For those eyeing state nomination from Queensland this year, the recent webinar hosted by the Migration Institute of Australia shed light on some key changes to the state nomination process for both the 190 and 491 visas. The session provided critical insights for applicants, offering a glimpse into Queensland’s strategic priorities and updated criteria for the upcoming financial year.

Key Highlights from the Webinar:

1. Opening Date for Nominations: Queensland plans to open its nomination process for the 190 (Skilled Nominated) and 491 (Skilled Work Regional) visas in September 2024. While the exact date hasn’t been finalised, it’s expected to open by mid September.
2. Limited Seats for the 2024 Financial Year: The state will only nominate a limited number of candidates, with a total of 1200 places available for the financial year:
   • 600 places for the 190 visa
   • 600 places for the 491 visa

This reduced cap heightens the competition, making it essential for candidates to present strong, well-rounded applications.

3. Multiple Pathways Remain Available: Queensland will continue to offer various streams for applicants, including:
   • Graduate stream: For international students who have completed their studies in Queensland.
   • Work in Queensland stream: For applicants already working in the state.
   • Offshore stream: For skilled workers outside of Australia.

Importantly, no specific quota has been allocated for each stream, ensuring flexibility in selecting the best candidates across these categories.

4. Sector Prioritisation: Queensland plans to prioritise certain industry sectors. However, the specific sectors that will receive preference have not yet been confirmed. In line with other states, we expect to see a focus on areas such as healthcare, teaching and construction, so candidates in these fields should remain alert for updates.
5. Sponsorship Criteria: While the exact sponsorship criteria have not yet been released, Queensland has revealed that the following factors will play a crucial role in selection, in addition to points:
   • Salary: Applicants with higher salaries will be favoured.
   • Work Experience: Candidates with more extensive professional experience will have an advantage.
   • English Proficiency: Higher levels of English competency will be prioritised.
   • Partner Skills: Applicants who apply with a partner whose skills are in demand will also have an edge.

This holistic approach means that the nomination process is not solely reliant on points but considers other important aspects of an applicant’s profile.

6. Registration of Interest (ROI) Process: Queensland is introducing a Registration of Interest (ROI) process this year. Unlike the traditional Expression of Interest (EOI) process, the ROI allows the state to collect a broader range of information about applicants that the EOI doesn’t capture. This will enable Queensland to streamline the selection process and focus on the candidates that meet the state’s specific needs more closely.

Preparing for the 190/491 Nomination in Queensland:

If you’re considering applying for a Queensland nomination, now is the time to prepare your documents and strengthen your application. Pay close attention to:

• Your salary expectations: Higher earnings may boost your chances.
• Enhancing your English skills: Aim for the highest possible score in your English tests.
• Maximizing your work experience: Show a depth of experience in your field.
• Partner considerations: Ensure that your partner’s skills and experience are also highlighted if applicable.

With the ROI process giving Queensland a more comprehensive view of applicants, you’ll need to present a well-rounded profile to stand out.

Conclusion:

The upcoming changes to Queensland’s 190 and 491 visa nomination process bring both challenges and opportunities. While competition will be fierce due to the limited number of spots, the state’s new approach to prioritising factors like salary, work experience and partner skills could work in your favour. 

Stay tuned for further updates as more details are released about the nomination process and sector prioritization!

Introduction

As we enter the 2024-2025 financial year, the landscape for skilled state-nominated visa pathways in Australia remains complex and dynamic. With federal elections looming in 2025, pre-election campaigns have highlighted policies aimed at addressing housing shortages and decreasing migration levels. However, these promises have had varying impacts across the different states and territories. In many regions, there has been an unexpectedly increased quota for state and territory nomination, reflecting growing skills shortages in many regions. Unfortunately, Queensland faces a different scenario due to rising levels of interstate migration, which has resulted in reduced quotas, thus posing unique challenges for applicants seeking nomination from Queensland in 2024-25 and beyond.

