Victoria keeps migrants up to date about delays in the SMPs.

The State Migration Plans have been put on hold ever since Labor called the Australian election in August, leading to confusion amongst migrants.

Back in July the state of Victoria announced that it would not release its SMPs until after the 1^st of August. The SMPs were meant to be updated and released just after the new Skilled Occupation List was implemented in July.

The states have their own critical skills lists that can sometimes differ from the SOL and they use the occupations on their own lists to draw up a migration plan for interested migrants who want to emigrate to that State. However the plans must first be approved by the Department of Immigration and Citizenship before it can be made public.

The SMPs will have all been drafted, but the politics has taken over and the government is currently in caretaker mode. That means that decisions will not be made on the SMPs until the new government in sworn in.

Now the state of Victoria have released a statement saying that their SMP will not be released any earlier than October. No doubt other states will be following suit. So why would it take so long if a government will be sworn in during the next few weeks?

Well DIAC are not denying the rumours that Senator Chris Evans, Minister for Immigration, will be leaving his post regardless of which government gets in. That means that a new Minister will have to be found. And if the government have had to negotiate deals with independents sympathetic to migration, then immigration policies may have to be reviewed.

This means a long and frustrating wait for migrants who do not have occupations on the SOL and who are hoping to be able to emigrate to Australia with a State Migration Plan. There is nothing for it but to wait and hope.

Refugees caught trying to sail to Australia end up in detention centres.

The asylum seekers who broke out of a Darwin detention centre for a day of protesting have finally been persuaded to return to the facility.

The men, who were mainly from Afghanistan, broke out of the centre to stage a protest against their treatment. They wrote messages on bed sheets asking for mercy and help. Some of them had recently been told that their refugee status had been denied, others were protesting against the length of time it was taking to process their applications, stating that they had been held in the centre for more than nine months.

Immigration was at the centre of the campaign before the Australian election, with both parties announcing a crackdown on refugees arriving in Australia by boat. Both Mr Abbott, leader of the Liberal Coalition and Ms Gillard, leader of the Labor Party had been negotiating with islands in the Pacific about the re-opening of detention centres there.

At the moment the majority of refugees that arrive by boat are detained in off-shore facilities like that at Christmas Island, or on the mainland. Humanitarian groups want to see off-shore detention centres closed and have long called for women and children to be taken to the mainland.

In April 2010 under the leadership of Kevin Rudd, the Australian government temporarily suspended processing claims by asylum seekers from Sri Lanka and Afghanistan. However the rioting at the same detention centre over the weekend was staged largely by alleged people smugglers from Indonesia who are housed in the same centres as the refugees they may have helped to smuggle.

The detainees who broke out simply staged a peaceful protest at the side of the highway with their home-made banners and were talked back into the compound by police. Some of them appeared to be very distressed as they spoke to police and the media about their treatment and the delays in their applications.

However there may be a silver lining for the asylum seekers. The independents who hold the key to the new government have said that they favour a more humanitarian approach to refugees.

Unemployment is higher amongst migrants.

A new report by the Australian Bureau of Statistics shows that a higher proportion of migrants are unemployed after emigrating to Australia, compared to the nation as a whole.

Data taken from the last census show that 5.2% of the population of Australia are currently unemployed compared with 7.3% of skilled migrants that have emigrated to Oz. However those migrants who have found work tend to be in professional roles.

Critics of the government’s migration program say that this data points to the fact that the Australian Department of Immigration and Citizenship is not working. Dimitria Groutsis, a migration expert from Sydney University told the Sydney Herald that: “We are not fully utilising the skills and vocational experience offered by people living overseas.”

“There needs to be better … information for individuals when applying in their home country for emigration to Australia about what the expectations are.”

However the data was taken before the DIAC implemented new changes to the Australian immigration program that has tightened rules and shortened the Skilled Occupation List. It is now harder to emigrate to Australia without a job offer or sponsorship and if the Liberal Coalition get into power then migrants may find an already strict policy getting even tougher as the government aim to reduce migrant numbers entering Australia.

The ‘secondary applicant’ also came in for criticism. This is the partner or spouse of the primary applicant who follow them into Australia. Just 32% of these partners are employed full-time. However, again the report doesn’t take into account mothers who stay at home to look after the children, or voluntary workers. Many may also have part-time jobs that are not included in the ABS report.

As figures for migrants applying for Australian visas is down, the next ABS report may read very differently.

Julia Gillard's term as Australian PM may be short-lived.

It looks like the race for government is finally drawing to a close and from latest reports it seems that Labour may have already lost.

In a week that has had plenty of ups and downs, the scent of victory has switched from Labour to the Liberals and back again as both parties tried to do deals with the four independent MPs who hold so much power in their hands.

