[313th Australian Migration Weekly] Clarifying onshore vs offshore 485 lodgement and grant rules after the policy change; marketing, finance, design and more now eligible to convert to employer-sponsored PR!
1. Concession period officially ends — still unclear on onshore/offshore lodgement and grant?2. Employer-sponsored policy changes legislated and officially in force3. NT MINT opens 15 extra Subclass 491 places; QLD sending invitations?4. 143 request-for-information rollout reaches late May 2017; Migration Strategy coming soon (again)?5. Weekly summary of grants, invitations and skills assessment progress 1. Concession period officially ends — still unclear on onshore/offshore lodgement and grant?The most important news this week comes from two pieces of legislation announced on Friday — the first is thatthe concession period officially ended on 26 November,and the other is thenew legislation on the location where Subclass 485/820/309 visas can be granted. These two pieces need to be read together; they mainly affect Subclass 485, Parent visas, 489-to-887 conversions and offshore 309 partner visas. We will go through each in turn below.
New legislation on visa-grant location requirements
Subclass 485 visaFrom 26 November 2023, can only be lodged onshore in Australia (lodgement):– Post-Study Work and Graduate Work stream primary applicants must all lodge onshore (if the primary and secondary applicants lodged their 485 during the COVID period, they must be in the same place, meaning any secondary 485 lodgement must also be onshore in Australia).– Two-year extensions for specific qualifications and regional extensions must also be lodged onshore.Still able to be lodged either onshore or offshore (lodgement):– Subsequent applications across all 485 streams (adding a secondary applicant after the primary 485 has been granted).– The 485 Replacement stream can still be lodged offshore. From 26 November 2023, can only be lodged onshore in Australia (grant):All Subclass 485 visas can be granted either onshore or offshore in Australia.This is because, with the new grant-location legislation in place, all 485 applications — including primary and secondary applicants across every stream — can be granted offshore. So in summary: from 26 November 2023, Subclass 485 returns to the onshore lodgement requirement (except for Subsequent and Replacement streams), but the offshore grant restriction has been lifted.Example 1: Student A this yearcompletes her ITmaster’s at the end of December and recently returned to China for a break. She will need to return to Australia to lodge her 485 PSW; after lodgement she can choose either to stay in Australia or to return to China and wait for the grant. Example 2: Student B this yearcompletes his IT master’s at the end of December and plans to return to China for Chinese New Year in February next year. He can lodge the 485 in Australia first and then fly home; he can wait for the grant either in Australia or in China. If he plans to return to Australia later and wait for the grant there, note the following situations where a Bridging Visa B must be applied for before departure:(i) While onshore, the 485 Bridging Visa A has already come into effect (the original Student visa has expired).(ii) At the time of departure the 485 Bridging Visa A has not yet come into effect (the original Student visa is still valid), but you expect the Student visa to expire while you are offshore. Example 3:Student B held a 485 and was stranded offshore during the COVID period.As he meets the requirements for the Replacement stream, he can still lodge either offshore or onshore (for example, if he currently holds a Student visa in Australia), and can then wait for the grant either offshore or onshore.