The Situation in Queensland

Due to high levels of interstate migration and the looming state elections, Queensland’s premier has decided to turn down the initial quota allocated by the federal government. Whilst it is yet to be confirmed by state authorities, rumours suggest a reduced quota of only 600 x 190 places for the current financial year, down from the already low ceiling of 1,000 places last year . This poses a significant challenge for skilled migrants residing in Queensland, especially those hoping for state nomination, as there is already a large backlog of applicants hoping to be selected for a visa invitation, and therefore increased competition for selection.

Indicative Quota

Whilst many regions are yet to confirm their allocation and sponsorship policies, to date the following information has been released from various sources:

	QLD	ACT	VIC	WA	NSW	SA
190	600	1,000	3,000	5,000	5,515	3,000
491	600	800	2,000	1,200
Notes	Still to be confirmed by QLD			Distribution across 190/491 still to be determined	Distribution across 190/491 still to be determined	Still to be confirmed by SA

Maximizing Your Prospects

Given the reduced quota in Queensland, it is crucial for applicants living and working in Queensland to take proactive steps to increase their points and maximise their prospects of selection. Last year, the selection score was largely 95 points across the board, and it is likely that this threshold will be higher this year. Although the state nomination criteria for 2024-2025 have yet to be released, here are some general strategies to boost your points:

1. Improve English Proficiency: Higher scores in English language tests like IELTS and PTE can significantly increase your points.
2. Gain Additional Work Experience: Accumulating more years of relevant work experience can enhance your overall score.
3. Further Examinations: If you are fluent in more than one language, pursuing specialist language accreditation can add to your points tally.
4. Partner Skills: If applicable, your partner’s skills and qualifications can contribute to your overall points.

Exploring Other Pathways

While state-nominated visa pathway are always a desirous option, it’s not the only pathway available for securing long term residency in Australia. Given the current climate, applicants should also consider alternative visa pathways such as employer-sponsored visas. These visas can offer a more direct route to permanent residency, provided you have a job offer from an Australian employer willing to sponsor you.

The Interstate Option: Pros and Cons

Relocating to another state or territory may seem like an attractive option, especially if other regions have higher quotas or less stringent requirements. However, this decision comes with its own set of uncertainties. Most regions are yet to confirm their sponsorship policies, however in line with requirements from previous program years, most regions require applicants to have been living and working in the region for 3-12 months before qualifying for sponsorship. With sponsorship criteria for other regions yet to be released, this makes relocation on the hopes of securing sponsorship from another region a gamble.

Conclusion

In light of the current challenges in Queensland, it may be wise to stick with the known criteria rather than face the uncertainty of relocating, and to explore pathways that have more certainty like employer sponsorship. We are keeping a close eye on updates regarding state nomination criteria and will continue to work with our clients to explore the best pathways forward as more information becomes available. By staying informed and proactive, you can navigate the complexities of the skilled state-nominated visa pathways and move closer to achieving your goal of permanent residency in Australia.

Navigating Parent Migration to Australia in the 2024-25 Program Year

The recent federal budget announcement has confirmed that planning levels for Parent visas in Australia will remain unchanged at 8,500 places for the 2024-25 program year. This decision mirrors last year’s allocation, which will continue to exacerbate slow visa processing times being faced by families hoping to reunite in Australia through the various Parent Visa Programs.

The two main categories of parent visas available under the Parent Migration Program are the Contributory Parent visa and (non-contributory) Parent visa. Unfortunately, the wait times for these visas are among the longest of any Australian visa category.

Understanding the Planning Levels

In general, there are more Parent visas being submitted under the Parent Visa Program than the number of places allocated each year for visas to be approved. For this reason, most applicants will wait several years for a place to become available for their visas to be approved.

Prior to the onset of the COVID-19 pandemic, the average wait time for a Contributory Parent visa was around 5-6 years, and upwards of 20+ years for a non-contributory Parent visas.