Labour had previously declared a victory on the two-party vote, but as more primary votes were counted, the Liberal Coalition had won more than 618,000 votes ahead of Labour. This lead in the primary votes makes a deal between the Coalition and the independents more probable, especially as Mr Abbott made plans to give a huge chunk of government spending to rural and regional Australia. The independent MPs are rural-based who have long fought for more funding for rural areas.

The MPs have also stated that they want to be part of a stable government that will represent regional and rural Australia.

Seventy six seats are needed for a majority government. At the moment Labour are on 72 with the Liberal Coalition on 73. Four independents and one Green Party MP have yet to decide. The Greens may well go with Labour given Mr Abbott’s previous denials of climate change, but the Green MP has yet to state his intentions, which may speak volumes about the lack of confidence in Labour.

This week Australia should finally know which party will form their government.

With Australia in political turmoil many migrants are wondering what the future holds for them. Is it worth applying for a visa now? What if the immigration policy changes? Our Embrace Community is full of members asking what the future holds for them and whilst there is no easy answer, we aim to give you a guide to what is happening at the moment and answering some of the more common questions on the community.

What’s happening in Australian Politics at the moment?

At the moment Australia has a hung parliament, which means that no political party was able to win a majority. Two parties were running neck and neck for government, the Labour Party headed by Julia Gillard and the Liberal Coalition led by Tony Abbott.

Both parties are now in talks with 3 independents and 1 Green party member. They need their crucial support if they are to form a government. The Greens have previously said they would back Labour because of Mr Abbott’s denial of climate change, but both parties are promising changes to suit the independents just to secure their support. If the independents decide not to go with either party then the Australian public may have to re-cast their votes.

Which political party is more sympathetic to migrants?

Well both parties have pledged to cut back on immigration. The Liberals have said they will slash immigration levels to 170,000 whereas the Labour controlled Department of Immigration and Citizenship (DIAC) have also said that migrant numbers will be down to 145,000 by 2011/12.Current immigration numbers are just under 300,000.

Traditionally Labour have always been more sympathetic to migrants with flexible immigration policies, but following misleading media reports on population growth, Labour appear to have bought into the hype and introduced tougher legislation that allows the DIAC to cap certain visas and even certain groups of migrants. This decision has angered the business community who have called on the government to address the issue of severe skills shortages that they say, will result in businesses moving away from Australia and investing elsewhere.

When will the State Migration Plans be released?

When the DIAC announced changes at the beginning of July that included the implementation of the new Skilled Occupations List, the States announced that their own migration plans would be revised in line with the new changes. The state of Victoria announced in July that their own State Migration Plan would not be implemented until September, which is when the other states were also expected to reveal their SMPs. However since then there has been an election called…..

It now looks likely that any State Migration Plans will be put on hold until the political situation in Australia is resolved. The SMPs will no doubt already be drafted, but they need to be approved by the minister and further planned changes by the DIAC were also expected beforehand. Therefore SMPs will be delayed for another couple of months yet.

Susan Wareham McGrath from McGrath Migration Lawyers has this advice for prospective migrants to Australia: “Some states are still nominating applications for You can still apply for state sponsorship, but intending applicants should carefully re-appraise the eligibility requirements before assuming they meet the application criteria”.

“For example, Queensland is now only accepting applications from people with occupations on its eligible occupations list AND the new SOL.

“While our discussions with state skilled migration units have disclosed that the new SMPs will to a great extent reflect the current lists, applicants should be aware that there is no guarantee of this, particularly with regard to occupations that are not on the SOL.”

“In addition, applicants should keep in mind that DIAC has advised that with even with state sponsorship, if a nominated occupation is not on the  sponsoring state or territory’s SMP, the application will be processed on the basis of your nominated occupation.  That means that even with sponsorship, an application could end up in processing priority 4”.

“The good news is that DIAC has also advised that current state sponsored applications with occupations on SMPs will be escalated to processing priority 2 when the SMPs take effect.”.

I’m a recent graduate without an occupation on the SOL, what should I do?

Well one of your options is to try for employer sponsorship. Apply for a temporary working visa and search for work within your area or a working holiday visa which is slightly different. The differences between these two visas are explained by the DIAC in their Working Holiday Visas section.  You could then ask your employer if they would be willing to sponsor your visa application to Australia. Your chances of success are higher if you look for work in a field that are experiencing shortages.

Otherwise, you could wait until the new SMPs are revealed to see if your occupation is on a state critical skills list. This would enable you to apply for state sponsorship but you will need to show some work experience in that area and complete a skills assessment. You can apply under current SMPs but be aware that these may change as they are currently under review and due to be released this year.

Or you could examine the SOL closely and try to find a match closest to your qualifications. Gain experience in that area, either in the UK or in Australia on a temporary visa and try to apply for a skilled visa using your experience to gain vital points.

