Fact Sheet 21 - Managing the Migration Program

The Planning level for the 2009-10 Migration Program is set at 168 700.
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 the Minister to 'cap' – or limit the number of visas which can be granted each year in a particular visa subclass.

This limit, or cap, applies only for the migration program year in which it is introduced. When a cap is reached, applicants then wait in a queue for visa grant consideration in a following year, subject to places becoming available.

This means that when the number of visas set by the Minister for a visa class for the migration program year has been reached, no further visas can be granted in that program year.

Family Stream

Partner category visas:

• Partner (subclasses 309/100 and 820/801) visas cannot be capped.
• Prospective Marriage (fiancé) (subclass 300) visas may be subject to capping.

Child category visas:

• Child (subclasses 101 and 802) visas, Dependent Child (subclass 445) visa, Orphan Relative (subclasses 117 and 837) visa and Adoption (subclass 102) visas cannot be capped.

Other Family category visas:

• Aged Dependent Relative (subclasses 114 and 838) visas, Remaining Relative (115 and 835) visas and Carer (116 and 836) visas may be subject to capping.

Parent category visas:

• All parent (subclasses 103, 143, 173, 804, 864 and 884) visas are subject to capping.

Capping and queuing of parent visas

All parent visas are subject to capping. In the 2009-10 migration program year, there will be 2000 visa places available worldwide under the parent category and 7500 places for the contributory parent categories.

To ensure equity, all parent visa applications are assessed in order of lodgement. If found to meet the initial criteria for the grant of the visa, applicants are allocated a queue date.

The queue date is the date that the application was assessed as meeting the initial criteria.

When a queue date has been assigned it is a fixed date and cannot be given priority ahead of other applicants.

Applications are then considered for grant in order of their queue date as places become available.

Parent Category visas

Based on current planning levels and the parent category queues, when allocated a queue date applicants can expect approximately a 10 year wait before visa grant consideration.

Contributory Parent Category visas

High demand for the contributory parent visa category meant that a queue has also been formed under this category.  Based on current planning levels and the number of Contributory Parent visa applications already lodged, new applicants can expect to wait up to two years before visa grant consideration.

Cap and terminate

The Act also contains a ‘cap and terminate’ provision, 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 files are 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 visa subclasses until a specified date (partners and children are exempt from a processing suspension).

If such a notice is issued, the processing of all applications of the specified subclass ceases until the date specified in the notice.

Suspension notices do not, however, affect applications where a decision was 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, fiancés, partners and carers of sponsors in Australia. Lower priority is accorded to all other Family Stream applicants such as parents, aged dependent relatives and remaining relatives.

Priority processing arrangements apply to certain skilled migration visas.
See: What's New – Recent changes in General Skilled Migration

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

Why is capping used?

Capping is used to ensure that the planning levels for various migration categories, which are decided by the Australian Government for each Migration Program Year, are not exceeded. The minister has the power to cap under section 85 of the Migration Act 1958.

When is capping used?

Capping is used when it becomes evident that the demand for places in a particular category is higher than the number of places available under the Migration Program. The minister determines the numerical limit which is to be applied and publishes a notice to that effect in the Government Gazette.

A cap is either Australia wide or global in scope and does not define quotas for specific countries or processing offices.

When will the caps for 2009-10 be announced?

The minister will make a decision on parent caps required for 2009-10 as necessary during the program year.

For parent visas, the 2009-10 planning levels include 2000 places for the non-contributory parent category plus 7500 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 allocated a queue date and 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 queuing requirements.

For parent visas, applicants are not required prior to queuing to:

• provide an Assurance of Support (AoS)
• pay the Migration Health Services Charge or second instalment of the Visa Application Charge, whichever is applicable.

If you are applying outside Australia for a parent visa, you are also not required to complete the health and character requirements prior to queuing.

However, if you are applying in Australia for a parent visa, you will be required to meet the health and character requirements in order to be queued.

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.

If the cap on visa grants for the visa subclass has been reached, applicants who meet the requirements for visa grant are allocated a queue date and placed in the queue.

Can I be given priority in the queue?

Ministerial Direction No.44 establishes an order of precedence in which applications will be allocated visa grants as they become available. That order is as follows:

• grants arising from the exercise of the Minister's power of intervention under sections 351 and 417 of the Act
• applications remitted by the MRT or the courts following a successful review
• all other applications in queue date order.

When a queue date has been assigned to a visa applicant, it is a fixed date and the applicant cannot be given priority ahead of other applicants.

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 the number of places made available under successive annual programs. It will also depend on the date the application was queued, and as such how many applicants are ahead of you in the queue.

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 any new cap that may apply for that following migration program year.

In the Parent category it is possible that present and prospective applicants will have to wait some years in the queue before a place becomes available.

What is the position with the existing queues?

On 30 June 2009, there were approximately:

• 25 100 Parent visa applicants
• 11 800 Contributory Parent visa applicants.

currently being processed, of which around 20 000 visa applicants were queued.

Will I have to repeat core requirements or health/character checks when a visa place becomes available?

Yes, this is possible. If you obtain a queue date now, you might have to undergo further health and character checks or redo other requirements at time of visa grant consideration depending on the following:

• the period of time which elapses before visa places become available
• the timing and validity of the relevant clearances.

At the time of visa grant consideration, a reassessment will be made of any visa requirements that may have expired or been affected by a change in your personal circumstances or those of your family members. You will be advised if further checks are necessary.

You should be aware that if your family composition or location of family members changes from the time of application to the time of decision, it could affect whether you and other dependents meet eligibility criteria for the subclass of visa that you have applied for.

What is the purpose of requesting health and character checks if the validity of those checks may expire before further visa places become available?

In order to be allocated a queue date and placed in the queue, in order with Ministerial Direction No.44, parent category visa applicants applying within Australia must meet the prescribed criteria for their visa subclass, which includes health and character checks. The prescribed criteria determine the applicant's eligibility for the visa.

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 9 am to 4 pm (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.
Last reviewed 28 September 2009.

© Commonwealth of Australia 2009.