Ballots, no-further-stay conditions and student visa limits: Migration reforms explained

In a delayed but highly anticipated speech yesterday, the Minister for Home Affairs, Immigration and Citizenship outlined the steps the government will take to reduce Australia’s net overseas migration (NOM) down from the current 292,000 to 245,000 this financial year.

While these are firm policies, regulations for these changes have yet to be released but are expected soon.

A media release was posted shortly after the speech that summarises these policies.

More resources for compliance with visas

The government will add more resources for compliance, and in particular to identify overstayers and ensure they are repatriated back to their country of origin.

According to a recent Freedom of Information request there are around 77,000 unlawful non-citizens, with around a third who have overstayed more than 10 years.

A rumoured change to work rights for protection visa applicants did not eventuate due to needing parliamentary consent to pass laws.

No further stay conditions attached to visitor visas

The minister suggested it was unfair for visitor visa holders to come to Australia to lodge onshore partner visas and be granted a bridging visa to remain while processing, compared to those who lodged offshore partner visa applications. His solution is to attach no further stay conditions to all visitor visas to even the field. Offshore partners of Australians will have a higher chance of having a visitor visa application approved regardless of whether they have lodged a partner visa application.

It is unclear if this applies only to subclass 600 – Visitor visas or also to subclass 651 – eVisitor and subclass 601 – Electronic Travel Authority visas.

International students and graduates without family members, progressive enrolments

Most future student and graduate visa applications will no longer allow family members (partner and dependent children) to be included in a student visa application or be able to later apply to join the primary visa holder. Exemptions will include Pacific and ASEAN nations, and for certain courses, such as doctoral degrees.

Furthermore, student visa “hopping” will no longer be possible. This does not involve a change of course at the same AQF level, or when a new student visa is required due to illness or another event to finish an existing qualification.

When an international student visa holder finishes a qualification, any new student visa application will require them to enrol in a higher level AQF course. The “hopping” refers to downgrading studies on a new application.

Ballots for second and third working holiday maker visas

A ballot system will be introduced for all applicants for second and third working holiday maker visas (417 visas and 462 visas) where regional work is required. The only country which is exempt from regional work is the United Kingdom.

Numbers floated include 45,000 places for the second-year visa. In comparison, 57,000 people qualified last year, so 12,000 backpackers would have missed out.

The third-year visa numbers drop drastically. Only 5,000 places will be initially allocated when 31,000 people qualified last year. The reason for such a cut is that not many continued working in a regional area after their visa was granted.

Given the differences, it would be expected that some backpackers will decide to not pursue a further visa (especially a third) if there is no firm expectation of being granted one. Regional businesses reliant on these workers are likely to suffer.

The government will also stabilise processing times for working holiday maker visa applications to three months.

Skilled visa priorities

Ministerial Direction 119, which determines the processing priorities of skilled visa applications will be updated to support important sectors including: healthcare, construction, education, law enforcement, defence, resources, agriculture, aquaculture and fishing.

Points test reforms for General Skilled Migration visas

Lastly, the points test system for independent skilled visas (491, 189 and 190 visas) will change to benefit trades. These applicants will obtain the same points as those who hold a degree.

Unless the applicant does not meet the minimum 65-point threshold for these visas, this will not affect the invitation of these occupations, as the government has run many invitation rounds excluding eligible occupations and can decide how many invitations to issue for which occupations.

When implemented, these reforms will certainly affect the incentives of individuals, and the operation of many businesses.