During the pandemic whilst Australian borders were closed, planning levels for Parent visas were slashed to 4,500 places or half the number of places usually allocated within this program, whilst at the same time, the Australian government received higher than usual numbers of lodgements. This resulted in a significant disruption to the processing pipeline, with the consequence that applicants who lodged their visas pre-pandemic will now wait longer for their visas to be processed, whilst applicants who have lodged after the pandemic could face wait times of up to 12 or more years for their visas to be finalised.

Estimated Wait Times

It can be notoriously difficult to predict wait times within the Parent Migration Program. This is because changes in planning levels, as well as internal government decisions relating to the order of processing (for examples cases that are remitted from the Tribunal, or cases requiring escalation, e.g. applications from Ukraine due to conflict where prioritised in 2022) will impact individual wait times. As the government can only grant a set number of Parent visas each year, any decision to prioritise certain lodgements over others will impact other applicants waiting in the queue.

The federal government is currently processing Contributory Parent visas that have been lodged / queued up to 26 June 2017. Based on current planning levels, we would estimate future lodgements to be processed within the indicative time range published below:

Date of Lodgement	Estimated Processing Time
June 2017	August 2024
December 2017	January 2025
January 2018	February 2025
June 2018	August 2025
December 2018	January 2026
January 2019	February 2026
June 2019	August 2026
December 2019	February 2027
January 2020	March 2027
June 2020	August 2027
December 2020	February 2028
January 2021	March 2028
June 2021	September 2018
December 2021	June 2029
January 2022	July 2029
June 2022	February 2030
December 2022	January 2031
January 2023	March 2031
June 2023	June 2032
December 2023	December 2033

Please note the above are estimates only and are based on a number of assumptions, for example that migration planning levels will remain stable at 8,500 cases per year, but the speed of processing will vary from month to month, so this is an approximate timeline.

This date also assumes that 10% of visa applications each year will be refused, withdrawn, or will not make it to visa grant for another reason – eg the death of the visa applicant.

It also assumes that queue dates will be issued in chronological order, however as noted above, sometimes due to extenuating circumstances some applications may be prioritised over others.

Temporary Visa Options

Given the substantial wait times for Contributory and (non-contributory) Parent visas, families should consider temporary alternatives to spend time together in Australia whilst their applications are processing. Options include:

1. Temporary Visitor Visas: These visas allow parents to visit Australia for short stays, typically up to one year.
2. Temporary Sponsored Parent Visas: This visa facilitates stays ranging from 3 to 5 years and renewable up to 10 years, providing a longer-term solution for parents waiting for permanent residency.

While these temporary visas do not offer a pathway to permanent residency, they can be a practical way for families to maintain close ties and make lasting memories while waiting for permanent visas to process.

Conclusion

The 2024-25 program year offers little relief for those hoping for a reduction in wait times for Parent visas. The continued low allocation and the backlog caused by the pandemic mean that families will need to remain patient. Exploring temporary visa options can provide a valuable opportunity for parents and children to be together in the interim.

If you have specific questions or concerns about your visa application or alternative options, please do not hesitate to contact our office for personalized advice and support. Navigating the complexities of the Australian immigration system can be challenging, but with the right guidance, you can find the best path forward for your family.

For those of our client’s seeking sponsorship under the state’s skilled program via the Subclass 190 or 491 visa program, here’s a comprehensive update on recent developments and what lies ahead.

As of Friday, 10th May 2024, Migration Queensland has officially announced the closure of its state-nominated skilled program for the financial year 2023-24, having exhausted the available quota for the current program year. 

This year’s program witnessed an unprecedented level of competitiveness. Queensland received a staggering 40,000 EOIs from applicants vying for a nomination allocation of merely 1,550 places. Such fierce competition underscores the desirability of Queensland as a migration destination and the caliber of skilled professionals it attracts.

During the 23-24 program year, most applicants who received invitations boasted a commendable 95 points or higher. Only a select number of applicants, primarily international graduates, were extended invitations at 90 points, and predominantly those with expertise in the STEM or other ‘in demand’ sectors such as healthcare and teaching. This sheds light on the significance of taking all reasonable steps to increase points, noting the pivotal role it plays in the selection process.

