Demystifying Australian Visa Processing Times
MB Lawyers - Immigration Law
#Australianvisas #workvisas #permanent residency #TSSvisa #employersponsored
Australian visas are generally not processed sequentially and are subject to fluctuations of a myriad of factors. ?Shocking, right?
It can be particularly frustrating to witness others receiving their visas ahead of you, despite lodging your visa application first.
So how can you understand when to expect a visa decision??
?Here are some factors to consider:??
1. Ministerial Directions
There are Ministerial Directions that prioritise and order the assessment of applications according to current government's priorities, for Skilled Visas, Student Visa, Family visas, and other visas. These Directions dictate the processing priority based on visa type, stream, location, occupation, and other crtieria.
The current Ministerial Direction for Student visa applications lodged outside Australia, and Student Guardian visa applications (at time of writing this newsletter), are processed according to government priorities, as outlined in Ministerial Direction No. 107 (325KB PDF).
The current Ministerial Direction for Family Visas (at time of writing this newsletter) are processed according to government priorities, as outlined in Ministerial Direction No. 102.
The current Ministerial Direction for Skilled Visas (at the time of writing this newsletter) is Ministerial Direction 105, and came into effect on 15 December 2023. This Direction is relatively new, and as such, Applicants whose applications were lodged prior to 15 December 2023 and still processing, may not be aware of how it now impacts their lodged application.
Ministerial Direction 105 is embedded below.? You will see that the Government is concerned about connecting skilled and work visas to regional areas.??
Where do you sit on this Direction?
?2. Policies and Priorities
The Department of Home Affairs and the Government, may also issue policies to prioritise certain occupations or visa categories over others. For example, during the COVID-19 pandemic, priority processing was afforded to 41 occupations listed on the Priority Migration Occupation List (PMOSL). The PMSOL was designed to assist Australia's COVID-19 recovery response. Existing skilled migration occupation lists remained active however applications with occupations on the PMSOL, were given priority.
3. Cap and Queue System
Some visas are subject to a "cap and queue" rule, where only a set number of visas can be granted each program year. Applications not finalised in a program year, roll over into subsequent years, leading to queue accumulation and extended processing times. This is seen in the Parent Visa program, where processing times are extended. You can read more about the Parent Visa cap and queue here: Parent Visa Cap and Queue
4. Employer Sponsorship Impact
The status of your Employer sponsor can affect processing times. If your sponsor is an Accredited Sponsor, priority is given to your visa application, Ministerial Direction 105. If you are a Sponsor, ask us how to obtain accreditation.
5. Logistical and Practical Variables
Factors within the government, and Department of Home Affairs, such as resource allocation/funding and processing office dynamics, also influence processing times. Increased lodgements can lead to longer processing times if resources are not adequately allocated. ?It seems, however, that the Department is managing this better, as despite increased lodgements, recent quarterly reports indicate stable visa processing (see ?Quarterly Report Q12023/2024). Additionally, the Australian Government has pledged $48.1 million in the 2023-24 Budget to continue efforts to improve the delivery of visa programs. We can expect then, further improved processing times?
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10 Top Tips to attract the best processing times
So, if processing times are subject to factors outside my control, what can I do to ensure I attract the best processing times? Read on for our 10 top tips!
While there's no definitive answer to how long visa processing will take, and much is outside your control (eg Ministerial Directions).? Here are our top-10 tips to navigate the process more smoothly.
Top Tip 1: Select the Right Visa Category
Choose the most beneficial visa category. Different visa categories come with their unique processing times. For example, if you are seeking to visit Australia, there are a few visitor visa options: tourist visa, e-visitors and ETAs. While they all belong to the visitor visa program group, they are different subclasses, with differing requirements. Further, they are assessed differently – some are manually assessed, others electronically assessed. Subsequently, each type of visitor visa attracts differing processing times, ranging from less than 1 day (e-assessment) to 22 days* (manual assessment) (*estimated as at the time of writing this newsletter). Ensure you obtain advice as to the most suitable visa option for your circumstances.?
Top Tip 2: Submit a Complete Application
Ensure that your application is complete and accurate to avoid unnecessary delays. Seek professional assistance (immigration lawyer or registered advisor) to prepare a thorough application. Submitting a well-prepared and complete application can expedite the processing of your visa application. Incomplete or inaccurate information may result in delays, whether attracting further integrity checks, or triggering a request for additional documentation or clarification (RFI). An RFI, if issued, usually affords 28 days to address any outstanding requirements, which can often mean visa processing is delayed by at least that period.? Lodging a complete application (“decision-ready application") with smooth processing, is one of the values of engaging an Immigration advisor. ?
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Top Tip 3: Arrange NAATI-accredited English translations
If a document is not in English, you will need to arrange a NAATI-accredited translation. This is connected to the tip above relating to submitting a "complete application". If your degree/qualification, relationship certificate, or birth certificate/s, are not in English, arrange NAATI-accredited translations ahead of time. Retain clear color scans, so you can re-use for future applications.
