Enjoy the peace of mind that comes with having access to Australia's universal healthcare services, Medicare. Receive medical services from doctors, specialists, public hospitals, and other healthcare benefits with professionals either for free or at a lower cost.

2. Full Working Rights:

As a permanent resident, you have the freedom to work in any job for any employer without restrictions.

In 2022, Australia had the third highest monthly average pay in the world of US$ 4218 per month.

There are some exceptions to what jobs you can get. For example, specific organizations such as the Australian Public Service or Defence Forces may need you to be an Australian citizen for you to work for them.

3. Cheaper Higher Education:

Permanent residents have access to domestic fees, cheaper than international students.

4. Childcare and Education Subsidies:

PR holders can be eligible for childcare subsidies. The Australian Government pays subsidies directly to your childcare provider to reduce the fees you pay for childcare.

Permanent residents also have access to government schools where children can get free education up to the 12th grade. There are some limited admin fees associated with public schools.

5. Social Security Benefits and Centrelink:

Permanent residents of at least two years will in some circumstances be eligible for Centrelink. Centrelink offers social welfare and may be available to you with aid in relation to sickness, unemployment, and study, with potential extensions to family members.

6. Buy property and get a grant:

When you have a permanent residence, you can access a $10,000 grant towards purchasing your first apartment, house unit, or townhouse, simplifying the process of homeownership compared to temporary visa holders.

This contrasts with temporary visa holders who have to get Foreign Investment Review Board approval or FIRB approval and pay a large fee to be able to buy property in Australia.

7. Live and Work in New Zealand:

With Australian permanent residency, you can live, work, and visit New Zealand. You can also buy a house in New Zealand while an Australian permanent resident.

8. Sponsor Family Members:

As a permanent visa holder, you may be able to sponsor your family members such as sisters, brothers, parents-in-law, and others for certain types of visas. Usually short-term visas like visitor visas.

9. Pathway to Australian Citizenship:

To apply for Australian citizenship normally you need to have been a permanent resident for at least one year and to have lived in Australia for at least four years before applying. As an Australian citizen, you're able to do several things, including voting in elections, having an Australian Passport, getting certain jobs, and serving in the defence force.

Children born to permanent residents in Australia are automatically granted citizenship.

10. Live in Australia and have the Freedom to Travel Overseas:

The grant of permanent residency means you will have a permanent visa and can live in Australia permanently without a time limit while you're in Australia.

You will have an initial 5-year grant period travel facility. If you meet the residency requirements, then you can extend the ability to travel through applying for another visa called a ‘Resident Return Visa’ to re-enter Australia. Some people keep renewing their PR and extending their unrestricted travel for the rest of their lives.

Becoming an Australian permanent resident opens a world of opportunities and benefits, providing security, access to essential services, and the chance to build a prosperous future for you and your family.

Need Help Applying for an Australian Visa?

Several visa options can lead to Australian Permanent Residency. If you need assistance applying for visas such as Employer-sponsored, Partner Visa, Global Talent Visa, Skills Visas, or any other visa types, please contact us. As one of Australia's largest immigration law firms, our migration lawyers and migration agents can guide you through the process and permanent visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

You can check the skilled occupation lists and visa processing times.  

Follow us on TikTok and Instagram to receive all the Australian government updates related to Australian PR Visas and visa requirements.

On 22 January 2023, an Australian newspaper, The Australian, published an article entitled, “Quiet chop for ‘golden visa’ scheme”.

The Australian article by Stephen Rice contains inaccuracies. This is article aims to set out the facts and correct the misinformation contained in The Australian article.

Has the Labor Government axed the Business Innovation and Investment Program (BIIP) visa?

 No, the Australian Government has not axed the BIIP visas.

Migration Review and Migration Strategy

A review of the Australian migration system was conducted in 2022-2023, and the Migration Report (the ‘Report’) was released on 21 March 2023.

One of the possible reform directions arrived at by the reviewers is “Better target permanent skilled visas to maximise economic outcomes and remain internationally competitive”.  One of the measures identified to support the possible reform directions is to:

Revisit the allocation of places across the permanent skilled program. In particular, reconsider the size and role of the Business Innovation and Investment Program (BIIP), noting more positive outcomes from the Significant Investor Visa. Consider how to manage the allocation of places to state and territory nominated and regional visas, including possible consolidation of these programs.  ^[1]

During her address to the National Press Club on 27 April 2023, the Minister for Home Affairs, The Hon Clare O’Neil MP, was asked whether the business investment visa subclass 188 A, B, C be removed in the future.  The Hon Minister replied that, “We haven’t said that we will abolish those programs. What we have said is that they need a radical restructure as part of the work that we’re doing and I think this needs to be folded into the broader conversation about highly skilled people who we see as creating the future jobs for Australians and now how we manage them in. It’s not just about what’s called BIV and SIV. This is just the world of acronyms that I live in! It is not just about BIV and SIV. It is about the whole question of that, really quite – drivers of economic growth and how we should think about bringing those people into our country.” ^[2]

Australia’s Migration Strategy was released to the public in December 2023. This Migration Strategy is based on the findings of the Migration Review. The Strategy notes that:

The Migration Review flagged the opportunity to draw on the relative strength of the Significant Investor stream to design a visa product more sharply targeted to select migrants who can drive innovative investments in sectors of national importance or play a valuable role in the venture capital industry.