Our anticipation now shifts to the impending release of the federal budget next week. This crucial event will provide valuable insights into migration planning levels for the next financial year. It’s imperative to note that expectations lean towards lower quota levels, driven by community pressures to reduce migration levels, especially with elections looming in 2025.

Looking ahead, changes are on the horizon. Proposed adjustments slated for introduction by the end of 2024 aim to refine the Skilled Migration Program (SMP) to better address skills shortages. This includes revisiting the points test to prioritize skill over sheer perseverance. In light of these evolving dynamics and anticipated quota reductions, applicants are encouraged to explore alternative migration pathways, including employer-sponsored options. With recent changes to the 482 visa program now providing a residency pathway for all STSOL / MLTSSL occupations post November 2023, many applicants may benefit from pursuing alternative residency pathways outside of the Skilled Migration Program.

For clients with visa deadlines looming, rest assured that assistance is at hand. Feel free to reach out from the end of next week to discuss the implications of the federal budget on your migration strategy, and to explore available options to extend your visa. In a climate of uncertainty, proactive engagement is key to navigating the intricacies of visa compliance.

In conclusion, while the road ahead may present challenges, it also brims with possibilities. Queensland remains steadfast in its commitment to fostering a diverse and dynamic society, enriched by the contributions of skilled migrants. As we embark on this journey together, let’s embrace change, seize opportunities, and chart a course towards a brighter future, hand in hand with Queensland.

In March 2024, the government introduced a significant update to the Core Skills Occupations List (CSOL), sparking discussions and debates across various sectors. The CSOL serves as a crucial document outlining the occupations deemed essential for the nation’s growth and development. This list may serve as a base for the occupations which will form part of Australia’s various visa programs going forward into the future.

This latest draft reflects the evolving needs of the workforce and the economy, aiming to align skills with emerging trends and challenges. Central to this update is the intricate relationship between the CSOL and the various migration programs. As countries increasingly rely on skilled migration to address labor shortages and drive economic growth, the CSOL plays a pivotal role in shaping immigration policies and facilitating the recruitment of talent from around the globe. Let’s delve deeper into this draft CSOL and its implications, particularly in the context of migration programs and skilled labor mobility.

Understanding the CSOL:

The Core Skills Occupations List is a vital tool utilized by governments to identify occupations that are crucial for the sustained growth and functionality of the economy. It encompasses a diverse array of professions, ranging from traditional roles to those emerging due to technological advancements and shifting societal needs. The CSOL influences various aspects of policymaking, including immigration, education, and training initiatives.

Key Updates in the Draft CSOL:

The newly released draft CSOL reflects the government’s efforts to adapt to the rapidly changing economic landscape and technological advancements. Some key highlights of the updated list include:

1. Emerging Technology Roles: With the proliferation of technologies such as artificial intelligence, blockchain, and data analytics, the draft CSOL emphasizes the importance of occupations related to these fields. Roles like AI specialists, blockchain developers, and data scientists feature prominently, acknowledging the critical role of technology in driving innovation and competitiveness.
2. Green Economy Professions: As the world grapples with climate change and environmental degradation, the draft CSOL places a significant emphasis on occupations related to sustainability and renewable energy. Jobs in renewable energy production, environmental engineering, and sustainable design are given prominence, reflecting the growing importance of transitioning towards a greener economy.
3. Healthcare and Well-being: The ongoing global health crisis has underscored the importance of healthcare professionals and support staff. The draft CSOL recognizes this by including a wide range of healthcare occupations, including doctors, nurses, allied health professionals, and mental health counselors. Additionally, roles focused on promoting mental well-being, such as psychologists and wellness coaches, are also highlighted.
4. Digital Marketing and E-commerce: With the increasing digitization of businesses and consumer behavior, the draft CSOL acknowledges the significance of roles in digital marketing, e-commerce, and online sales. Professionals adept at leveraging digital platforms for marketing strategies and driving online sales growth are in high demand, reflecting the evolving nature of commerce in the digital age.

