Fact Sheet 21 - Managing the Migration Program
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The Planning level for the 2008-09 Migration Program is set at 190 300.
See: Fact Sheet 20 Migration Program planning levels
Delivery of a balanced Migration Program in line with the government's objectives requires careful management. When demand for places in the Migration Program exceeds the number of places available, a number of mechanisms are available to the government, including cap and queue mechanisms, suspension of processing, priority processing and increasing points-test pass marks.
Cap and queue
The Migration Act 1958 (the Act), allows ‘capping’ – or limiting – of the number of visas which can be granted each year in a particular visa subclass.
This limit, or cap, applies only for the program year in which it is introduced. When a cap is reached, applicants then wait in a queue for the visa to be granted (if successful) in a following year, subject to places becoming available.
Within the Family Stream, people applying as spouses (subclasses 309/100 and 820/801), dependent children (subclasses 101 and 802), adopted child (subclass 102) and orphan unmarried relatives (subclasses 117 and 837) are exempt from capping.
Cap and terminate
The Act also contains a ‘cap and terminate’ provision (Section 39), though to date this provision has been used only in respect of some elements of the Humanitarian Program.
The provision means that when a cap has been reached for a particular visa class, work on all applications which have not been processed to decision stops and the file is closed. These applications are treated as if not submitted.
The minister has indicated that this provision would only be used in exceptional circumstances.
Suspension of processing
The Act also contains a power for the minister to issue a notice suspending the processing of applications in specified subclasses until a specified date (spouses and children are exempt from a processing suspension).
If such a notice is issued, the processing on all applications of the specified subclass ceases until the date specified in the notice.
Suspension notices do not, however, affect applications on which decisions had been taken to grant or refuse a visa before the date of the suspension notice.
Priority processing
The Act contains powers by which the minister can consider and dispose of applications in an order of priority he/she considers appropriate.
This ensures that where there is very high demand for places under the Migration Program, processing priority is given to applicants who have the most compelling claims in terms of the government's policy priorities.
Higher priority is given to immediate family categories such as dependent children, spouses, fiancés, interdependent partners and carers of sponsors in Australia. Lower priority is accorded to all other Family Stream applicants such as parents, aged dependent relatives and last remaining relatives.
Within the Skill Stream, the minister has issued a directive to give priority processing to General Skilled Migration applicants with an occupation on the Migration Occupations in Demand List (MODL) and applicants for a State Specific and Regional Migration (SSRM) visas.
Points test pass mark
The points-tested General Skilled Migration (GSM) visa categories target skilled migrants who are young, have good English language skills and can quickly enter the Australian labour market.
To achieve this, the Act contains the power for the minister to attribute points for a range of factors which reflect these priorities. Most GSM applicants must score sufficient points on a points test to reach the pass mark applicable to the visa for which they have applied.
If an applicant's score is below the current pass mark, but above another mark, known as the ‘pool mark’, their application will be held in reserve for up to two years after assessment. The most important attributes for which points can be awarded under the GSM points test are skills, age and English language ability.
Points can also be awarded for specific work experience, Australian work experience, nominating an occupation in demand/job offer, partner skills, Australian qualifications, regional Australian study, nomination by a state or territory government, eligible relative sponsorship and community language.
Effective management of applications in the points-tested GSM categories is achieved by adjusting pass and pool marks.
See: Fact sheet 25 Skilled Categories
MODL
The Migration Occupations in Demand List (MODL) is designed to identify and target those occupations that have a continuing Australia-wide labour shortage. The MODL is reviewed by the Department of Education, Employment and Workplace Relations (DEEWR) every six months to ensure that Australia's labour market needs can be addressed as they become evident. The department implements changes to MODL on DEEWR’s advice.
Commonly asked questions
When will the caps for 2008–09 be announced?
The minister will make a decision on parent caps required for 2008–09 as necessary during the program year.
The 2008–09 planning levels include 2000 places for the non-contributory parent category plus 6500 places for contributory parents.
What happens to applications already lodged when the cap is reached?
When the limit or cap has been reached, no further visas will be granted in that visa class in the program year.
Although a visa can no longer be granted until the start of the new program year, processing of applications continues and applicants who meet the requirements are placed in a queue.
What is a ‘queue date’?
The ‘queue date’ is the date on which an application is assessed as having met all the requirements for visa grant with the exception of the Assurance of Support and the payment of the Migration Health Services Charge or second instalment of the Visa Application Charge, whichever is applicable.
Can new applications be lodged after the cap is reached?
Yes, applications can still be lodged. They will be processed according to the direction on priority processing and when they reach visa grant stage, the direction on the order of disposal of cases affected by capping will apply.
How long will applicants have to wait until a visa can be granted in subclasses where queuing operates?
It is not possible to be definitive about this. It will depend on a number of factors including the priority group that an application is allocated and the level of demand for places compared to the number of places made available under successive annual programs. It will also depend on the date the application was queued.
The capping limits expire at the end of each program year. New migration planning levels are announced for the following program year and the department will start granting visas again from 1 July that year, subject to places being available.
If my application has been capped this year, what level of precedence will I get for my visa grant next program year?
This will depend on the queue date you were allocated.
On 10 June 1998 the minister issued a direction which sets out the order of disposal for applications in capped classes. An updated direction was reissued on 31 December 2001.
When the department is able to start granting visas again at the beginning of a new program year, it will do so in accordance with this direction. Priority will generally be given to applications queued from the previous year with the following order of precedence:
- grants arising from the exercise of the minister’s power of intervention
- applications made by people on the grounds of being an orphan relative
- cases remitted following review
Example: Migration Review Tribunal and the courts - applications made by people on the grounds of being a carer or special-need relative
- all other applications in queue date order as explained above.
What is the position with the existing queues?
On 31 May 2008, there were approximately 19 253 people in the non-contributory parent queue. The offshore component comprises about 13 926 people while about 5327 are in the onshore component.
Further information is available on the department's web site.
See: www.immi.gov.au
The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9am to 4pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.
Fact Sheet 21. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 9 July 2008.
© Commonwealth of Australia 2008.