On the heels of the Federal Budget, the Department of Home Affairs (Home Affairs) has published the 2020-21 migration planning levels. There are no surprises that General Skilled Migration (GSM) visas have taken a significant hit. The occupations in the “targeted” invitation rounds of May and June 2020 for 189 and 491 visas sponsored by an eligible relative have also been uncovered, and further clarity on partner visa English language requirements have been provided.

The extraordinary Federal Budget brought with it some unexpected news on Australian migration. Due to ongoing travel restrictions, onshore visa applications, occupations on the Priority Migration Skilled Occupation List (PMSOL), and visas that are likely to spur local employment and innovation will take precedence this program year. Independent skilled migration is the distinct loser in this shuffle. The winners are undoubtedly partner visa applicants as 82 per cent more places have been allocated for 2020-21.

2020-21: Planning levels; GSM visas places nosedive

Home Affairs has recently published the 2020-21 migration planning levels. In compared to last year’s places, the differences are stark:

Skilled stream                             

Employer Sponsored: 22,000 down 8,000 from 30,000, 26.67%

Skilled Independent: 6,500 down 10,152 from 16,652, 60.97%

Regional visas: 11,200 down 13,800 from 25000, 55.2%

​State/Territory Nominated: 11,200 down 13,768 from 24,968, 55.14%

Business Innovation & Investment program: 13,500 up 6,638 from 6,862, 96.74%

Global Talent: 15,000 up 10,000 from 5,000, 200%

Distinguished Talent: 200 unchanged from 200

Skill Total: 79,600 down 29,082 from 108,682, 26.76%

Family Stream                                           

Partner: 72,300 up 32,501 from 39,799, 81.66%

Parent: 4,500 down 2,871 from 7,371, 38.95%

Other Family: 500 down 62 from 562,11.03%

Family Total: 77,300 up 29,568 from 47,732, 61.95%

Special Eligibility: 100 down 136 from 236, 57.63%

Child (estimate; not subject to a ceiling) 3,000 down 350 from 3,350, 10.45%

Total     160,000

Without question the number of GSM places allocated, which consist of the Subclass 189 - Skilled – Independent visa, Subclass 190 - Skilled – Nominated visa, and Subclass 491 – Skilled Work Regional (Provisional) visa, has dropped considerably. The points that will be required to be invited for a 189 visa will only increase. The state and territory nominated 190 visas faired almost as badly, and it is likely many will change their occupation lists and requirements.

As this year’s places for the regional independent provisional 491 visa and the employer sponsored Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa have been combined, it cannot be determined how many places have been reduced for either program. Given that employer-sponsored visas will be prioritised over independent skilled visa, it can be assumed more 491 visa places were removed compared to 494 visas.

Another major observation is that the family stream has almost as many places as skilled visas: 77,300 to 79,600. In a normal year, the number of places for family visas would be around half as many. Parent visas have been reduced as well so the wait for these visas will only continue to grow.

“Targeted” GSM occupation list uncovered

It was previously reported that the May 2020 and June 2020 invitation rounds for 189 visas and 491 visas sponsored by an eligible relative were subject to “targeted” invitation rounds, bucking the trend of inviting Expressions of Interest (EOIs) with the highest points and instead inviting those nominating specific occupations instead. A full list of these occupations are now known.

A recent Freedom of Information (FOI) request disclosed this “bespoke” occupation list for the June 2020 invitation round. As predicted back in July, health and medical professionals dominated.

English language requirements for partner visas clarified

In a follow-up media release, the acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs has clarified when and how the new English language testing requirements will apply to partner visas.

English language changes to partner visas are expected to occur late 2021, no news as to whether the sponsorship framework will be implemented.

Functional English, which can be met in various ways, appears to be a time of decision criteria for a permanent partner visa. However, it may be possible to be granted a permanent visa without functional English provided they can “demonstrate that they have made reasonable efforts to learn English.” This can include completing at least 500 hours of the Adult Migration English Program (AMEP).

The concern with this may be for those in long-term relationships, particularly if the couple has been living overseas. A long-term partner relationship is defined as a spouse or de facto relationship between an applicant and their sponsor that has continued:

• if there is a dependent child (other than a step-child) of both the applicant and their partner for at least 2 years; or

• for at least 3 years.

Partner visa applicants who are in a long-term partner relationship will not be subject to the two-year wait-out period: eligible for a permanent visa two-years after lodging the partner visa application. These applicants will want to be keenly aware prior to lodging their visa application of the need for functional English.

Australian citizen sponsors are exempt from meeting functional English because it would be expected that they have either grown up in Australia, or if granted citizenship by conferral met English language requirements when passing their citizenship test.