Implications and Considerations:

The unveiling of the draft CSOL has significant implications for various stakeholders, including employers, educators, policymakers, and aspiring professionals. Some key considerations stemming from this development include:

1. Workforce Planning and Development: Employers can use the draft CSOL as a guide for workforce planning, ensuring that they have the necessary talent to meet evolving business needs. Additionally, educators and training providers can align their programs with the occupations listed, equipping individuals with the skills demanded by the labor market.
2. Immigration Policies: The CSOL often influences immigration policies, particularly in countries where skilled migration is a significant component of workforce replenishment. The inclusion of certain occupations in the list may facilitate the recruitment of skilled migrants to fill gaps in the labor market, contributing to economic growth and diversity.
3. Investment in Education and Training: Governments may allocate resources towards education and training initiatives that support the development of skills listed in the CSOL. This could involve investments in STEM (Science, Technology, Engineering, and Mathematics) education, vocational training programs, and lifelong learning initiatives to ensure a skilled and adaptable workforce.
4. Addressing Skills Gaps: By identifying occupations in high demand, the draft CSOL helps to highlight areas where there may be significant skills shortages. Policymakers can use this information to implement targeted interventions aimed at bridging these gaps, such as incentivizing training in key areas or supporting re-skilling and up-skilling programs for incumbent workers.

Conclusion:

The release of the draft Core Skills Occupations List (CSOL) represents a significant step towards aligning the workforce with the evolving needs of the economy. By identifying key occupations in demand, the CSOL serves as a valuable resource for policymakers, educators, employers, and individuals seeking to navigate the complex landscape of the modern labor market. As stakeholders engage with the draft list and provide feedback, it is imperative to ensure that the final version accurately reflects the dynamic nature of the economy and fosters inclusive growth and opportunity for all.

The Australian government has recently revealed an ambitious migration vision that aims to reshape its demographic landscape in 2024 and beyond. With a commitment to fostering economic growth, cultural enrichment, and global collaboration, the Australian government has outlined a progressive plan to welcome skilled professionals, entrepreneurs, and students from around the world.

A copy of the Migration Strategy released by the Australian Government is available here, which sets out a number of significant proposed reforms to Australia’s migration system aimed at meeting the future needs of the nation and deliver for Australia—its people, businesses, governments and migrants.

A summary of the key reforms outlined in the Migration Strategy is outlined below:

1. A new three tier skills in demand visa is set to be introduced for temporary visa holders, which will replace the current Temporary Skills Program; 

• Essential skills pathway: workers in care roles paid less than $70,000 per year. 
• Core skills pathway: Workers in skills shortage area paid $70,0001 to $1,35,000. 
• Specialist Skills pathway: Highly paid workers ($1,35,000+) in any field except trade workers, Machinery Operators, Drivers and Labourers. 

2. A new system in place to grant visas in 7 days for highly paid overseas staff. 

3. All temporary skilled workers will be able to switch employers from late next year and have a pathway for PR (more details to be known). 

4. The Skilling Australia Fund (SAF) levy will be able to be paid in intervals by the employer, rather than paying upfront. 

5. 2 Year extension of post study work rights for eligible qualifications for 485 visa holders will be scrapped. 

6. A genuine student test will be introduced for student visa applications which will consider academic or career progression and usefulness of the intended study to their future career prospects. 

7. The Skilled points system will be overhauled, with priority to be given to skills over perseverance. 

8. International students working in skilled jobs will have more opportunity to become permanent residents. 

9. BIIP will be replaced by a Talent and Innovation visa. 

10. Fast track visa processing times for Regional visas. 

11. Tougher rules for international students, including lifting English Standards. 

12. New online register for employers for sponsor foreign workers to help skilled workers connect with sponsors.

13. Labour market testing will also be overhauled. Employers will no longer be required to advertise positions to locals on the government-run Workforce Australia website before applying to bring in a foreign worker.

14. Students applying for a Graduate visa will require a score of 6.5 up from 6.0, while Student visa applicants will need a 6.0 up from 5.5.