If I have enough points on DIAC’s points tests to apply for independent skilled migration, can I apply for a subclass 175 visa now, then switch to a state sponsored 176 if my occupation is on a new SMP?

Susan Wareham McGrath explains that this strategy is not without risk as DIAC has advised that it is not possible to change a nominated occupation or to change to an employer sponsored or state nominated visa category, unless a new application is lodged. A new application would require the payment of a new Visa Application Charge, currently AU$2,575.

I applied for a Skilled Migration Visa at the beginning of the year and I’ve not heard back yet.

This isn’t unusual, DIAC processing times are now suggested to be around six months for those with a new State Migration Plan (once they are announced) and for those with an occupation on the SOL but without SMP approval could find themselves waiting for up to 18 months. For those without an occupation on the SOL or on the SMP the wait could be even longer.

I would suggest that new applicants wait until the political chaos has subsided before contacting their Case Officers with a reminder about their application.

Will the DIAC cap any more visas?

That’s impossible to say. In May the DIAC proposed the Migration Amendment Bill which was passed by Parliament. If the Bill becomes law it gives the Immigration Minister the power to cap and case visa applications based on applicant groups, such as applicants who have all nominated a particular occupation. This is on top of the power the Minister already has to cap and cease certain visas.

The DIAC say that the Bill will ensure that skilled workers are matched with those occupations that are suffering a skills shortage. However it made many applicants fear that they could be targeted by the DIAC. There are no plans to cap and cease any visa or visa applicant group at the moment, but who knows what the future may hold.

Whilst all of this may seem like bleak reading it is important to bear in mind that Australia is still suffering from a skills shortage in many areas. Over recent months many major businesses and business leaders have called on the government to make immigration rules more flexible to allow for more temporary migrants into the workforce.

Senior DIAC sources also suggest that Senator Chris Evans, the Immigration Minister, will not retain the Migration Portfolio, regardless of the electoral outcome, so he could soon be replaced by someone else. This gives hope that a new person will bring along new ideas to the DIAC and hopefully some reforms that will work. Susan Wareham McGrath comments: “True reform of Australia’s migration system, will not occur until DIAC’s entire leadership team, from the Departmental Secretary down, takes a fresh, hard and honest look at the situation it has created, develops innovative, equitable and just policies and practices, and leads its staff to deliver them efficiently and knowledgeably. 

Only then will our intending migrants have the certainty and clear guidelines they deserve, to inform one of the most significant and life-changing decisions they will ever make – to migrate to Australia.”

If you have any further questions or want to debate the issue in more depth then feel free to join our Embrace Community for chat and support.

Australia may soon have an election result.

The political turmoil in Australia may soon be at an end as Labour and Liberal entered into an agreement to end the political controversy.

Since the election on August 21^st Australia has been in the state of a hung parliament since neither Labour nor Liberal could claim a majority government. Both leaders have been in talks with the Green Party and three independents in Canberra to try and bash out an agreement that would see one party in power.

However after a week of speculation both parties have now agreed that they must both push for an end. They either gain the support of the independents or they call for a re-vote.

According to various media reports, the shift has changed from Liberal to Labour and back again, with some reports stating that the independents support the mining tax and others claiming that they don’t.

Julia Gillard has agreed to give the independents access to Treasury reports, which was one of their seven demands, whilst Mr Abbott has refused full access, accusing Labour of being “desperate”.

No doubt many Australians would be relieved if the reports of a general agreement are correct. Going back to the polls would mean a huge upheaval for the country, but how long a minority government would last is also open to question. In a similar situation in Britain, the coalition with the Conservatives and the Liberal Democrats has proved unpopular.

Hopefully by next week an outcome will be now be reached, it’s time for the independents to make up their minds.

Britains population is rising.

Australian migrants coming to the UK are under threat from an immigration cap thanks to the huge increase in immigration figures in Britain.

A report by the BBC show that migraton to the UK rose by 33,000 in 2009 to 196,000 and whilst the numbers of immigrants entering Britain is rising, numbers of Brits emigrating abroad is falling. Much has been made of the report that net migration to the UK rose in 2009, but what the report also said was that fewer people were leaving the UK to emigrate abroad to live in previously popular migrant destinations such as Australia and Canada.

The UK statistics show that a drop of 13% was recorded in migrants from the UK emigrating abroad up to December 2009. The main reason for this is the recession, people simply aren’t willing to risk their savings on immigration applications, preferring to ride it out at home. But also Australia’s immigration policy has been tightened recently by the Department of Immigration and Citizenship (DIAC) making it harder for unskilled applicants to get a visa.

There is another flip side to the BBC report and that is that Australian migrants to the UK face tighter rules themselves. The British government is now under pressure to cap immigration, but under the European convention, migrants from European countries must be allowed to pass freely from country to country. It is against the convention to try to stop European migrants therefore international migrants to Britain, such as those from Australia, Canada and the US, will bear the brunt of any cap on British immigration.

