Occupations with Caveats

New occupation lists, new special conditions

Last week was filled with rather dismaying news for many, with huge changes being made to employer sponsored visas, in particular the Temporary Work (Skilled) Visa (Subclass 457) which is set to be replaced by March 2018. Citizenship applications got harder as well, in an announcement made a mere two days after the first. Also changed, was the occupation lists that we have been so familiar with for many years.

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Learn more Occupation list and 457 / 186 / 187 visa changes

The occupations lists have been renamed; the skilled occupation list (SOL) to the medium and long term strategic skills list (MLTSSL), and the consolidated sponsored occupation list (CSOL) to the short term skilled occupation list (STSOL). These names definitely don’t roll off the tongue, but that’s the least of our concerns.

  • 216 occupations were removed
  • 24 occupations restricted to regional Australia
  • 59 occupations with caveats (special conditions apply)

There are 3 kinds of caveats; work experience, regional location and occupation specific. These caveats do not currently apply to any visas other than subclass 457 visas.

Caveats apply to all 457 visa and nomination applications which:

  • are lodged on or after 19 April 2017
  • were lodged before 19 April 2017 and have not yet been decided by the Department.

 

Work experience

Positions for the following occupations must require a minimum of two years of relevant full time work experience. Positions without this requirement and applicants who cannot fulfil this requirement are not eligible under the 457 programme.

  • Advertising specialist [225111]
  • Contract administrator [511111]
  • Finance manager [132211]
  • Graphic designer [232411]
  • Hairdresser [391111]
  • ICT project manager [135112]
  • ICT support engineer [263212]
  • ICT systems test engineer [263213]
  • Information and organisation professionals nec [224999]
  • Software tester [261314]
  • University lecturer [242111]

 

Regional location

These occupations are limited to regional Australia; positions that fall outside the regional postcodes listed are not eligible for the 457 programme:

  • Agricultural technician [311111]
  • Apiarist [121311
  • Aquaculture farmer [121111]
  • Beef Cattle farmer [121312]
  • Cotton grower [121211]
  • Crop farmers nec [121299]
  • Dairy cattle harmer [121313]
  • Flower Grower [121212]
  • Fruit or Nut Grower [121213]
  • Grain, Oilseed or Pasture Grower (Aus) / Field Crop Grower (NZ) [121214]
  • Grape Grower [121215]
  • Horse Breeder [121316]
  • Livestock Farmers nec [121399]
  • Mixed Crop and Livestock Farmer [121411]
  • Mixed Crop Farmer [121216]
  • Mixed Livestock Farmer [121317]
  • Pig Farmer [121318]
  • Poultry Farmer [121321]
  • Primary Products Inspectors nec [311399]
  • Production Manager (Forestry) [133511]
  • Sheep Farmer [121322]
  • Sugar Cane Grower [121217]
  • Vegetable Grower (Aus) / Market Gardener (NZ) [121221]
  • Wine Maker [234213]

 

The regional areas are as follows, and can be found in this legislative instrument.

AREA POSTCODES INCLUSIVE
AUSTRALIAN CAPITAL TERRITORY
Entire Territory
NEW SOUTH WALES
(Excluding Sydney Newcastle and Wollongong)
2250 to 2251 – (Central Coast)
2256 to 2263 – (Central Coast)
2311 to 2312
2328 to 2411
2415
2420 to 2490
2536 to 2551
2575 to 2594
2618 to 2739
2787 to 2898
NORFOLK ISLAND
Entire Territory
NORTHERN TERRITORY
Entire Territory
QUEENSLAND
(Excluding the greater Brisbane area and the Gold Coast)
4124 to 4125
4133
4211
4270 to 4272
4275
4280
4285
4287
4307 to 4499
4515
4517 to 4519
4522 to 4899
SOUTH AUSTRALIA
Entire State
TASMANIA
Entire State
VICTORIA
(Excluding Melbourne metropolitan Area)
3211 to 3334
3340 to 3424
3430 to 3649
3658 to 3749
3753
3756
3758
3762
3764
3778 to 3781
3783
3797
3799
3816 to 3909
3921 to 3925
3945 to 3974
3979
3981 to 3996
WESTERN AUSTRALIA
Entire State

 

Occupation specific

Occupation specific caveats are special conditions that apply to individual occupations and these can be anything from certain responsibilities within the position, business turnover, number of employees in the nominating business, minimum salary and so forth.

