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  • News from MIA conference this weekend.

    Вот некоторые новости по поводу прошедшей конференции по вопросам иммиграции
    от миграционного агента с форума Бритишей.
    The Migration Institute of Australia conference which was held this weekend (9,10 & 11 Oct).

    Any news from MIA conference this weekend?



    No I didn't want to be disloyal but PiO seems to be down and Jamie Smith has been providing all of the summary data there. I've got some of it cached, here goes:


    I am not sure if this can add up to a question, but I have been re-reading the statistics report, and chewing on a few thought in relation to recent changes too (and recent changes is for me everthing since the introduction of the CSL in January 2009).

    It is without doubt that Australia is a popular country for emigration. Australia needs a constant growth of its population to sustain its economy in the long run. And preferably this could be done by a large part by allowing students that have completed a eduction in skills australia need to remain in Australia. One can be ensured of quality of education and the intermediate step of TR (with all noted consequences) ensures that they find experience and work in the job skill they nominate. Big discussions ongoing on this matter, and I follow them carefully.

    On the other hand skilled people that can be put to work now, in jobs that are in demand now, are needed too. It makes sense for the government to push employer sponsored visas first, and secondary state sponsored visas assuming that states can assess local demands better. Priority has always been in place for this (as far as I can see in the old reports) but the total amount of visas to be handled was relatively small.

    For the total skilled migration (that includes employer sponsored, state sponsored and family sponsored applications) the following numbers can be found:
    --------------- Lodgements ---- Grants ----- In pipeline at end of financial year (30-6)
    2006-2007 ---- 150,623 ----- 97,920 ------ unknown
    2007-2008 ---- 151,685 ----- 108,540 ----- 130,433
    2008-2009 ---- 163,009 ----- 114,777 ----- 133,601

    For this financial year the planning outcome is set at 108,100 grants and currently (if I remember well) about 5,100 skilled applications are lodged each month.

    Basically, there is a backlog (buffer) of over 130,000 applications. With the total amount of projected grants (for this year but I don't expect major changes for 2011-2012) this backlog will not be cleared. By introducing a priority system that can change at a whim, the government created a system that allows them to collect a steady amount of application fees, pick out the cherries from the pudding (only those applicants that are in need now and that can change tomorrow) and keep the rest in queue for an undetermined time (with the current priorities the person at the bottom will stay there forever) with no chance of money back ever.

    I understand how government budgets work (at least I know it for my native country), and you spend whatever is in budget otherwise your next years budget might be cut.

    It is sure time for change: escrow of clients money (yes a visa applicant is a client) and to clear up the backlog it would be a smart move not to accept new applicants for a while. Current situation basically allows the government to sit on client funds indefinitely whilst they pick the best looking cherries that have just arrived. The most fair way of course is a guaranteed time after which processing will commence (no priority -> your application will be on top of queue after x months latest and processing will commence), so that a system with boosted priority handling interlaced with a first in first out (FIFO) exists.

    Anyways, just my 2cts.


    Jamie Smith #1

    OK here's the update.

    Things are not going to relax anytime soon about skilled visa processing priorities.

    DIAC hold 2 years of supply of skilled migrant applications of non-CSL applicants. A total of 109,000 people right now are in Adelaide SPC alone. Brisbane has the same oversupply, as does Perth and Melbourne.

    They don't need to take any more applications at all, for a year to 18 months even if a quarter of people withdrew their applications.

    So the Minister can "afford" to be unkind, as he has more people applying than he can accommodate - even though the country needs all the people who have applied.

    A combination of time spent in processing cases with the annual total set at that level is now the obstacle. If they lift the cap numbers for the year, and process faster, they can clear the backlog.

    But they won't, because there is public fear that more new arrivals means more unemployment for Australians, when the reality is the opposite. The Government knows that's the truth and admits it, but the public don't and won't believe it so it becomes too hard to sell politically, and this Government won't try.

