AUSTRALIAN IMMIGRATION UPDATES: OCTOBER 2024
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1. New Administrative Review Tribunal (ART) Replaces AAT
As of October 14, 2024, the Administrative Appeals Tribunal(AAT) has been officially replaced by the Administrative Review Tribunal (ART).This shift is designed to improve the efficiency and fairness of the reviewprocess, particularly for migration and refugee cases.
What’s New?
The ART inherits all active cases from the AAT, meaningapplicants with existing appeals will not need to reapply. In addition tomigration, the ART will continue to oversee reviews in areas like socialsecurity, veterans’ entitlements, and more.
Why It Matters:
The ART’s focus on transparency and merit-based memberselection aims to streamline decision-making and improve user experiences. Forapplicants, this change is anticipated to reduce wait times and improve theoverall fairness of the review process.
If you’re involved in a migration case, Auspac Visa isavailable to help guide you through these changes and assess how they mayimpact your situation.
2. Top 5 Mistakes to Avoid in Partner Visa Applications
Applying for a partner visa in Australia can be challenging,with high refusal rates due to minor errors or omissions. Here are the fivemost common mistakes that applicants should avoid:
Provide a Detailed Relationship Statement:
Don’t be brief! The relationship statement should delve intoyour relationship history, important milestones, and future plans. Awell-structured statement reflects sincerity and depth, helping the caseofficer understand the commitment level.
Full Disclosure of Relevant Information:
Be upfront about past relationships, criminal records, orother relevant details. Even minor omissions can lead to rejection as theDepartment of Home Affairs is diligent in cross-referencing information.
Consistency Across Documents:
Avoid discrepancies in your documentation. Make sure thatdates and details across all submitted documents are aligned to prevent doubtsabout the authenticity of your relationship.
Sufficient Evidence:
Support your application with a variety of documents,including joint bank statements, utility bills, lease agreements, and travelrecords. Photos alone aren’t enough to prove the authenticity of yourrelationship.
Promptly Update the Department:
Keep the Department informed of any changes in address,employment, or contact details. Failure to update information can raisequestions about the current status of your relationship.
A migration agent can assist you in ensuring that yourapplication meets all requirements, reducing the risk of refusal.
3. Australia-Philippines Work and Holiday Visa
On September 8, 2023, Australia and the Philippines signed aMemorandum of Understanding for a Work and Holiday visa arrangement (subclass462), opening new opportunities for young travelers.
Visa Highlights:
Up to 200 young adults from each country will have thechance to stay in the other country for 12 months. During this time,participants can work short-term jobs and enroll in short courses, making it afantastic opportunity for cultural exchange and skill development.
Administrative Preparations:
Both countries are finalizing the necessary steps, withdetails on the application process expected soon. Filipino applicants will needa Letter of Concurrence (LoC) from their government, while Australianapplicants will also have specific requirements to follow.
Stay tuned for updates on the official start date anddetailed instructions on how to apply. #WorkAndHoliday
4. OSCA to Replace ANZSCO on December 6, 2024
The Occupation Standard Classification for Australia (OSCA)will replace the long-standing ANZSCO system starting December 6, 2024. Thisnew classification system is designed to better reflect the evolving Australianlabor market.
What’s Changing?
OSCA will offer a more tailored approach to categorizingoccupations based on Australian workforce needs while maintaining alignmentwith New Zealand’s parallel system. This update is essential for employers andskilled migrants as it improves job classifications for migration purposes.
Why It Matters:
For skilled migrants and recruiters, OSCA will provide aclearer framework for matching job roles with required skills, helping toaddress labor shortages in critical industries.
Stay informed on these changes, especially if you’reinvolved in skilled migration or recruitment processes.
5. NSW Sponsorship Updates for 190 and 491 Visas
New South Wales has simplified its sponsorship requirementsfor the Skilled Nominated (subclass 190) and Skilled Work Regional (subclass491) visas.
Key Updates:
The updated criteria eliminate “deeming dates,” whichpreviously restricted some forms of employment from being recognized. NSW nowaligns with the Department of Home Affairs' standards, potentially broadeningeligibility for applicants. Skilled trades like carpenters and joiners, whichare in high demand for housing projects, have also been included in the newoccupation list.
Impact on Housing Construction:
With the focus on skilled trades, NSW’s updated listsupports the government’s initiative to ramp up housing supply by ensuring thatessential trades are adequately represented.
If you’re considering applying under the 190 or 491 visas,Auspac Visa can help you navigate these new criteria.
NSW Skills List
Skilled Nominated visa (subclass 190)
The Skilled Nominated visa (subclass 190) is a points-tested permanent visa for highly skilled individuals who can contribute to the NSW economy. To be eligible for NSW nomination, your occupation must fall within an ANZSCO unit group identified below, which reflects skills in high demand across the state, and be eligible for the visa.
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NSW Regional Skills List
Skilled Work Regional visa (subclass 491)
The Skilled Work Regional visa (subclass 491) is a points-tested provisional visa for highly skilled individuals who can contribute to the NSW economy. To be eligible for NSW nomination under pathways 2 and 3, your occupation must fall within an ANZSCO unit group identified below, which reflects skills in high demand across the state, and be eligible for the visa.
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SOURCE: NSW skills lists | NSW Government
6. Student Visa Cap Debate
A heated debate continues over proposed legislation to capstudent visas. The Greens have signaled conditional support, but the LiberalParty remains strongly opposed, citing concerns over Labor's approach.
Potential Delays:
Without bipartisan backing, the legislation may facesignificant delays, impacting Australia’s ability to attract internationalstudents as the sector recovers post-pandemic. The debate is critical as itcould shape the future of Australia’s international education landscape.
The outcome of this debate will affect current andprospective students, making it an essential issue to watch in the comingmonths.
Stay connected with Auspac Visa for ongoing updates on thesechanges. Our team is ready to assist with any questions or support you may needthrough these transitions.
Related Articles:
Subclass491 – Skilled Work Regional (Provisional) Visa
SUBCLASS491 - This might be the only VISA that is good for you!
Subclass491 - Relative Sponsorship: Nasaan ang kamag-anak ko sa Australia?
Subclass491 and 190 Invitation Allocations per State and What it means
How to increase your chances of successful visa application
Looking for a Skilled Visa Option while Onshore?
Are you in the right occupation?