15. Restrictions on applying for a further Student visa after holding a Graduate visa.

Australia’s new migration vision for 2024 reflects a forward-looking and comprehensive strategy aimed at leveraging the talents and contributions of global citizens. Importantly however, a number of the reforms are still under consideration with no fixed timetable, although the government has indicated a preferred timeline of implementation towards the end of 2024. 

As the new year unfolds, the implementation of these initiatives will be closely watched, promising a transformative journey for Australia’s migration landscape in 2024 and beyond.

When embarking on the journey of applying for a Partner visa, one of the critical components is providing evidence that showcases the genuineness and depth of your relationship. The Department will scrutinise various facets of your partnership, with emphasis on the household, financial, social and commitment aspects of your relationship in order to determine whether your relationship is genuine and continuing. To ensure a successful application, consider the following checklist:

Evidence of your relationship

Your relationship with your partner

If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner, provide proof of your de facto relationship (see below).

This proof should show that:

• you have a mutual commitment with your spouse or de facto partner to the exclusion of all others
• your relationship is genuine and continuing
• you either live together or don’t live permanently apart
• you are not related by family

As a starting point, provide a relationship letter, telling the Department in writing about:

• how, when and where you first met
• how the relationship developed
• when you moved in together, got engaged or married
• what you do together
• time you spent apart
• significant events in the relationship
• your plans for the future

Finances

Show the Department how you and your partner share financial matters. Documents may include:

• joint mortgage or lease documents
• joint loan documents for major assets like homes, cars or major appliances
• joint bank account statements
• household bills in both names

Your Household

Show the Department how you and your partner share domestic matters. You could provide:

• a statement about how you share housework
• household bills in both names
• mail or emails addressed to you both
• documents that show joint responsibility for children
• documents that prove your living arrangements

Social Matters

Show the Department evidence that others know about your relationship, such as

• joint invitations or evidence you go out together
• proof you have friends in common
• proof you have told government, public or commercial bodies about your relationship
• proof you do joint sporting, cultural or social activities together
• proof you travel together

Commitment

Show the Department how you are committed to a long-term relationship with your partner. This could include:

• proof you have knowledge of each other’s background, family situation or other personal details. This can be demonstrated in your relationship letters
• proof you have combined your personal matters
• the terms of your wills
• proof you stay in touch when apart, such as communication records

Additional proof of a de facto relationship

In addition to documents proving your relationship, if you are in a de facto relationship, you must show that you have been in you for at least 12 months before you applied for this visa.

If you haven’t been in the relationship for 12 months, you may need to provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or explain any compelling and compassionate circumstances exist to grant the visa.

Conclusion

Collating evidence across these four key aspects is pivotal in substantiating the authenticity of your relationship for a partner visa application. The more comprehensive and diverse your evidence, the stronger your case becomes. It’s crucial to provide a multifaceted view of your relationship, illustrating its depth and sincerity.

Navigating the requirements for relationship evidence can be complex, but thorough documentation and attention to detail greatly enhance the chances of a successful application. Each piece of evidence contributes to painting a vivid picture of your relationship, showcasing its strength and commitment.

Remember, while this checklist serves as a guide, individual circumstances may vary. Queensland Migration Practice can provide tailored guidance to ensure a successful Partner visa application.

Queensland, known for its vibrant economy and diverse opportunities, has been a sought-after destination for skilled migrants looking to make Australia their home. However, this year, aspiring migrants aiming for Queensland’s state sponsorship for a Skilled visa have encountered a significant shift in the program dynamics. With a reduced quota of 1,000 places this year, down by one-third from the previous year’s allocation of 3,000 spots, the competition has intensified, requiring applicants to strategize and stand out more than ever before.

Changes in Selection Criteria

One of the most notable changes this year is the stringent invitation criteria. Whilst the criteria to seek nomination has lowered, successful applicants to receive a nomination invitation in the last three end of month rounds, includings the November round held on 28 November 2023, have primarily been those boasting a points score of 95 or higher, or possessing unique attributes that distinguish them in their respective fields. The emphasis on a higher points score urges candidates to explore all possible avenues to bolster their points tally.