    The Minister apparently loves RSMS/ENS more than unsponsored skilled visas as there's an instant benefit for everyone and the issue of employability and skills/capailities has in essence already been solved. With unsponsored visass there are no guarantees that the skilled migrant will actually work in the profession or area for which they are being awarded points to migrate. ie issuing a visa to a chemist who then does property renovations doesn't solve the shortage of chemists.

    Although the state Government people involved in sponsoring say the changes were news to them, THEIR bosses knew it was coming as DIAC advised the state government skilled employment representatives at the last COAG meeting (where state and federal governments meet to try and work out how to cooperate on things). I guess the head honchos decided not to, or were asked not to, leak the onfo to the public so that DIAC didn't get more in the queue than are in it now.

    The last time a change was advertised something like 40% of a year's worth of cases were lodged in about 10 weeks.

    So..... Jamie's crystal ball says:

    The UK and many other country's migration markets to Australia will go flat and some agents will fold because of reduced demand and extended cash flow / payments as per contract.

    Without viable agents, the market will go even more pear shaped.

    Then, when the Aussie visa volume situation does recover, there will be a lag in applications due to reduced agent marketing and lack of interest from the UK etc.

    End result, a continued shortage of workers in Australia.

    A shortage now as the 2 years supply of stock on hand will include many who do what the chemist did above - change occupation to something less demanding.
    A shortage now and for the near term as few employers know anything about sponsoring a person from overseas, and it will take some time to wrap their heads around sponsoring for PR without "control" over the worker as per the 457 which now has more onerous compliance obligations and huge difficulties showing DIAC their commitment to training existing staff and local hiring effort.
    A shortage in the future as it will take some time for market confidence to recover and agents to start marketing Australia again.
    It's frustrating and not the fault of the applicant.

    The Govt would have known when they came to power that they had uncomfortably high volume in the pipeline yet did nothing due to the low unemployment rate. What they should have done then was increase the speed of processing and solve two problems at the same time, but they didn't.

    Then when the unemployment rate started to rise it made political sense to cut annual migrant volumes, plus add a deterrent to existing migration inflow and not process cases as fast.

    Of course people were in the pipeline months ahead of the flattening of the employment market and they didn't stop applying for visas...

    So the Govt let a a back log build up because they wouldn't invest in processing resources, and now they have a big backlog they think they can afford to just kill off the inflow.

    It's basic economics, supply and demand, but that doesn't factor in the issue of emotional confidence, which markets need to sustain a hit and recover later. By making agent businesses uneconomical now they undermine the recovery effort later.

    It's typical of a union led Government to not think about business issues.

    Will you get your money back if you withdraw - probably not, because if 50% did so the Govt would have to find about 40,000 application fees and refund them, about $40 million to come out of DIAC budget and DIAC will be saying "hang on, we already spent that money processing them to this point".

    All you can reasonably expect to get with the Minister holding all the cards (more demand than capacity to supply) is a freeze on conditions, like the age of children to now be set at time of application rather than time of decision.

    If they don't freeze conditions either, well consider this - in Canada some years ago, the migrant community and their agents sued the Government for deliberately slowly processing the cases by hiring too few processing staff, thereby artificially restricting inflow and robbing people of the ability to qualify for a visa when their case was decided 2-3 years later.

    The migrants and agents won.

    The best way forward however is to again switch visas to an ENS or RSMS, or come over on a 457 until the other visa is eventually decided if everyone still meets all the conditions later.

    Unless you are on the CSL you'll now need an employer to offer you a job to get a visa - and that won't change for the next year or two.

    Thanks to all of those who sent comments. I showed them to several DIAC managers (who usually shrugged and said hey I only process these things I don't set policy) and couldn't get the Parliamentary Undersecretary interested.

    But I don't blame the DIAC staff, the DIAC managers are stumbling as much as everyone else trying to keep up with changes, eg they have been given the legal requirement to consider "market rate" salaries and "effort to employ and train Australians", with no clear definition of what constitutes acceptable levels of effort and pay.

