Federal Budget Announced - Changes to Australian Immigration Law from 1 July 2021
With the Australian Government announcing the new 2021 to 2022 Federal Budget, there has been some significant changes to Australian immigration policy from 1 July 2021.
Australia’s 2021 to 2022 Migration Program – Prioritising the Skill Stream
Last year the 2020 to 2021 Migration Program was announced in October 2021 (instead of July) as the Federal Budget was delayed. This was so that it could account for the economic impacts of COVID-19. This year the 2021 to 2022 budget was announced with 3 significant areas of consideration:
1. Migration and population planning
The Government provides that the presence of skilled migrants offset the challenges of Australia’s aging population.
The Government intends to encourage growth in regional and low populated areas to reduce pressure on major cities.
2. Attracting migrants to Australia
In order to support the economic recovery from COVID-19, the Government aims to remain competitive in attracting skilled migrants required to support this recovery.
3. Regional migration
The Government acknowledges that encouraging skilled migrants to work and live in regional areas is crucial to the development of regional Australia and eases the pressures in major cities.
Prioritizing Skill Migration Program
As Australia’s Migration Program intends to focus on initiatives will support Australia’s economic recovery from COVID-19, priority will be given to visas that have the opportunity for economic growth, jobs and investment into Australia. This involves 3 priority categories within the Skill Stream for 2021 to 2022:
Business Innovation and Investment Program
Global Talent Visa Program
Employer Sponsored Program
The table below demonstrates the Government’s Planning Levels and Outcomes for the Migration Program from 2018 to 2021:
For more information visit: Planning Australia's 2021-22 Migration Program (homeaffairs.gov.au)
Visa Application Charges and Other Fees Increase as of 1 July 2021
Visa application charges (VACs) have been increased by 1.75% and Business Innovation and Investment Program Changes have been increased by an additional 11.3% (except for the subclass 188 Entrepreneur stream visa). This means that:
Partner visas
o Previously $7715
o Now $7850
Global Skilled Migration
o Previously $4045
o Now $4115
Student Visas
o $620
o $630
For surcharges attached to your VAC payment visit Surcharges for payments (homeaffairs.gov.au).
Changes to the Business Innovation and Investment Program as of 1 July 2021
Changes to the Business Innovation and Investment Program have been made in an effort to maximise contribution to Australia’s economy following the impacts of COVID-19. The program has been reduced from 9 streams to 4:
1. Business Innovation
2. Entrepreneur
3. Investor
4. Significant Investor
Provisional visas are now valid for 5 years, providing holders additional time to meet the requirements so that they may apply for permanent residency after 3 years if they meet the requirements.
Further changes:
$200K funding threshold for the subclass 188 (entrepreneur stream) has been removed and now only requires state, territory or government endorsement
Business assets to increase from $800K to $1.25 Million.
Annual turnover to increase from $500K to $750K
For those who have lodged applications for Premium Investor, Significant Business History and Venture Capital Entrepreneur visas, applications will still be processed. The Department has warned that applications that have not attached all necessary documentation will be deemed as an incomplete application and that the Department may make a decision on the application without requesting more information.
For more information visit Changes to Business and Investment visas (homeaffairs.gov.au).
Occupations Added to the Priority Migration Skilled Occupation List (PMSOL) and Given Priority Processing as of June 2021
Employer sponsored nomination and visa applications with an occupation on the PMSOL list will be given priority processing. Priority processing will allow businesses and applicants to have certainty that eligible nominations and applications will be assessed ahead of other applications; this includes existing and future applications. However, due to the increase of occupations on the PMSOL list, the process to identify the applications that are now required to be prioritized will create some initial delays.
Employer Sponsored Visas
In the context of Employer Sponsored Visas, the Department has responded to the numerous jurisdictional error claims that they receive where a Request for Information (RFI) is not provided. The Department has stated that there is no requirement to provide a RFI as they may choose to move straight to a decision.
