April 2025 wrap-up

• • As we continue to rocket through 2025, we received more approvals for our clients in the SID (subclass 482), ENS (subclass 186), Training (subclass 407) and Visitor visa categories. Visa processing seems to have slowed down again, but we are seeing some progress with our clients’ visa applications and we have also seen progress with Australian citizenship applications.

• • Speaking of processing times, we often get asked by clients how they can speed up their visa application process. One of the issues we often see is that protracted processing times mean that things change along the way – a company’s financial position or the availability of a role may change, which has an impact on a lodged application. Similarly, applicants may have a baby, which means further processes to be followed. There are no statutory provisions that dictate how long a visa will take to process, but there are Ministerial Directions that apply to how applications are processed. One example is Ministerial Direction 105, which currently applies to a number of skilled visas, including the subclass 186 visa. This direction must be followed by decision-makers, and affords the highest processing priority to employer sponsored or nominated applications in relation to occupations to be carried out in regional Australia. The second highest priority is afforded to applicants who have a healthcare or teaching occupation. In practice, we are seeing this being followed closely. As an example, our ENS applications for regional employers are definitely being processed faster than those based in urban cities and towns. We are also seeing ENS applications for medical professionals and nurses processing within 6 months, whilst applications for candidates in other fields are taking significantly longer than that. If you’re interested in processing times, you can monitor these via the Department’s guide here.

• • As the race towards the federal election draws closer, candidates have been campaigning all across the country promoting their vision for the future of Australia. As always, immigration has been a key talking and policy point for all candidates. While both of the major parties are gearing towards an overall cut to migration numbers if elected, Peter Dutton MP and the Liberal Party have taken a more severe approach of the two, declaring that Australia’s net overseas migration (the difference between the number of people leaving and those entering Australia) will be slashed by 100,000. Questions have been raised about how the Liberal Party intends to achieve this whilst ensuring Australia’s economic and skills needs are met. Even the National Party has promised that a coalition government would not target Working Holiday makers in this planned reduction given that backpackers play a key role in hospitality and agriculture in regional Australia. Prime Minister Anthony Albanese and his supporters have condemned such measures and labelled them “savage cuts” that would negatively impact several industries that rely on skilled migrant workers such as aged care, tourism and construction. The reduction proposed by the Liberal Party under Mr Dutton would reduce the projected net overseas migration for the 2025-26 migration year by almost 40% – a drastic change no matter which side of the aisle one sits on. Only time will tell as to which leader Australia elects and what new policies will be brought in to shape the migration space.

• • The Department of Home Affairs (‘DHA’) has reversed its initial decision to deny temporary visas to 14 Ugandan student performers participating in the Ubuntu Africa Tour, a cultural exchange initiative by KwaYa Australia. The students had originally applied for Temporary Activity (subclass 408) visas under the Entertainment Activities stream but were initially refused as a result of the assessing officers’ concerns that the students did not intend to remain in Australia temporarily. This refusal almost forced the total cancellation of the tour, which would have resulted in a financial loss of up to $600,000, however, the appeal of the decision allowed the applicants to provide more information and have the decision overturned mere days before the group was scheduled to commence the tour. The initial DHA decision attracted public criticism for potentially undermining cultural exchange between Australia and the first-time African visitors (some of which had previously had Australian visas approved but were subsequently cancelled due to the Covid-19 outbreak). The group is set to arrive on Australian shores in just a few days’ time and commence their eight-week tour that will promote cultural understanding and raise much-needed funds for African youth programmes. Visa cancellations and refusals are always difficult to navigate, and if you need advice on a similar matter, please contact us to find out how we can help you.

That’s the Nomos wrap-up for April. See you next month!