Striving for a Competitive Edge

The lowered quota and heightened competition signal the necessity for applicants to take proactive measures to increase their points score. While the minimum required points might have sufficed in the past, this year demands a more robust approach. Upskilling, gaining additional work experience, improving English proficiency, obtaining language accreditation, introducing partner skills or securing a higher qualification are some avenues aspirants can explore to enhance their chances.

Exploring Alternative Pathways

Given the competitive nature of the current landscape, potential applicants are encouraged to consider alternative visa pathways. For applicants with Covid visas expiring before February 2024, further extensions are still available. Alternatively, employer-sponsored visas present viable options for skilled individuals seeking to make Queensland their home. These pathways often offer a different set of requirements and may provide a more accessible route for some candidates, and with changes introduced from 25 November introducing more flexible residency pathways for all occupations via employer-sponsored pathways, now is the time to start opening channels of communication with prospective employers.

Urgency for Visa Renewal

For individuals whose visas are nearing expiration within the next 90 days, it’s crucial to act swiftly. Seeking alternative options and exploring viable pathways becomes even more pressing in these circumstances. Queensland Migration Practice advises prospective applicants with any immediate concerns to contact our office to discuss alternative solutions, ensuring a smooth transition without compromising one’s immigration status.

Australia is a popular destination for many migrants seeking a better life. However, for parents of Australian citizens and permanent residents, obtaining a permanent visa to join their loved ones in Australia can be a long and arduous process. The two main parent visas available are the Contributory Parent visa and the Aged Parent visa. Unfortunately, the wait times for these visas are among the longest of any Australian visa category.

The Contributory Parent visa is a popular option for those who want to join their children in Australia. It requires a significant financial commitment, as applicants must pay a large sum of money upfront to cover the costs of their healthcare and other expenses. The current cost for a Contributory Parent visa is over $47,000 per applicant. Despite this high cost, the demand for these visas is high, resulting in lengthy processing times. As of May 2023, the estimated processing time for new Contributory Parent visa applications is at least 12 years.

The Aged Parent visa is another option for parents who want to live in Australia. This visa is available to those who meet the age requirement of 65 years or older and have a child who is an Australian citizen or permanent resident. The processing time for this visa is also lengthy, with estimates of up to 30 years for some applicants. This long wait time has made it difficult for many families to plan their future together, causing a great deal of frustration and anxiety.

The recent Australian Federal Budget for 2023-24 has allocated 8,500 places for Parent visas, consistent with the previous year’s Planning Levels. This means that unfortunately, there is little relief for parents with applications waiting in the queue. Instead, the 2023-24 permanent Migration Program places an emphasis on skilled migrants, with allocated planning levels spreading visa quota across an approximately 70:30 split between skilled and family visas. Despite the economic benefits that skilled migrants can bring to the country, it is important to acknowledge the value of family reunification and the role that parents can play in supporting their children and grandchildren in Australia.

During the 2022-23 migration program year, the Department finalised Contributory Parent visa applications lodged up to March 2017. These applicants experienced wait times of approximately 6 years.

For new Contributory Parent visa applications, the estimated processing time is approximately 12 years.

For applications lodged between 2018 and 2023, the exact wait times will vary significantly depending on your specific place in the queue, how many applications are ahead of yours in the queue, and how many individuals are seeking a visa as part of those applications (noting that migration planning levels are per person being issued a visa, not per application).

For example, publicly available information confirms that the Department has finalised applications up to March 2017. According to data available under Freedom of Information provisions, the number of Contributory Parent visa applications lodged in 2016/17 was 19,787 and in 2017/18 was 10,301 – you can view this information here.

This means that for applicants who lodged their applications in 2019, it may take another 2 program years just to finalise applications lodged in the latter stages of the 2017 fiscal year, and throughout the 2017/18 fiscal year alone.

