The new way of permanent migration encourages gaming in the visa system

The New Way Of Permanent Migration Encourages Gaming In The Visa System

Modifications to Australia’s visa system will allow temporary entrants to take advantage of what appears to be a major mistake on the part of the government. Abul Rizvi.

Minister of Immigration Alex Haq Enables temporary entry into Australia for those whose unsecured visa application has been rejected or rejected but has not yet departed Australia, and who are on the standard bridging visa, to apply for the scope of the Skill Stream visa.

This is one of the most amazing rule changes I’ve ever seen in over 30 years.

Is this a real effort to improve or to encourage and enable gaming in the Visa system?

The minister himself appears uncertain as he has quietly made the change with any media release or rule change and any other kind of announcement outside the explanatory memorandum – unusual for any minister in a marketing-oriented Morrison government.

So what did the minister do?

Section 48 Of Immigration Act If the application for another visa while living in Australia is rejected or their current visa is revoked, the options of temporary visa holders are severely limited.

In fact, it prevents temporary entrants from applying for another type of visa while staying in Australia – a major exception being the security visa unless the applicant has rejected the application for a security visa.

This is known as the “Section 48 Bar” which has been in operation for decades to prolong the period of stay by continuing to apply for an unsecured visa to discourage people from playing the visa system.

People under the s48 bar would have to leave Australia before applying for another visa and thus would be negatively affected by the COVID-19 travel restrictions. But as those sanctions come to an end, the change is far less significant.

The Minister has revised the s48 which refuses to allow persons holding their visas to apply for three types of visas:

It should be noted that it is not possible to formally apply for a subclass 190 or subclass 491 visa without being nominated by the state / territory government and invited by the Department of Home Affairs.Gave). To be eligible to apply for a Subclass 494 visa, the applicant must be sponsored by an approved employer in regional Australia.

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In addition, offshore applicants for these visas must have either an adequate visa or a bridging visa A, B or C but not a bridging visa E (visa issued to people arranging to leave).

Migration Solutions AustraliaThe prestigious Migration Advisory Agency in South Australia is vigorously promoting the change to enable state / regional governments to select from a wide range of potentially skilled immigrants who do not have to leave Australia but are within quota. Allocated by DHA.

It is possible that state / territorial governments may nominate only a small number of people using this route. However, there will be significant unintended consequences and therefore the change must be considered from a broader perspective and in the context of the current visa environment.

First, Australia has a large number of students (approximately 318,000) (at the end of September 2021) and temporary graduates (approximately 95,000) who have maintained their legal status at substantial personal expenses. To do so, a growing proportion of temporary graduates have returned to Australia on legal student visas to seek legal residency (see Figure 1).

(Source: Gave Student and TGs reports)

With the growing number of people applying for cheaper vocational education and training visas, the number of unsecured student visa grants has declined since the onset of the epidemic (see Chart 2).

(Source:, student)

Second, at the end of September 2021, more than 330,000 people were in Australia on visas. Many are awaiting a decision on a solid visa application. Those who have been denied a valid visa but are appealing the decision will now be able to apply for one of the three types of visas mentioned above, instead of being banned.

Third, as a result Big labor smuggling scandalThere are now over 92,000 refugees in Australia. Of those, more than 28,000 are living and working illegally, while another 34,000 are in the administrative appeals tribunal.AAT) And possibly on a standard bridging visa (see Chart 3). Asylum seekers at AAT will now be allowed to apply for one of the three skilled visas mentioned above.

(Source: Gave Monthly Asylum Reports)

Finally, the DHA has consistently withdrawn its efforts to find people who work without the right to work, although we have never found more unsuccessful refugees in the country than those seeking asylum (see Chart 4).

(Source: Gave Annual Report)

The DHA has also reduced efforts to warn employers to employ people without the right to work (see Chart 5).

(Source: Gave Annual Report)

The minister’s overall message is that if the government is playing a system for those who enter Australia temporarily or that they are working illegally for the purpose of becoming permanent residents – no matter how long it takes or no matter how many temporary entrants there are. Subject to exploitation and abuse.

But the important question is how will students, temporary graduates, refugees and immigration lawyers and counselors interpret and respond to this message and walk behind the s48 bar?

Students and temporary entrants living in Australia are more likely to question why they pay so much tuition and visa application fees than to stay in Australia on a standard bridging visa by applying for a cheaper visa.

For these people, the big backlogs at AAT will be very attractive.

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Unethical immigration lawyers and agents may advise students and temporary graduates who have an initial qualification to use the asylum system to extend their stay in Australia for two to three years, including the right to work, instead of applying for a student or other temporary entry visa.

This will be in the hope of gaining sufficient work experience and English language skills to qualify for a skilled visa.

Moreover, once international borders are reopened, the organizers of one of the largest labor trafficking scandals in our history will have an additional way to boost their productivity – encouraging a wide range of people to use the asylum system as a means of permanent residency, even if they apply for asylum. There is no chance of success.

Overall, Australia’s visa system, including the AAT, will add uncertified visa applications and appeals to the AAT while on the gridlock. When international borders reopen, things will get worse.

It is clear that the change in s48, with the current state of the visa system, is a terrible mistake unless it is implemented as part of a comprehensive reform.

But there is no evidence of such improvement.

The basic premise of change – COVID-19 international travel restrictions – is now coming down.

But the government is on the path to change.

Dr. Abul Rizvi Is An independent Australian columnist And former Deputy Secretary of Immigration. You can follow Abul on Twitter ARizvi Abul.

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