Top Tip 4: Keep Copies of previous applications
It’s surprising how many people don’t think to do this.? In a world where security issues and digitisation is increasing, visa applications are becoming lengthier, more intrusive, and easier to data-match. Keep a copy of your lodged visa application, so that next time you apply, you have a complete history of what you disclosed to the Department of Home Affairs on your last application.? All of a sudden, providing 10 years' worth of travel history is not so daunting. Also, you minimise any risks of 'incorrect information', as data matching across visas is easier, noting a majority of applications are now e-lodged.
HOT Tip 5: Monitor Processing Times
Regularly check the Department of Home Affairs website for updates on visa processing times for your specific visa category. Here is a useful tool produced by the Department of Home Affairs, which we share with our clients: The Global Processing Tool. The Global Processing Tool, provides real-time insight as to how your application is faring in the processing pool. It helps manage expectations, as the tool provides an estimated timeframe based on how long it has taken to process recently finalised applications.
We recommend clients check the Global Processing tool monthly.
Here is an example of the tool in use:
We ran the tool today, for a Subclass 186 Employer Nomination Scheme visa (TRT Stream-Permanent Residence), lodged 30 Dec 2023. The tool indicates that the standard processing times (90% of applications) for this visa, are up to 12/13 months from date of lodgement. This is highlighted by the green zone. This applicant's visa application is well within the green zone, as marked by the little arrow on the timeline. This applicant should not be alarmed if they have not heard about their application 12 months after lodgement. Rather, concern and active follow-ups can be justified if their application creeps into the orange zone, which captures the balance 5%-10% of applications.?
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Top Tip 6: Don't aggressively follow up the Department of Home Affairs, if your application is still in the 'green zone':
This may be obvious, but harassing the decision-maker is unlikely to get the result you would like. Further, their wait times on the telephone can be more than an hour, and if you send emails, you will often get the standard 'blah' auto-response! That's a pretty clear indication that they do not want to be contacted about processing times! Unless the application is outside processing times, we generally say not to aggressively follow up with the decision maker. Of course, this does not include situations where decision-makers are acting outside the law, or your application is sitting in the orange zone. In this case, pursue all your rights, firmly but courteously, and we'll help you do just that!?
Top Tip 7: Be co-operative
If your immigration advisor indicates a document is necessary, do cooperate by taking steps to supply it.? Ultimately, it’s not the advisor who needs it, but you, and you are the beneficiary of accepting that advice.? Producing documents quickly will attract a positive and quick decision on your visa application by the Department of Home Affairs. After all, you did engage the advisor to advise, so do trust the advice. ?If you do not trust the advice, find another advisor.
Top Tip 8: Do not rely on other people’s experience alone
While you may have some things in common, ultimately your application is different from the next person.? Your travel history, family composition, health history, employer, skills, qualifications, passport power, etc will not be the same as others.? While relying on chats, social media and websites can be useful tools, do put the information supplied in those channels in perspective, and give it its due weight.? If you give it more weight than it deserves, it can lead to greater anxiety, confusion as to the process, and longer processing times.?
Top Tip 9: Be Transparent
Do disclose all details to your immigration advisor. Withholding information for fear it could be adverse, can result in unnecessary delay.? An immigration advisor's role is to advise you on how to manage any adverse circumstances. In fact, after seeking advice, you may learn that it may not be as bad as you imagined!? If it is an issue, an immigration advisor will advise on how to best manage the issue. Remember, leaving things out deliberately (non-disclosure) or misleading information, can trigger unwanted complexities. Typical scenarios relate to withholding information relating to health, visa history, marital status, and police issues.
Top Tip 10: Stay Patient and Informed
Understand that visa processing times can be unpredictable, and delays may occur. Stay patient and informed throughout the process, and remember, visa decisions are made by the Department of Home Affairs, not your immigration advisor.? ?We generally recommend that you do not make firm plans to enter Australia unless your visa is granted. If you elect to do so, it is based on an informed decision, taking into account risk (if you are offshore in a hotel, consider the $$ of needing to extend your stay....nasty!). We generally also recommend that you not make life-changing decisions (eg pulling kids out of school) and deal with your assets in your home country, based on estimated timeframes alone.? Get advice.??
Final Thoughts
Navigating Australian visa processing times can be a rollercoaster ride of anticipation and uncertainty. Understanding the factors influencing processing times and staying proactive in your application process, including partnering with an Immigration lawyer (or registered advisor), can assist you in navigating this journey with greater confidence and peace of mind. Remember, while the waiting game can be challenging, the ultimate reward of beginning your Australian adventure is well worth it.?
Stay informed, stay patient, and keep your eyes on the prize. Your Australian visa approval may just be around the corner.
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Thanks for the very useful article Marsha!
Principal Immigration Lawyer @ MB Lawyers | Solicitor, Notary Public | CPD podcast guest/writer/instructor | Published author Immigration Law Journal
9 个月Inna Hall