We had hoped to see an increase in places allocated this year to make up for the reduced processing which occurred during the border closures in the 2020-2021 fiscal years due to the pandemic. However the government’s decision to hold planning levels steady will see current backlogs and delays remain at parity. We understand that these ongoing processing delays are highly frustrating, particularly in light of the Department’s lack of transparency about ongoing wait times for individual applications. 

Given the significant wait times for Contributory and Aged Parent visas, it is important for families to explore other options for spending time together in Australia. Temporary Visitor visas and temporary Sponsored Parent visas are available, which can facilitate stays of 1 to 10 years, depending on individual circumstances. While these visas do not provide permanent residency, they can offer a valuable opportunity for parents to spend time with their loved ones and make lasting memories whilst waiting for their permanent visas to process.

In conclusion, the wait times for Contributory and Aged Parent visas are becoming increasingly significant, and it is important for families to explore all available options to spend time together in Australia. While there is little relief for parents in the Federal Budget for 2023-24, temporary visas offer an alternative for those who do not want to wait for years to be reunited with their children and grandchildren. It is essential to seek updated advice about interim options to spend time in Australia with your loved ones, and to remain patient and hopeful throughout the visa application process.

As individual circumstances will vary, we would encourage you to contact our office if you have any specific questions or concerns about your application or alternative options.

Have you been granted a Bridging visa with limited work rights, or no work rights?

If you have any one of the following conditions applied on your visa, you may not have full work rights:

8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112, 8115, 8547, 8607 or 8608;

If you are suffering from financial hardship and need to work, you may be eligible to apply for a new Bridging visa with these conditions removed, effectively giving you full work rights. To do this, you will need to substantiate to the Department of Home Affairs that you have a “compelling need to work”.

You may be able to apply for work rights on the basis of compelling need to work if:

• You are on bridging visa A, C or E without work rights; or
• You are on a bridging visa without work rights and have applied for a Temporary Skills Shortage visa (subclass 482).

Applying for work rights will require you to apply for a new Bridging visa with information supporting your compelling need to work. Please be aware that the Department can have regard to information that has been provided in previous visa applications or permission to work applications, thus it is important to avoid providing conflicting evidence in any subsequent applications, unless there is a reasonable explanation or evidence to support the inconsistencies or change in circumstances.

In this article we will discuss how to apply for work rights on a Bridging Visa A that is not related to a pending application for a 482 visa. If you have a Bridging Visa C or E, or a Bridging Visa A granted in association with an application for a Subclass 482 visa, different considerations will apply when seeking to remove work limitations.

Compelling need to work

A “compelling need to work” is defined in the relevant legislation as being in financial hardship. In short, the Department is looking to see that you are currently facing, or will soon face, financial hardship. 

The Department considers that a person is in financial hardship where “the cost of reasonable living expenses exceeds your ability to pay for them”. To establish this, you will need to provide evidence about your income, savings, expenses and support available from other persons such as your partner or family.

In all circumstances, the Department can have regard to a range of factors in determining whether there is a compelling need to work, for example:

• Whether your claimed expenses are reasonable
• How you have supported yourself up until the point of application and how that support will continue
• If there are other possible means of support such as a sponsor or nominator, relatives or friends in Australia or overseas
• If you will become a burden on public funds or charitable institutions
• When the substantive visa application is likely to receive a decision

Any claimed expenses should be reasonable for your situation. Including unnecessary expenditures such as fancy meals and branded goods would obviously not be taken into consideration. 

When considering your circumstances, the Department can consider any contractual obligations or necessary expenses such as food, accommodation and other necessities, including supporting any dependent children. 

Possible compelling reasons to work can include situations where your means of support has been through savings and those savings are running out, or where a person has suddenly lost a stream of income (i.e. loss of job).

The Department will also consider when a decision is likely to be made on your substantive visa application. A long processing time for the substantive visa will likely be given more weight in determining that a person has a compelling need to work.

If you have a compelling need to work, contact our office today to discuss your circumstances in more detail.