Parent visasFrom 26 November 2023,applicants must depart Australia before the visa can be granted— this applies to anyone still waiting for a grant, whether they are currently onshore on a Visitor visa or a Bridging Visa A. If you are onshore when the case officer reaches your file, they will notify you to depart for grant; typically the visa is granted 1-3 business days after departure.Currently holding a Parent visa Bridging Visa A– Strictly speaking, the legal basis for this Bridging Visa A no longer exists, but whether the Department will actually exercise its power to cancel these bridging visas is hard to say. From experience this is not necessarily enforced, and we will monitor the situation closely after the 26th.– If you were planning to apply for a Bridging Visa B to travel home and then re-enter Australia, from the 26th onwards this will no longer be granted — we recommend withdrawing any such application proactively. 489 to 887– Only applicants who lodge their 887 conversion on or before 25 November 2023 are eligible for the six-month reduction in onshore regional residence.– Applicants who lodge the 887 conversion before 26 February 2024 can still benefit from the three-month reduction in regional work requirements.In effect, the work concession has a three-month transition period, while the residence concession has been removed immediately.– Grants can still take place either onshore or offshore — no change here. Subclass 309/820 Partner visasWhether lodged during the concession period or afterwards, grants can be issued either onshore or offshore. The group most affected by these two pieces of legislation is 485 applicants, and this coincides with the peak 485 lodgement period. The 485 has been amended many times and is now the most complex case; every round we see DIY applicants get refused because they chose the wrong stream, misjudged whether missing documents could be added later, or confused the graduation date on the completion letter with the date they assumed they graduated. There are also plenty of 1.5-year masters graduates who want to apply for 485 to stay in Australia and don’t know what to do. Please get in touch with us for a case-by-case assessment.For more 485 tips, see:A must-read for 90% of Australian international graduates pursuing PR! How do 1.5-year masters students qualify for a 485? Are you eligible for the 2-year or the 5-year stream? The DIY traps applicants fall into year after year! 2. Employer-sponsored policy changes legislated and officially in forceIt’s been a busy weekend — the new employer-sponsored rules take effect from Saturday the 25th, and the legislation was formally published and confirmed this week. Everything matches the earlier official announcements: no surprises, no twists.From 25 November 2023,the main changes are:– For all Subclass 457/482 holders converting to Subclass 186 TRT permanent residence, the work requirement is reduced to two years.– The 482 to 186 TRT PR pathway has no occupation-list restriction — every 482 holder now has a chance to transition to PR.– Some COVID-era concessions for transitioning to the 186 will be removed. What is not changing – Requirements for applying for the 482 (occupation, English, etc.) are unchanged. The nominated occupation must still appear on a federal skilled migration occupation list (with the exception of Labour Agreement and DAMA arrangements).– The age limit of 45 still applies to 482 to 186 TRT conversions.– All requirements for the 186 Direct Entry stream remain unchanged. Advantages of the Subclass 482:1. No annual financial-year quota on invitations or grants.2. Not a points-tested visa — no competitive ranking, no scrambling for points.3. Processed continuously throughout the year. Currently all occupations, whether onshore or offshore, are being processed quickly — no long waits for quotas or policy windows.4. The 482 English requirement is only IELTS 5; only two years of work experience is required; most occupations do not require a skills assessment.5. No age limit when applying for the 482 (an age limit applies to the later PR transition).6. One application covers the whole family. Dependent children in a number of states are entitled to free or discounted compulsory education.7. Over 500 occupations are eligible — covering the vast majority of roles. The following people can now lodge a PR application:– those who currentlyhold a Subclass 482visa–whose occupation is on the STSOL short-term list,for example Marketing Specialist, Graphic Designer, Cafe or Restaurant Manager, Web Designer, ICT Sales Representative, Cook and Massage Therapist–have worked for the nominating employer for two years–and meet the Englishand other requirementsIf you are on a 482 in a short-list occupation, already working and have work experience in Australia, or have overseas work experience and have found an Australian employer willing to sponsor you, please get in touch with us to check whether this is a fit! 3. NT MINT opens 15 extra Subclass 491 places; QLD sending invitations?Our panel agent Simon WU has receivedNorthern Territory MINTnews: this Friday they are opening an extra 15 Subclass 491 places, and priority will be given to candidates already on the waitlist. Once these places are used up, will more follow? Watch this space.Introduction to the Northern Territory MINT:Today! On 4 September the first wave of 50 MINT applicants saw their principal and interest refunded! Onshore, offshore and former international students can all go through MINT — are you across the details? Separately this week,Queenslandappears to have issued some pre-invitations — we say “appears” because, after scouring every source, we have only confirmed onebiotechnologist applicant on 85+5 points being invited,via the Graduate stream. If more invitation data emerges, we will add it in a follow-up. 4. 143 request-for-information rollout reaches late May 2017; Migration Strategy coming soon (again)?
