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Immigration Reform in Australia Coalition Government Proposals and Outcomes since March 1996

Published in November 1997, this is a 42 page analysis of Coalition immigration reform proposals and outcomes. The study explores the political and parliamentary events which led to the outcomes summarized in the following digest.

Immigration Reform Proposals and Outcomes: A Summary

Proposals Outcomes
Two year waiting period for all social security pensions and benefits plus additional family payments and maternity allowance where no waiting period already in place (as with the age pension and disability pension).

Passed and implemented. But Senate excluded maternity allowance and additional family payments from waiting period.

Exemption from waiting period for spouses whose partners were immigrants who had already resided in Australia for two years removed.

Two year waiting period for Austudy. Passed and implemented.
Two year waiting period for Special Benefit except where sponsorís circumstances change significantly after migrant arrives. Passed and implemented.
Tougher means test for Special Benefit requiring virtual exhaustion of claimantís funds. Passed, but administrative guidelines modified to give DSS decision makers more discretion on payment than Government proposal.
All preferential family sponsors to provide an Assurance of Support plus accompanying welfare bond and ëHealth Services Feeí. Defeated in Senate.
All sponsors of Preferential Family migrants to be Australian citizens. Defeated in Senate. But sponsorship from non-citizens given low processing priority.
Tougher bone-fides tests for spouse and fiance applications. Implemented through tighter evidentiary requirements at processing posts.
All off-shore spouse and fiance visas to be initially issued on a two-year temporary basis pending confirmation that the marriage is ëgenuine and continuingí. Passed and implemented. However, where spouse applicants can prove a five year preceding relationship (two years where children are involved) the two year temporary entry provision is waived.
Tougher serial sponsorship rules.

Passed. A resident can only sponsor two spouse, fiance or same sex partners, with a minimum of five years between first and second.

Also a resident who was originally sponsored as a spouse, fiance or same sex partner, must wait five years before he or she can sponsor a partner if the initial relationship dissolves.

Defacto spouse applicants must prove a pre-existing relationship of at least two years duration. Passed, but relationship reduced to one year.
Balance of Family Test for parent sponsorships tightened to require that more than half of the children be resident in Australian. Defeated in Senate, but applicants not meeting the proposed test given low processing priority.
Implementation of capping powers available since 1989 under section 85 of the Migration Act. Caps implemented for 1996/97 program on fiances working-aged parents, Preferential Family (other) and Interdependents.
Power to 'cap and queue' spouse, aged parents and dependent children categories. Capping powers granted for aged parents but not spouses or dependent children. Parent cap implemented for 1997/98 program year. Parent cap limited at 1000, virtually eliminating the right to bring parents to Australia.
Incorporate test for English language competence in Concessional Category points test. Passed and implemented. Parallel measure to extend range of occupations requiring English implemented. Most Concessional principal applicants now need vocational level English.
Reduce Preferential Family size and share of the immigration program. Substantial progress. The number of Preferential Family visas fell from 48,720 in 1995-96 to a target of 32,000 for the 1997-98 program year. The share of Preferential Family visas declined from 59 per cent to 47 per cent over the same period.

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