[Guide] 2021 Update for Aus by Migration Agent/Former Immigration Officer

Hi everyone I'm back!

Luckily for us here in Australia, we've brought COVID under control and stability is starting to return to most facets of our lives. But migration has been slow to see any improvements since the pandemic started.

Having said that, immigration policies now are becoming much less erratic and getting more predictable now, so thought I'd give you all an update on the status quo.

Also happy to answer any other questions you have about getting Australian visas 😊

DISCLOSURE: Reddit has an amazing community and has helped me out in the past, so happy to keep contributing every now and then. I run a migration agency (MARN: 1576409), so these posts do also help us attract clients from time to time. I also get a lot of personal msgs asking the same questions, so answering them here and directing you all to my free webinars will also save me time in giving you the same responses!

General

  • The borders remain closed, with only some exceptions allowed, such as de facto/married partners of Aussie PRs or citizens, or people being sponsored by employers in certain occupations:https://covid19.homeaffairs.gov.au/travel-restrictions
  • The borders will likely remain closed until late next year, or early next year. The government doesn't seem to have an appetite for bringing in visitors/migrants at the risk of shutting down the economy again.
  • Processing for many visas subclasses are indefinitely postponed, or only being processed at a trickle of a pace
  • Some visa concessions have been put in place, particularly for those already in Australia:https://covid19.homeaffairs.gov.au/covid-19-visa-concessions

Partner Visas

Link for free Partner visa webinar here.

If you've got an Australian partner and you're hoping to come to Australia to apply for the Partner visa, you'll need to obtain an exemption for spouses and de facto partners of Australian PRs or citizens:https://covid19.homeaffairs.gov.au/immediate-family-australian-citizen-or-permanent-resident

The refusal rate for travel exemptions remains very high, and only has an uncertain prospect of success at best. Based on our experience, we've noticed these are the types that are more likely to get through:

  • couples (either married or de facto) who can show they currently/previously had a joint household established
  • especially when documents relating to the joint household are weak, married couples are more likely to get an exemption
  • strong evidence of relationship against the 4 key Partner visa criteria

For the best chance of success, you have to treat these exemption applications like a proper Partner visa application - despite the form being a lot shorter. You also have to be strategic about the documents to include because of the doc attachment limit.

If you qualify under the regular definitions of being a de facto partner/spouse, I'd say go for the exemption. You don't have much to lose and the work you put in overlaps a lot with the work you'll eventually do for the Partner visa anyway. If you don't succeed, then just switch your strategy to do an offshore application.

Processing of offshore Partner visas have now resumed, so I think it's better to get that process started and get your application to the front of the queue, rather than waiting for the borders to open to do an offshore application.

New changes are also being introduced for the Partner visa (likely in Nov 2021), so applying earlier is also helps you avoid these new requirements. The new changes are:

  • Sponsor must first apply to become an approved sponsor (i.e. extra time and cost), before the applicant can lodge their visa application
  • English language requirements for both applicant and sponsor

Skilled Migration

Almost everyone who doesn't have an Australian partner wants to migrate on a skilled visa. You've probably seen your occupation on some list that seems to suggest it's in great demand. Sorry to burst your bubble but it's actually very difficult to get one. Your most realistic chance of success is to study only very specific courses, in very specific regional areas of Australia, to get one. Quick summary here:https://www.youtube.com/watch?v=1jH5IImlxuo&t=1s

Not convinced? I'll elaborate at our next webinar here.

If you're not familiar with the ins and outs of skilled migration, I suggest referring to the resources above first. Otherwise, here are some updates for those who are a bit more in the know:

  • The 189 visa (i.e. the standard skilled migration visa) is only open for certain occupations; likely only those related to health. The quota for this visa has been cut by a whopping 67%, which means the points cutoff for the 189 visa is likely to be even higher than before (very likely to climb to 95-100 points) , once the visa program fully reopens post-COVID
  • Now more than ever before, state nomination for the 190/491 visas will be the key to getting PR due to its ability to offer a pathway to PR without requiring more than 65 points in most cases.
  • The state nomination programs have all now re-opened for onshore applicants, many of which have integrated new post-COVID requirements.
    • State nomination remains closed for offshore applicants. Note that even when the offshore programs reopen, your chance of success by applying directly from overseas would only be about 30-40% anyway.
    • Most successful applicants for state nomination would have studied or worked according to the requirements of the state.

Students

  • Offshore Student visa processing has started again and the government has announced that they want students to have a visa ready for when the borders re-open: https://minister.homeaffairs.gov.au/alantudge/Pages/supporting-international-students-support-australian-jobs.aspx
  • Even if you're offshore, most education institutions are willing to offer enrolment; with the expectation they'll defer your commencement for when you can come to Australia.
  • Small groups of students have arrived in Australia from the start of 2021 through joint programs organised by the universities and the government
  • If you're interested in PR, please refer to the resources linked in the Skilled Migration section. It's SO ABSOLUTELY CRITICAL that you study the correct courses in the correct locations to set yourself up for PR. Otherwise, you'll find that your years of course fees and study will be for nothing. You'll also find our PR Strategy Sessions useful: https://www.skylarkmigration.com.au/strategy

Employer Sponsorship

EDIT: fixed a typo

EDIT#2: I've been really swamped with work lately, so one of my team members (u/ SurroundedByNature) [MARN: 2117605] have kindly offered to help answer questions as well 😊