  • Accountant (General) [221111]
  • Animal Attendants and Trainers (nec) [361199]
  • Apiarist [121311)]
  • Aquaculture Farmer [121111]
  • Baker [351111]
  • Beef Cattle Farmer [121312]
  • Cafe or Restaurant Manager [141111]
  • Chef [3513111]
  • Chief Executive or Managing Director [111111]
  • Conference and Event Organiser [149311]
  • Cook [351411]
  • Corporate General Manager [111211]
  • Corporate Services Manager [132111]
  • Cotton Grower [121211]
  • Crop Farmers(nec) [121299]
  • Customer Service Manager [149212]
  • Dairy Cattle Farmer [121313]
  • Facilities Manager [149913]
  • Fruit or Nut Grower [121213]
  • Grain, Oilseed or Pasture Grower (Aus) / Field Crop Grower (NZ) [121214]
  • Grape Grower [121215]
  • Hair or Beauty Salon Manager [142114]
  • Horse Breeder [121316]
  • Hotel or Motel Manager [141311]
  • Livestock Farmers (nec) [121399]
  • Management Consultant [224711]
  • Marketing Specialist [225113]
  • Massage Therapist [411611]
  • Mechanical Engineering Technician [312512]
  • Mixed Crop & Livestock Farmer [121411]
  • Mixed Crop Farmer [121216]
  • Mixed Livestock Farmer [121317]
  • Pastrycook [351112]
  • Pig Farmer [121318]
  • Poultry Farmer [121321]
  • Recruitment Consultant [223112]
  • Sales and Marketing Manager [131112]
  • Sheep Farmer [121322]
  • Sugar Cane Grower [121217]
  • Supply and Distribution Manager [133611]
  • Technical Sales Representatives(nec) including, but not limited to, education sales representatives [225499]
  • Transport Company Manager [149413]
  • Vegetable Grower (Aus) / Market Gardener (NZ) [121221]

 

Lets focus on some occupations from this long list.

Accountant
  • Excludes positions that are mainly clerical, bookkeeper and accounting clerk duties
  • Nominating business must have an annual turnover of AUD$1 million or more
  • Nominating business must have five employees or more

 

Cafe restaurant manager / Chef / Cook

  • Excludes positions in fast food or takeaway businesses, fast casual restaurants, drinking establishments with limited food service, limited service cafes such as coffee shops and mall cafes and limited service pizza restaurants

Learn more How the DIBP categorises food businesses

 

Customer service managers / Marketing specialist /Sales and marketing manager

  • Excludes positions that are based on front line retail duties and predominantly involve direct client transactional interaction
  • Nominating business must have an annual turnover of AUD$1 million or more
  • Position must carry a nominated base salary of AUD$65,000 and above

 

Hair or beauty salon manager

  • Excludes positions where duties are mainly non-managerial hair dressing or beauty therapy tasks
  • Nominating business must have five employees or more
For a full list of occupations and their caveats, please refer to this legislative instrument.
Some occupations are subject to multiple caveats. For example, poultry farmers have occupation specific special conditions as well as regional restrictions. Because the occupation list and caveats are in effect from 19 April 2017, any 457 application that has not been finalised and has nominated on occupation on any of the above lists must be able to fulfil these additional requirements. It is harsh, but it is regulations.
Good luck. If you feel you need advice, we encourage you to visit a qualified and experienced agent to speak about your situation, and to scout your pathway beyond a temporary visa as the permanent ENS 186 and RSMS 187 are also going to face changes.
_______________________________________________________________________________
IN THE NEWS..

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SMH: Peter Dutton signals room to move on work visas for universities

SMH: Forget the shearers and welders – corporate executives on 457 visas

ABC: Meet the people in your city that could be affected by the government’s 457 changes

SMH: Citizenship crackdown could punish vulnerable migrants

 
 
  Jee Eun Han
  Senior Migration Agent, Australian Immigration Law Services
  MARN 0850073 

 

 

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