    A case officer without a guideline is like a machine without electricity. It will do nothing just sit there, (rather than try to make a decision and possibly get it wrong.)

    Your comments will now go off to the Minister by direct post.



    Jamie Smith #2



    The Adelaide numbers are ranked like this, reflecting priority of processing, numbers are individual applications, not total people involved:

    State nominated with CSL, Unallocated 27, Allocated 720, Total 747
    Family sponsored CSL, 1130, 279, 1409
    All other CSL, 6335, 4289, 10624
    All other State nominated, 3678, 0, 3678
    MODL only, 12388, 0, 12388
    Other, 15659, 0, 15659
    Total, 39217, 5279, 44496

    So Adelaide hold 12000+ CSL applicants, allow another 12000 for Brisbane and more for Perth etc.

    That's the rest of this year's quota right there, and all have priority processing and CSL.... not much hope for the regular non-CSL applicant, sad to say.

    The only positive there is that the CSL numbers built up as did all other categories while everyone was being treated evenly. CSL ratio to non CSL about 27%.

    If they have double what they need and CSL inflow is 1/4 of usual numbers then , it will take six mionths at least to process the CLS now, plus 3-6 months to process the new CSL that arrive after today, adn then they can look at the oldest non CSL which will probably be State sponsored and about 6000 or 4 months processing capacity by then, and only then will they move onto MODL in no less than about 6 months plus 3-6 months plus 4 months at the earliest.

    The downside is that this new situation will encourage more use of RSMS and ENS, and every one of those ENS/RSMS is one less spot for a MODL or CSL visa to be processed.


    George Lombard


    In fact I think it's worse than that - Jamie and I extracted those figures from DIAC together and another telling statistic is that there are 166,000 applicants in the pipeline and only 63,000 visas in the annual GSM program (less if ENS and RSMS increase), so think the real question is why doesn't DIAC suspend the 475 visa altogether if new applications will take three years and possibly five years to process? The only hope is that the CSL will disappear when the new MODL is concocted, but it seems clear enough that however they define their priorities there won't be enough visas to go around.
    Last edited by Vezunchik; 12.10.2009, 22:20.
    Если ты слаб, не будь еще и глупым, чтобы не пытаться стать сильным

  • #2
    Продолжение:
    Jamie Smith #3


    Today I handed nine pages of replies, the polite ones at least , to Peter Sepldewinde, who is Assistant Secretary, Labour Market Branch of DIAC.

    He gets involved in the modelling, analysis and planning of the visa programmes. We discussed how the UK market is in tailspin after the Pathway D fiasco, then a series of rapid changes culminating in September 14. How UK agents might desert supporting Australian visas across all categories and not be aroudn when Australia needs to crank up the visa programmes again in a year or two.

    I asked him to read the comments and consider passing them on to the Minister or the wallies in policy development to show there are real people on the end of their decision making. I pointed out that some of the message signatures indicated up to 19 months in the process before the door was shut.

    Peter has the ear of the Minister, his last meeting with Him Indoors ran for 3 hours.

    He thanked me genuinely, then later said he had read them, and we discussed a few ideas such as:

    Taking a few thousand of the most advanced cases that have all stages completed and finalising them - he said there were more than a few thousand at that stage but yes they might need to do that to maintain the faith. (Likelihood of that happening I would say about 50/50 especially as he seemed surpised about the length of the process for some people).
    Refunds for recently lodged cases or people who choose to withdraw at any stage. He made the point that once banked the application fee is in Government hands not DIAC, so refunds won't be a DIAC decision. This is a good thing, as the Government can decide to do it and not face opposition from DIAC getting a hole put in their budget. Likelihood, is probably 2 to 1 in favour at least for recently lodged cases. They should do refunds for all, so let's hope.
    Publishing statistics to show how many applications are in a queue for the visa about to be lodged and what the likely processing time would be. He pondered that one and could see the benefit as it would to some degree deter people from applying for oversubscribed visas and would encourage them into other classes such as regional RSMS.
    FWIW, they knew 2 years ago that the overseas students would come through and swamp the skilled migrant programme. DIAC made the previous Government aware of things but there was a labour shortage on so I guess they just shrugged and thought the numbers would take care of themselves. They should have funded DIAC more to process more cases more quickly.

