Australian Visa Processing Changes – Your Questions Answered

The changes made by the DIAC have given migration agents a headache too.

Last week the Department of Immigration and Citizenship announced changes to visa priority processing that not only affected new visa applicants, but those whose visa applications were already going through the processing system.

The changes mean that all those applying for a general skilled migration visa, whose occupation is not on the Critical Skills List, face a wait until 2012 before their visas are finalised. State sponsored applicants for skilled migration visas with occupations that are not on the CSL are the worst affected by the changes, because their priority processing order has dropped from 2 to 5. 

We know this is an issue that has affected a lot of people in the process of immigrating to Australia and is still being discussed in expat forums up and down the country, so we asked two leading migration agents for their take on the matter and what advice they had to give to those affected by the changes.

The migration agents are Susan Wareham-McGrath, Principal of META  Australia and New Zealand and who can be found in our community section where she is more than happy to answer questions, and Leonie Cotton from the well established and respected Visa Bureau. Here are their answers to a list of questions we put to them:

1. On Wednesday the DIAC announced priority processing changes apparently without warning. Do you think there was any way that migration agents could have seen it coming?

Susan: No. There was no way anyone except those that orchestrated it could have seen it coming. DIAC’s intent to tailor its skilled migration stream to reflect skills shortages and workforce demands was foreshadowed in this year’s Federal Budget; and the Minister has reinforced that intent in many of his speeches since then. So the general direction in which skilled migration priorities are moving comes as no surprise.

But nothing could prepare anyone for last Wednesday’s draconian changes – they even put the States and Territories on the back foot, as their individual Occupations in Demand Lists were disregarded in favour of the Government’s one-size-fits-all Critical Skills List.

Leonie: No forewarning or consultation was provided by DIAC in relation to this recent change.  Furthermore it appears that state governments and important industry bodies were not consulted or informed prior to the change in priority processing.  Although DIAC have recently announced that a review of the Migration Occupation in Demand List (MODL) is to be undertaken, no indication was given in the paper to indicate that a change to processing times was to be introduced. 

2. Why do you think the government took the decision not to issue press releases about the changes or announce it on either Senator Evans’ site or the DIAC newsroom?

Leonie: The DIAC may have decided against issuing press releases as the recent change does not impact upon applicants’ eligibility for a skilled migrant visa, only processing times have been altered.  DIAC may have also wanted to avoid criticism from affected parties such as potential migrants, industry bodies and state governments.

3. What would your advice be to anyone who is affected by these changes? What advice have you given to the clients on your books?   

Susan: Firstly, remember that Australian migration law is constantly changing and this new Ministerial Direction could very well change within a few months. Also remember that these new processing priorities were made without consultation. 

The States and Territories are already lobbying to have their own carefully prepared Occupation in Demand Lists recognised again as a mechanism to prioritise applications.

On top of that, the Government’s MODL Review recommendations will be put to the Minister in December and we already know that the CSL will be phased out as a result of that review and replaced with a new list.  

Leonie: We assess our clients on a case by case basis as each individual’s circumstances vary.  However some clients may be in a position to apply for a fee-free Employer Nomination Scheme (ENS)/Regional Sponsored Migration Scheme (RSMS) visa if they meet certain criteria and are able to locate an eligible employer willing to nominate them.  Other applicants may be happy to wait as there is the possibility that their occupation could be added to the CSL, which would in turn see their application prioritised.

4. Are the changes all negative or are there people who have benefited from the changes?

Susan: People who are sponsored by family and whose occupation is on the CSL have been moved up one ranking in the processing priorities. 

Leonie: Those applicants who have an occupation listed on the CSL are being prioritised.  This includes applicants such as nurses, secondary school teachers and accountants who should see their visa application finalised within 12 months of the lodgement date.  Applicants who apply for the ENS/RSMS are also prioritised.  Applicants currently residing temporarily in Australia or with contacts in Australia may find it easier to locate an employer willing to sponsor them for the ENS/RSMS visa.  For some applicants the delay to visa processing may provide financial benefits, if housing prices and exchange rates improve in the meantime, allowing migrants to take increased savings to Australia.

5. What advice would you give to anyone thinking of applying for a skilled visa?

Susan: If you are planning to use an agent, make sure you retain a MARA registered migration agent as they are the only Australian migration advisors bound by MARA’s Code of Conduct – which includes being of good character, passing an entry examination, undertaking ongoing professional education and keeping up with all the changes in Australian migration law. A good agent will guide you through all the changes and make sure your application is presented to DIAC in the best possible way.   

Leonie: For those applicants who wish to migrate to Australia it is advised to lodge your skilled visa application as soon as possible as the amendments that will be introduced in the near future may affect applicants’ eligibility.

If you want more advice and information about obtaining an Australian visa, you can visit Susan’s website at META Australia and New Zealand or contact Visa Bureau.

Love Australia? Let us keep you informed...

• Join the Embrace Australia community today. Have your questions answered by our experts, start your own blog, get vital migration information and gain valuable insight from those who have already made the journey.
• Subscribe to our RSS Feed and have all our daily news and features delivered straight to your news reader.
• Join our mailing list -