Budget 2021-22: Update on Australia’s Immigration Program

Budget 2021-22 highlights

Treasurer Josh Frydenberg has announced the following immigration measures in Australia’s 2021-22 budget 

Migration planning levels and international travels:

• The migration planning levels for 2021-22 will remain the same at 160,000 places with a focus on onshore visa applicants as international borders will remain closed for at least 12 months.
• The planning levels include 79,600 skill and 77,300 family stream places.
• A gradual return of temporary and permanent migrants is assumed to occur from mid-2022.
• The number of international arrivals will continue to be constrained by state and territory quarantine caps over 2021 and the first half of 2022, with the exception of passengers from Safe Travel Zones.

Skilled and employer sponsored visas:

• There will be a continued focus on skilled migrants who fill critical needs and those who introduce investment and innovation into the local economy.
• Priority will also be given to highly skilled migrants in the Employer-sponsored, Business Innovation and Investor Program and Global Talent visa cohorts.

Family visas:

• Reducing the partner visa pipeline – This measure will ensure the Migration Program is appropriate for the current health and economic circumstances.
• The Government will also extend the validity period for Sponsored Parent (Temporary) visas by 18 months for individuals who are unable to use their visas due to COVID-19 travel restrictions.

Student visas:

• Small phased programs for international students will start in late 2021 and gradually increase from 2022.
• The Government will increase flexibility for student visa holders to work beyond the current 40 hours per fortnight limit in the hospitality and tourism sectors. This builds on the existing flexibility arrangements for student visa holders to work in critical sectors as part of the COVID-19 response.

408 visas:

• The tourism and hospitality sectors have been included in the Subclass 408 Temporary Activity Visa. Temporary visa holders will be able to access the 408 COVID-19 Pandemic Event Visa for a period of 12 months if they work in the tourism and hospitality sector.
• The federal government has removed the requirement for applicants for the Subclass 408 Temporary Activity visa to demonstrate their attempts to leave the country in order to undertake agricultural work. The period in which a temporary visa holder can apply for the Temporary Activity visa has also been extended from 28 days prior to visa expiry to 90 days prior to visa expiry.

Humanitarian visas:

• The Humanitarian Program will be maintained at 13,750 places in 2021-22 and the size of the program will remain as a ceiling rather than a target.

Other measures:

• From 1^st January 2022, permanent residents will have to wait four years to receive certain government benefits. Currently, migrants are eligible to receive family tax benefit B immediately; carers allowance and family tax benefit A after one year; and paid parental leave and carers payments after two years.
• The Government will enhance migration litigation and merits review by funding additional finalizations in the Migration and Refugee Division of the Administrative Appeals Tribunal and providing an additional judge in the Federal Circuit Court in 2021-22, and a second judge in 2022-23.
• The Government will also strengthen migrant worker protection in response to recommendations of the Report of the Migrant Workers’ Taskforce.

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