    Then when the next Govt comes in they too have an oversubscribed visa programme and a labour shortage, so again another shrug, and again they should have cranked up processing but didn't.

    It's not entirely the current Government's fault that we have the problem now, but what they're doing about it IS their fault. Overreaction without communication is just shoddy behaviour.

    PETER mentioned that senior butts were kicked in February and March by the Minister when the Minister had directed that from January 1 no non-CSL were to have been brought to pre-grant stage. I would think that the butt kicking went down the line but it took longer for all staff to be made aware of the directive.

    I am speculating that that original instruction would be contrary to what is acceptable behaviour as there is probably a legal entitlement to have one's valid and properly made case heard without being unfairly subverted.

    People were asked to spend time and money were doing so at DIAC's request when senior staff and the Minister knew the requests would not result in a visa grant any time soon.

    DIAC staff were acting without the support of the Minister, in fact contrary to his instructions. Therefore there might be strong legal grounds to appeal for refunds and compensation.

    For the future- DIAC focus is:

    Reduce the size of the unsponsored skilled migration programme
    Shift to demand driven visas like ENS and RSMS as the MODL is now 63% of the skilled progamme, up from 24% in 2005, and it is not necessarily generating employable migrants eg the student visa college fiasco
    Have a better MODL with more flexibility and speed of response to the labour market, without a CSL in place
    More scope and flexibility for state sponsorship
    NB, current net overseas migration (arrivals - dpeartures) is 48,000 above what is deemed to be an acceptable level, with a large amount of that being the student cohort here for a year or more:

    In the last 12 months:

    457 Departures were 30,000 and arrivals were 100,000
    Students, 60,000 went and 220,000 arrived
    Skilled migrants 70,000 arrived
    Family 40,000 arrived
    Plus the ususal Aussies and kiwis coming and going.

    ENS for this year is 19% above forecast but they're not too concerned as that is the Minister's focus and every ENS is one less Skilled Unsponsored to process.

    Category numbers, being the percent that each category makes of the total skilled programme for the last 3 years:

    Skilled Independent, was 55%, 51% now 39%
    Employer sponsored, 17%, 22%, 33%
    Skilled Australian sponsored 17%, 16% 10%
    State nominated, 7% 7%, 12%
    it is clear that to "get with the programme" migrants now need to seek a job offer or expect to wait a few years.

    There has been no signal from the Minister that he is considering lifting the whole programme numbers above the existing 108,100 for 2009/10.

    In terms of the backlogs:

    0-3 months wait has grown slowly
    7-12 months wait has grown slowly
    13-18 months waiting had significant reduction
    18 months plus (higher risk countries?) many more people waiting
    DIAC priorities for review and change are:

    Further review the CSL to add or remove occupations
    Make the 457 to PR pathway clearer
    Introduce JobReady test for Trades (January 1 2010) this is aimed at sorting out the students who have got a qualification from a shoddy institution or whose qualification is based on bogus documents such as having false work experience
    Review the MODL (underway) This is a review of the MODL mechanism for selecting occupations, not the selection of occupations itself. Expect a new MODL methodology due end 2010 to result in a new list of occupations.
    Review Business Skills 160, 163 etc (underway, due end 2010 calendar year). Apparently many business owners have less than $300,000 turnover and one or less Australians. This is different to what the States see at PR time, so it appears there are a large group here with no intention of getting PR just doing a bare something to justify being here... I would advocate using a two step system like NZ LTBV.
    Review ERNS/RSMS - about what constitues an exception, English level needed, leakage into this category from non bona fide individuals, due end 2010 calendar year
    English level needed for ASCO 4 onshore, takes effect January 1
    Apparently the MODLapplciants might take up to 3 years to actually be fully migrated to Australia, 62% do validation trip and then come back a year later.