And so it seems that with fewer people leaving Britain and more people trying to get in, Australian visa holders may find their visas capped, just as British migrants are fearing capping and ceasing policies in Australia.

It never rains but it pours…..

Will Chris Evans quit once the new government are in?

Sources close to the office of Chris Evans, the Minister for Immigration in Australia, have revealed that Mr Evans may quit his post this year.

Regardless of which government finally gains power, Mr Evans is said to be considering his options and may be looking to move to another portfolio. He is said to have been wanting to get out for some time now.

Christopher McGrath from McGrath Migration told the Embrace Community: “I think Labour has been awakened from its slumber, so maybe we can expect changes to enhance the migration programme. A new Minister, maybe with new ideas.”

A source close to Chris Evans’ own office spoke with Mr McGrath to confirm that Mr Evans will step down no matter which government gets in. There are also unconfirmed rumours that Andrew Metcalfe, Secretary to the DIAC may also be moved.

This news should not affect any applications for Australian visas, which will be processed as usual, but it does give hope to the thousands of migrants who are following the election closely to see how the new government will treat their cases.

Lately the Australian Department of Immigration and Citizenship (DIAC) have been criticised by major Australian businesses for tightening their policies on migration. Coca Cola, Virgin boss Richard Branson, union leader Paul Howes, leading recruitment agencies, the IT industry and mining companies have all called upon the government to take in more migrants, not less.

They say that without temporary migrant workers, Australia becomes less viable for investors, many projects would be put on hold or shelved and the economy would suffer as a result. Some claim that the government are using migrants and refugees as a cover for their own failures to provide adequate infrastructure for Australia.

Perhaps Australia really is waking up and the departure of Chris Evans could signal a change for the better. A new Minister with fresh ideas is just want the immigration department of Australia needs!

Treasury secrets would be revealed to the independents.

Julia Gillard could now be in first place to win back governmental power after she agreed to give the independents full access to the Treasury and Finance Departments.

The independents met with both Ms Gillard and Mr Abbott yesterday with their seven demands. These demands were:

• Access to the Treasury and Finance Departments including election costings and budget policies.
• Briefings on broadband, health, education, infrastructure, agriculture, climate change, defence and tourism.
• Three year plans for the above departments.
• Improved status of local MPs.
• Improved relations between House of Representatives and the Senate and a commitment for ‘consensus options’ for the next three years.
• Negotiations for government to be in the national interest and a commitment to a three year term.
• Reform on political donations, funding and advertising.

Ms Gillard has shown herself ready to negotiate by agreeing to this first demand, something that Mr Abbott has slammed, calling Ms Gillard a “desperate Prime Minister”. Mr Abbott has said that he would not give the three independents full disclosure to Treasury as it contained confidential information.

However Labour Treasurer Wayne Swan has defended the decision to bow down to the demand, saying “I think that’s vital information they would require to take a decision in the national interest,” He has also called for the election costing information to be made public.

Migrants to Australia will note that the seven key demands do not include immigration policies and therefore one can only assume that whichever party gets into power, their main immigration policies will not change, despite repeated pleas from businesses to re-consider any possible cap on migration.

So far Ms Gillard appears to be in the lead in the election competition, but expect many more twists and turns yet before a final outcome is revealed that could even see Australians heading back to the ballot boxes.

Skilled workers are still needed in Australia.

Another dire warning about the impact of immigration in Australian upon businesses was voiced today by union leader Paul Howes.

Mr Howes was in Sydney at a conference for the National Industry Skills Council where he called upon any new government to invest in regional centres that would benefit from immigration much more than overcrowded cities.

And he accused both the Liberals and Labour of using immigration as a scapegoat for the congestion problems in cities such as Melbourne and Sydney. The real cause of congestion, he said, was inadequate infrastructure which is a government responsibility. He implied that the government used immigration and asylum seekers to cover up their own inadequacies in these areas.

Capping immigration in Australia would result in chaos within both the mining and construction industries, new projects would be shelved and the mining boom shortlived. In fact he argued that Australia needs more, not less migrants: “No one in this election campaign has been able to mount any economic case that makes any sense whatsoever on why Australia needs a cap on migration. Why Australia needs less migrants, rather than more.”

Mr Howes is just one of many concerned businessmen in Australia who have questioned Ms Gillard’s and Mr Abbott’s stance on immigration. With many large businesses still experiencing skills shortages and new investors looking towards Australia, many feel that the government are using the immigration debate to win media support and inevitably, the election.

So far immigration hasn’t come up as a major policy that the independents want to negotiate on so whether or not the business community’s pleas will have any effect is not yet known. Meanwhile potential migrants to Australia hold their breath to wait and see what changes to immigration policy a new government will make.