This week our firm has received a large number ofSubclass 143 requests for further information. Previously these requests had reached around 9-10 May 2017; after this week,we are seeing requests reaching clients who lodged on 23 May 2017.
Because it takes time for applicants to respond, 143 requests for information tend to arrive in batches, followed by processing and then grants.
This week the Minister for Immigration spoke at theCEDA Migration Forum, summarising the changes (and achievements) the Labor government has made in migration since taking office — covering visa processing, the aged-care Labour Agreement, the new employer-sponsored rules, and so on — and also mentioning the long-awaited Migration Strategy.
–Overall processing times for temporary visas have dropped by 70%.TSS employer-sponsored processing has fallen from an average of 50 days to 11 days. Priority occupations have been processed especially quickly: in FY2022-23, 3,572 permanent-residence visas were granted to teaching occupations (up from just 548 the previous financial year), and 17,061 to health-and-medical occupations (up from 8,195).
–The aged-care Labour Agreementhas, since coming into effect in May this year,been signed by 21 employers,with another 4 currently under review. Employers who have already signed are expected to generate up to 9,000 employee visa applications over the next five years.
– The Minister also addressed the past year’s surge in Net Overseas Migration (NOM), attributing it partly to the post-pandemic rebound and partly to visa-setting factors. The Labor government has already taken a range of steps to curb growth — ending the concession period, reinstating work-hour limits for international students and gradually phasing out the Subclass 408 visa — and will continue to consider further measures.
–Beyond the changes already announced, the much-anticipated Migration Strategy is expected to be released soon and will contain further reform news.
ThisMigration Strategy gets a mention every time, but its release keeps being pushed back — first it was October, and now November is almost over. Will we see it before the end of 2023?
5. Weekly summary of grants, invitations, skills assessments and citizenship processing
Summary of recent NewStars grants and invitations across all categories:Long-press the item below to view — the page is updated continuously, so we strongly suggest you save and bookmark it!
Lodged 31 Oct 2023, granted 23 Nov 2023, onshore Lodged 6 Nov 2023, granted 24 Nov 2023, onshore
Subclass 485 Graduate work visa
Lodged 20 Sep 2023, granted 23 Nov 2023
Lodged 22 Sep 2023, granted 23 Nov 2023
Lodged 31 Aug 2023, granted 20 Nov 2023, onshore
Lodged 23 Sep 2023, granted 24 Nov 2023, onshore
Lodged 19 May 2022, granted 22 Nov 2023, family of threeLodged 19 Oct 2023, 485 Replacement granted 21 Nov 2023Lodged 11 Oct 2023, 485 Replacement granted 21 Nov 2023Lodged 20 Oct 2023, 485 Replacement granted 21 Nov 2023Lodged 30 Jun 2023, 485 Replacement granted 20 Nov 2023Lodged 1 Sep 2023, granted 20 Nov 2023Lodged 4 Sep 2023, granted 20 Nov 2023Lodged 21 Sep 2023, granted 23 Nov 2023 Subclass 155 visaLodged 24 Nov 2023, granted 24 Nov 2023Lodged 23 Nov 2023, granted 23 Nov 2023Lodged 6 Nov 2023, granted 23 Nov 2023Lodged 3 Nov 2023, granted 21 Nov 2023Lodged 13 Nov 2023, granted 20 Nov 2023
Lodged 5 Oct 2023, granted 21 Nov 2023
This week’s skills-assessment processing updatesVETASSESS
Lodged 10 Nov 2023, approved 22 Nov 2023, Patent Examiner
Lodged 24 Oct 2023, approved 17 Nov 2023. Occupation: Program or Project Administrator
Lodged 7 Nov 2023, approved 20 Nov 2023. Occupation: Laboratory Manager
Lodged 17 Nov 2023, approved 21 Nov 2023. Occupation: Commodities Trader
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