    We know that's because you shouldn't sell ahosue or resign a job without a visa and you only have the visa when it's activated onshore and you need to go home to tidy up your affairs, but apparently DIAC think it's a bit strange to take so long.

    100,000 student vocational graduates only resulted in 500 sponsorships for PR from employers. That shows us how flaky the training is from many colleges. Suggestions from the floor included giving a preference for student visa pathway to PR to only include degree and above graduates, thus encouraging students to move up to University and TAFE and effectively shutting most of the shonky vocational colleges down.

    Synopsis:

    136,000 applications on hand PLUS 120,000 expected for the next 12 months DOES NOT FIT into the 108,000 positions in the programme for the next 12 months.

    ie 256,000 pegs do not fit into 108,100 holes.

    So with a hugly greater demand for places than can be supplied, expect a lack of compassion from the Minister when it comes to making changes to the visa system and only a modicum of sympathy when it comes to compensating people affected.

    My best advice is - shift your thinking to how do I get a job to get a visa, unless you want to wait a few years.




    Hope that helps!

    Cheers,

    George Lombard
    __________________
    Migration Agent
    Если ты слаб, не будь еще и глупым, чтобы не пытаться стать сильным

    Comment


    • #3
      Большое спасибо за информацию, но сколько буков!..

      А можно основные тезисы вынести в отдельное сообщение?

      Comment


      • #4
        нда..цифры нерассмотренных заявлений конечно поражают,однако, не может не радовать тот факт, что ЦСЛ-щиков планируют рассмотреть за 3-9 мес...а дальше пойдет очередь чуваков со спонсортсвом, то бишь нас!


        grant 23.12.09

        Comment


        • #5
          Сообщение от Сусланчик Посмотреть сообщение
          нда..цифры нерассмотренных заявлений конечно поражают,однако, не может не радовать тот факт, что ЦСЛ-щиков планируют рассмотреть за 3-9 мес...а дальше пойдет очередь чуваков со спонсортсвом, то бишь нас!
          Это не так, согласно рассуждениям Jamie, чтобы рассосать очередь CSL необходимо 12 месяцев и только после этого обратят взор на спонсируемых. Минус в этих рассуждениях только один, если введут новый МОДЛ, то такая котовасия начнется с приоритетами, что никто не знает, что будет дальше.

          Comment


          • #6
            А мне другое запомнилось ... вот может я ошибаюсь но походу CSL еще будет рулить в 2010 ибо новый MODL будет только в конце 2010

            DIAC priorities for review and change are:

            Further review the CSL to add or remove occupations

            Review the MODL (underway) This is a review of the MODL mechanism for selecting occupations, not the selection of occupations itself. Expect a new MODL methodology due end 2010 to result in a new list of occupations.
            I live in Melbourne since 14.09.2010

            Comment


            • #7
              А мне лично не совсем понятна вот эта статистика:

              The Adelaide numbers are ranked like this, reflecting priority of processing, numbers are individual applications, not total people involved:

              State nominated with CSL, Unallocated 27, Allocated 720, Total 747
              Family sponsored CSL, 1130, 279, 1409
              All other CSL, 6335, 4289, 10624
              All other State nominated, 3678, 0, 3678
              MODL only, 12388, 0, 12388
              Other, 15659, 0, 15659
              Total, 39217, 5279, 44496

              Получается, что те у кого спонсорство от Штата не имеют в данный момент офицера ?? Но как я понял у меня офицер до этого был, то есть получается офицеров у всех кроме тех кто в CSL просто отобрали?!! ... весело блин е мое...
              -Мальчик,ты не туда идешь,зеленые огни в другой стороне. -Пофиг,-сказал мальчик,-я зажгу свои.(с)

              Comment


              • #8
                Спасибо большое! Весьма позновательно.