The Migration Strategy further mentions as an area for future reform:

A new Talent and Innovation visa could create a single, streamlined pathway to attract relatively small numbers of highly talented migrants to Australia, such as high performing entrepreneurs, major investors and global researchers.

As a result of the review, or the current financial year (2023-2024), the Australian government has reduced the allocations for the BIIP program (see Figure 1) and has not allocated these places to any Australian state or territory in order to process the applications on hand.

There has been no ‘axing’ just a pause while the review of the program is being conducted. All indicators point to the fact that the Government will be continue offering visa to highly talented migrants to Australia, such as high performing entrepreneurs, major investors.

Does the business visa program make up a quarter of Australia’s migration allocations?

The first sentence of the article states that “[a] business visa program which makes up a quarter of all the nation’s migration allocations has been quietly axed by Labor ….”   The truth is that in 2022-2023, the Business Innovation and Investment Program (BIIP) was allocated 5,000 places out of 195,000, or 2.56% and for this financial year, 1,900 places out of 190,000 places or 1%. Hardly “a quarter”. 

With enrolment cancellations by institutions and rising refusals, international students have started to feel the impact of the Australian migration strategy released in December 2023, aimed at reducing migration levels.

Universities Cancelling Course Offers for Students

Recent news has revealed that some Australian universities are cancelling enrolment offers to international students. Several universities have taken the extreme step of writing to students whom they had approved but who were still waiting for their visas to be granted, requesting they cancel their enrolment. This is devastating for those who have an offer and are already envisioning their course in Australia. This has already affected many international students, causing frustration and disappointment with the sudden decision.

Why Are Universities Cancelling International Student Offers?

Some institutions have chosen to limit the countries from which they will accept applications to increase their visa approval rate. There are concerns from some universities that they might no longer be classified as low-risk entities by the Department of Home Affairs, affecting their standing and operations.

The migration strategy released in December 2023 included several recommendations for international students, such as increased funding for visa integrity, higher English language requirements, and more rigorous scrutiny of lower-quality education providers by ranking them based on their risk level.

It appears that universities are cancelling admission offers to safeguard their reputation and avoid a high number of visa rejections.

Increase in Student Visa Refusal Rates for Some Countries and Some Institutions

There has been a significant increase in the number of visa refusals, which is expected to rise further in the second half of 2024.

High refusal rates: Over the last 15 years, student visa application approval rates have consistently been above 90%. However, recent government figures reveal a decline to 82% last year, with the approval rate for vocational education even lower, dropping to 70% in the last six months of 2023.

Which countries have higher refusal rates? According to a report by The Australian Financial Review on January 30, 2024, there was a significant decrease in student visa approval rates for applicants from some countries, such as India with a reduction from 73% to 42%, Pakistan from 64% to 30%, the Philippines from 81% to 36%, and Nigeria from 71% to 29% over four months from June to September 2023, as noted by Craig Mackey of IDP Education Australia, an international education company offering student placement in Australia.

Ian Aird, CEO of English Australia, another international education company, mentioned that in October 2023, student visa grants from Colombia were down by 34.79% over the same comparison period in 2022. Approval rates for visa applications for the education provider English Australia, from Thailand and Brazil in October 2024 compared to the year before, also experienced declines, with Thailand's rate dropping by 89.99% and Brazil's by 46.82%.

However, approval rates for countries such as South Korea, China, Singapore, and Taiwan were at 90% or higher, possibly due to financial capacity and genuineness of intention to study.

Why Are There Higher Rates of Student Visa Refusal?

The government aims to reduce the net overseas migration number, from 510,000 in the last year to 375,000 this current year, and then to 250,000, which is regarded as the "normal" level. Much of the reductions will be in student visas.

The student refusals are mostly based on the Genuine Temporary Entrant Criteria (GTE). In many cases, the GTE rejection seems to hinge on the economic status of the student's home country, rather than the individual's qualifications or demonstrated intent to study at the institution.

Unfortunately, it is getting tougher both for education providers and with Home Affairs. If you need any assistance, please contact us.

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources:

https://e.vnexpress.net/news/news/education/australian-universities-cancel-offers-of-enrollment-to-international-students-4712973.html

https://thepienews.com/news/australia-students-awaiting-visas-told-to-withdraw-university-applications/

https://www.afr.com/work-and-careers/education/foreign-students-are-leaving-in-droves-after-visa-crackdown-20240216-p5f5m1

https://monitor.icef.com/2024/02/australia-visa-rejection-rates-spike-as-some-institutions-withdraw-admissions-offers-under-new-migration-settings/

https://www.universityworldnews.com/post.php?story=20240202130927534