Direction No 82 provides priority processing by allowing a Sponsor to become an approved sponsor with accredited status. The new Direction commenced on 27 March 2019 but has just been added to LEGENDCom. It includes the following provisions: Order for considering applications Paragraphs (a) to (d) of this item, set out the order of priority for considering TSS nomination and visa applications and subclass 457 nomination and visa applications (that is, the priority to be awarded when allocating such applications for assessment by a decision-maker), with paragraph (a) being the highest priority and paragraph (d) being the lowest priority: (a) nomination applications lodged by approved sponsors with Accredited Status and related visa applications; (b) nomination applications lodged for positions that are located in a regional Australia (as defined in subregulation 5.19(16) of the Regulations) and related visa applications; (c) nomination applications lodged under the Labour Agreement stream of the TSS visa program (subclass 482 visa); (d) all other nominations and visa applications lodged under the TSS visa program (subclass 482 visa).
Direction No 81 sets the order of processing of applications for visa subclasses 186, 187, 189, 190 and 489 and sets the order of processing of nomination applications for visa subclasses 186 and 187. The new Direction commenced on 27 March 2019 but has just been added to LEGENDCom. It includes the following provisions: Order for considering nominations The following processing priorities (with highest priority listed first) should be given due regard to in relation to nominations for visas that are specified in Schedule A and Schedule B. a)nominations lodged on or after 18 March 2018; b) nominations lodged before 18 March 2018. Within these priorities, the following processing priorities should be given due regard: a) nominations lodged in relation to a Subclass 186 (Employer Nomination Scheme) visa by an employer who is a party to a labour agreement under a Designated Area Migration Agreement or a Global Talent Scheme agreement; b) nominations lodged in relation to a Subclass 187 (Regional Sponsored Migration Scheme) visa. Within this priority, nominations lodged by approved sponsors with Accredited Status should be given precedence; c) nominations lodged in relation to a Subclass 186 (Employer Nomination Scheme) visa where the nominated position is located in regional Australia. Within this priority, nominations by an approved sponsor with Accredited Status, and nominations lodged by a party to a labour agreement not mentioned in paragraph (a), are to be given precedence; d) all other nominations. Within this priority, Subclass 186 (Employer Nomination Scheme) nominations by an approved sponsor with Accredited Status, and nominations lodged by a party to a labour agreement not mentioned in paragraphs (a) or (c), are to be given precedence. Order for considering visa applications The following processing priorities (with highest priority listed first) should be given due regard to in relation to applications for visas that are specified in Schedule A and Schedule B: a)applications lodged on or after 18 March 2018; b)applications lodged before 18 March 2018. Within these priorities, the following processing priorities should be applied: a) visa applications for a Subclass 186 (Employer Nomination Scheme) visa where the applicant is nominated by an employer who is a party to a labour agreement under a Designated Area Migration Agreement or a Global Talent Scheme agreement. b) visa applications for a Subclass 187 (Regional Sponsored Migration Scheme) visa. Within this priority, visa applications where the applicant is nominated by an approved sponsor with Accredited Status are to be given precedence; c) visa applications for a Subclass 186 (Employer Nomination Scheme) visa where the nominated position is located in regional Australia. Within this priority, visa applications where the applicant is nominated by an approved sponsor with Accredited Status, or nominated by a party to a labour agreement not mentioned in paragraph (a) above, are to be given precedence; d) visa applications for a Subclass 489 (Skilled – Regional (Provisional)) visa where the applicant is nominated by a State or Territory government agency; e) visa applications for a Subclass 489 (Skilled – Regional (Provisional)) visa where the applicant is sponsored by an eligible relative; f) visa applications for a Subclass 190 (Skilled – Nominated) visa; g) visa applications where the visa applicant is sponsored or nominated by employers. Within this priority, Subclass 186 (Employer Nomination Scheme) visa applications where the applicant is nominated by an approved sponsor with Accredited Status, or nominated by a party to a labour agreement not mentioned in paragraphs (a) or (c) above, have precedence; h) visa applications where the applicant’s nominated occupation is on the Medium and Long-term Strategic Skills List and applications for Subclass 885 (Skilled – Independent), Subclass 886 (Skilled – Sponsored) and Subclass 487 (Skilled – Regional Sponsored) visas. Within this priority, Subclass 189 (Skilled – Independent) visa applications in the Points-test stream are to be given precedence; i) all other visa applications.
A slight majority of voters believe immigration has made Australia a better place, an SBS-commissioned Essential Media poll has revealed. The poll found 51 per cent of respondents thought immigration was “generally positive” for the country, 35 per cent believed it was “generally negative” and 14 per cent were unsure. The top reason respondents gave for supporting immigration was “it creates economic growth”. The top reason people gave for opposing immigration was “new immigrants often fail to assimilate with the rest of the population”. Only 13 per cent of people said they opposed immigration due to overcrowding. The poll was conducted online from 24 April to 29 April and is based on 1,010 respondents.