                2 ключевых лично для меня момента:
                1. Заявлений с CSL и спонсорством штата мало
                2. Главное - CSL будут пересматривать (а не отменять) и возможно, скоро. Ну, этого следовало ожидать, конечно.
                Human nature will not flourish, any more than a potato, if it be planted and replanted, for too long a series of generations, in the same worn-out soil. (C) Nathaniel Hawthorne

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                • #9
                  Никакого позитива
                  AUSTRALIA WANTS YOUR MONEY BUT NOT YOU:crazy:

                  Comment


                  • #10
                    Сообщение от set1984 Посмотреть сообщение
                    А мне другое запомнилось ... вот может я ошибаюсь но походу CSL еще будет рулить в 2010
                    Ага, будет-будет
                    Но вот кто будет входить в этот CSL 2010 - вот что самое интересное.
                    Human nature will not flourish, any more than a potato, if it be planted and replanted, for too long a series of generations, in the same worn-out soil. (C) Nathaniel Hawthorne

                    Comment


                    • #11
                      Сообщение от Ahnissi Посмотреть сообщение
                      Ага, будет-будет
                      Но вот кто будет входить в этот CSL 2010 - вот что самое интересное.
                      это кстати да, мне кажется логичным в связи с понижением приоритетов Штатов, что они сейчас будут проталкивать в CSL как можно больше своих специальностей, которые у них in demand...
                      -Мальчик,ты не туда идешь,зеленые огни в другой стороне. -Пофиг,-сказал мальчик,-я зажгу свои.(с)

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                      • #12
                        Сообщение от Concurent Посмотреть сообщение
                        это кстати да, мне кажется логичным в связи с понижением приоритетов Штатов, что они сейчас будут проталкивать в CSL как можно больше своих специальностей, которые у них in demand...
                        Хорошо если так, а не наоборот. Могут и урезать.
                        Human nature will not flourish, any more than a potato, if it be planted and replanted, for too long a series of generations, in the same worn-out soil. (C) Nathaniel Hawthorne

                        Comment


                        • #13
                          У меня вот это
                          But they won't, because there is public fear that more new arrivals means more unemployment for Australians, when the reality is the opposite.
                          вызывает огромные сомнения и сильно похоже на то, что эти посты - лобби миграционных агентов, которые сейчас сильно рискуют бизнесом в случае резки движений пр-ва.

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                          • #14
                            Сообщение от zbone Посмотреть сообщение
                            У меня вот это

                            вызывает огромные сомнения и сильно похоже на то, что эти посты - лобби миграционных агентов, которые сейчас сильно рискуют бизнесом в случае резки движений пр-ва.
                            ну агенты то агентами деньги-то они себе в карман кладут, а иммиграция это деньги в экономику...
                            ну и к тому же обеспечение работой тех же самых агентов и остальных людей работающих в DIAC... в общем не думаю, что все так плохо.
                            -Мальчик,ты не туда идешь,зеленые огни в другой стороне. -Пофиг,-сказал мальчик,-я зажгу свои.(с)

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                            • #15
                              Сообщение от Concurent Посмотреть сообщение
                              ну агенты то агентами деньги-то они себе в карман кладут, а иммиграция это деньги в экономику...
                              ну и к тому же обеспечение работой тех же самых агентов и остальных людей работающих в DIAC... в общем не думаю, что все так плохо.
                              Мне это интересно в том плане, каким образом может так быть, что чем больше мигрантов, тем больше рабочих мест. Мало кто с собой привозит сумму равную хотя бы одной годовой средней ЗП, так что речь не идет о непосредственном завозе денег и активизации экономики.

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