Annual Salary Rate Submission
A common mistake that Applicants make is providing the annual salary rate based on awards. Case officers will look at the base salary and not where you have included overtime or allowances into the annual salary rate you have indicated. Instead, you must do a submission and provide that with your application or it will be refused.
Refunds Not Provided for Incorrect ABNs and TRNs
Where you are required to provide your sponsor’s ABN or TRN it is crucial that you link the correct and most current ABN. A common mistake is where the sponsor has changed their ABN and the applicant links an old identifier. The Department has provided that your application will be invalid, and you will not be provided a refund.
Schedule 3 Waiver – Compelling Reasons for Partner Visas – 820.211(2)(d)(ii)
Applicants applying for partner visas must be weary of clause 3001:
If you have not held a substantive visa within 28 days prior to lodging an application, schedule 3 cannot be waived if you do not have compelling reasons.
The schedule 3 waiver is only applied where the minister is satisfied that there are compelling reasons. This means that applicants must not apply for a waiver if you have lodged your application outside of the 28 day period and do not have compelling reasons.
Is it Unreasonable for Your Non-migrating Family Member to Complete a Health Exam? – Health Criteria Requirement
For provisional and permanent visa holders, the Migration Regulations provides a legal requirement for Non-Migrating Family Members to meet the health requirement. This requirement may be set aside if it is deemed ‘unreasonable’ by a section 65 delegate. The fact that they are simply non-migrating is not a substantial reason. The delegate must find that is ‘unreasonable’ to require your non-migrating family member to undergo a medical exam.
Travelling To or From India
Due to growing COVID-19 pandemic in India, the Australian Government has implemented stricter guidelines surrounding travel to and from India. Individuals are required to seek an exemption if they wish to travel to India or from India to Australia. Based on current health advice these are the measures currently in place.
Travel to India from Australia – Exemptions will only be granted in the limited following circumstances:
If you are a critical worker helping India’s COVID-19 response
If you are travelling in Australia’s national interest
If you are seeking urgent medical treatment for a critical illness that cannot be treated in Australia
If you are travelling due to the death of a close family member or for their funeral
If you are visiting a close family member who is critically ill
If you are travelling to escort an Australia citizen or permanent resident minor back to Australia
Travel to Australia from India – Limited Circumstances Available for Exemptions to Travel to Australia from India:
If you are a critical worker helping Australia’s COVID-19 response
If you are travelling in Australia’s national interest
If you are travelling due to the death of a close family member or for their funeral
If you are visiting a close family member who is critically ill
If you are travelling to escort an Australian citizen or permanent resident minor back to Australia because their parent/s currently reside in Australia
Return of International Students
The absence of international students has had a significant impact on the Australian economy. As a result, States and Territories are individually working with the Australian Government to implement safe return plans to support the return of international students to Australia.
New South Wales
By 2021, the NSW has estimated a $5 billion loss to the economy as a result of losing international students and therefore has made this initiative a high priority. With currently, 47,000 international students from NSW overseas, the NSW Government has been approved to accept around 250 international students a fortnight.
Key points:
Australian citizens and permanent residents will remain the highest priority.
The initiative is industry-funded and therefore students will quarantine in separate student accommodation specifically built for quarantine.
Students will be subject to the same health and quarantine requirements set by the Australian Government (14-day quarantine).
Students and educational institutions will be responsible for all costs.
For more information visit Supporting the safe return of international students to NSW - Study NSW
South Australia
The South Australian Government has been approved to accept 160 students at a time at their dedicated student quarantine facility.
Key points:
Australian citizens and permanent residents will remain as the highest priority.
The initiative is industry funded and therefore students will quarantine in separate student accommodation specifically built for quarantine.
Students will be subject to the same health and quarantine requirements set by the Australian Government (14-day quarantine).
Students and educational institutions will be responsible for all costs.
For more information visit Return of International Students to Adelaide | StudyAdelaide
How Can Agape Henry Crux Help You
If you want to find out more about your eligibility or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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