The ongoing high demand for Provisional Skills Assessments (PSA) has caused an increase in the time it takes to complete PSA application assessments, currently around 90 days. Processing time can be reduced by ensuring that all applications are submitted ‘decision ready’ which means all necessary documentation is included. The evidence required in the application should clearly support: The applicant’s qualification or work experience claim; and, Employment information includes supervisor or employer contact details that can be clearly associated with the business. Incomplete or unclear information is a primary reason for delays and may result in an application being made unsuccessful. Supplementary information will be requested if needed for clarification but reducing the need for multiple exchanges will assist to speed up the process. Processing timeframes are also affected by a large number of general enquiries, particularly those simply seeking a status update. Applications are processed in order of receipt and TRA will not consider any requests to expedite the processing of an application. The high volume of general enquiries has a net effect of slowing assessments down. There has recently been a change in the time allowed by TRA for application documents to be submitted to the Department after the applicant has registered and paid online. From 1 April 2019, the period has been reduced to 14 days to align TRA timelines with the requirements of the Department.
The Department is currently experiencing a significant increase in Temporary Graduate visa applications and is focused on managing the biggest peak for this program. The Department can make a decision on a Temporary Graduate visa application with the information provided without requesting further documentation. It is important to remember there are stringent time of application documentation that must be provided when lodging a GWS application. Temporary Graduate visa applicants must provide evidence of: Meeting the Australian Study Requirement (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa- listing/temporary-graduate-485/australian-study-requirement); Undertaking an eligible English language test in the three years prior to lodgement or hold an eligible passport; Applying for an Australian Federal Police check during the 12 months immediately before the day the application is made. This requirement also applies to any dependant applicant included in the application who are over the age of 16; Adequate health insurance for all applicants; and Applying for a skills assessment for their nominated occupation with the relevant assessing authority. The Departmental website provides information about the program, including statistics, visa requirements, and average global processing times. See: https://immi.homeaffairs.gov.au/visas/getting-a- visa/visa-listing/temporary-graduate-485
Recently the Department has noted a high volume of student visa applications that have been lodged within days of the course commence date. This includes some cases where the CoE has been issued within two days of course commencement. The Department note that processing delays may occur if an application is not lodged at least six weeks prior to course commencement and the application is ‘complete’ minimising processing delays. A complete application means that all the questions in the form are answered correctly including questions relating to previous travel, visa refusals and cancellations (for other countries) for both the applicant and their family members. The required health and character checks must also have been completed before the application is lodged, and all relevant documentation uploaded at the time the application is lodged.
From 1 May 2019, all Nepalese citizens (both inside and outside Australia) applying for a Student visa in the Vocational Education and Training (VET) sector will be required to provide evidentiary documentation of English and Financial capacity irrespective of the education provider. This means a ‘Streamlined’ student visa applicant from Nepal wishing to study a VET sector course in Australia will need to submit documents that prove their English language ability and financial capacity to pay for their studies, living expenses and dependents (if any) at the time they lodge their visa application. The requirement to provide documentation may not yet be reflected in the Department of Home Affairs’ (the Department) online Document Checklist Tool. However, VET sector applicants are advised to submit the required documentation to lodge a complete application in addition to meeting all other visa requirements. Where this documentation is not provided with the visa application, the Department will request it. This may delay the processing of visa applications. This requirement will apply for the foreseeable future.
SmartGate passport control machines, which work with e-passports and use facial recognition technology to check travellers’ identities, have malfunctioned, requiring passports to be checked manually. The Australian Border Force (ABF) said it was working with the Department of Home Affairs to resolve the outage, which is affecting the processing of inbound and outbound passengers. “A number of ABF and Department of Home Affairs IT systems impacted by an earlier outage have now been restored,” a spokesman said on Monday afternoon. “The Department is continuing work to bring all systems back online, ensure the integrity of the systems and resolve any ongoing issues.”
The April 2019 SkillSelect invitation round information has been released by the Department of Home Affairs (Home Affairs). Invitation quotas have dropped significantly in a lead up to the May 2019 Federal Election and the end of the financial year. The figures provided by Home Affairs indicate that since the last round information: The number of invitations for the Subclass 189 (Skilled Independent) visa has been substantially reduced from 1,490 to 100. The minimum points score for a 189 visa invitation is currently 80 points, with a one month processing time Expression of Interest (EOI) at this score. The number of invitations for the Subclass 489 Skilled Regional (Provisional) remained the same at 10, requiring a minimum point score of 80. Processing times are around 5 months from lodgement of an EOI. The minimum points score for pro-rata occupations, or those classified as occupations for which there is more demand for places, are as follows: Accountants: 90 Auditors, Company Secretaries and Corporate Treasurers: 85 Electronics Engineer: 80 Industrial, Mechanical and Production Engineers: 80 Other Engineering Professionals: 80 ICT Business and System Analyst: 85 Software and Applications Programmers: 80 Computer Network Professionals: 80
Training Benchmarks were abolished from 12 August 2018 with the introduction of the Skilling Australia Fund (SAF) levy. However, sponsoring employers may still need to meet Training Benchmark obligations. This means that: Please note that Training Benchmarks still apply to all sc457 Sponsors who have or had sc457 visa holders working for them. The Skilling Australia Fund (SAF) Levy applies to new nominations made after 12th August 2018 only on sc482, sc186 and sc187 visas. sc457 sponsor companies who wish to nominate workers on sc482 and sc186/ sc187 visas will need to provide evidence of having met their Training Benchmark obligations. Please also note that sc482 sponsors who had nominated workers after the implementation of sc482 but before the implementation of SAF on 12th August 2018 also will need to meet their Training Benchmark obligations.