Key terms: Migration Policy Changes – 17 January 2018 Changes – Subclass 189 Skilled Independent – Subclass 190 Skilled Nominated visa – Subclass 489 Skilled Regional Sponsored visa – MLTSSL – STSOL – Occupation Lists – Subclass 187 Regional Sponsored Migration Scheme -
The Department of Home Affairs (DHA) has released updates to the following skilled occupation lists:
- Medium and Long Term Skills Shortage List (MLTSSL) and Short Term Skilled Occupation List (STSOL) for Skilled Independent and Skilled Nominated visas (subclass 189, 190, 489)
https://www.legislation.gov.au/Details/F2018L00046
- Medium and Long Term Skills Shortage List (MLTSSL) and Short Term Skilled Occupation List (STSOL) for Temporary Work (Skilled) visas (subclass 457)
https://www.legislation.gov.au/Details/F2018L00044
- Medium and Long Term Skills Shortage List (MLTSSL) and Short Term Skilled Occupation List (STSOL) for Employer Nomination Scheme (subclass 186) – Direct Entry Stream
https://www.legislation.gov.au/Details/F2018L00045
- Medium and Long Term Skills Shortage List (MLTSSL) for Temporary Graduate visa (subclass 485) – Graduate Work
https://www.legislation.gov.au/Details/F2018L00046
- Medium and Long Term Skills Shortage List (MLTSSL) and Short Term Skilled Occupation List (STSOL) for Training visa (subclass 407)
https://www.legislation.gov.au/Details/F2018L00047
The new occupation lists will apply to:
- 457 visa applications lodged on or after 17 January 2018
- SkillSelect visa applications (subclass 189, 190, 489) which were issued an Invitation to Apply (ITA) on or after 17 January 2018
There are no changes to the subclass 187 RSMS eligible occupations. However it is hinted that the RSMS occupation list may be changed on 3 March 2018.
Here is a summary of the changes announced:
Occupations added to the Short Term Skilled Occupation List (STSOL)
Property Manager ANZSCO 612112 (caveats apply)
Psychotherapist ANZSCO 272314 (no caveats)
Real Estate Representative ANZSCO 612115 (caveats apply)
Occupations moved from STSOL to Medium and Long Term Skills Shortage List (MLTSSL)
Horse Breeder ANZSCO 121316 (caveats apply)
Management Consultant ANZSCO 224711 (caveats apply)
Occupations removed from the Skilled Occupation Lists
Building Associate ANZSCO 312112
Hair or Beauty Salon Manager ANZSCO 142114
Occupations with new or amended caveats
Accommodation and Hospitality Managers nec ANZSCO 141999
Management Accountant ANZSCO 221112
Massage Therapist ANZSCO 411611
Recruitment Consultant ANZSCO 223112
Supply and Distribution Manager ANZSCO 133611
Taxation Accountant ANZSCO 221113
To determine if caveats apply to your visa application, you will need to refer to the specific legislative instrument. In general caveats apply to the Temporary Work (Skilled) visa (subclass 457) and Employer Nominated Scheme visa (subclass 186) – Direct Entry Stream visa applications.
Am I affected?
If you are intending to, or applied for a visa on or after 17 January 2018, the changes will affect you according to the visa type you have applied for. A frequent oversight from visa holders and applicants is that if you are changing employers while holding the 457 visa, your occupation will still need to be on the current occupation lists for the 457 visa programme.
If you are unsure about the changes and whether it will affect you, contact Work Visa Lawyers to arrange an appointment with our team of Registered Migration Agents to discuss further.
Sources:
https://www.homeaffairs.gov.au/trav/work/work/skills-assessment-and-assessing-authorities/skilled-occupations-lists
https://www.homeaffairs.gov.au/trav/work/work/2018-changes-of-eligible-skilled-occupations
This information is accurate on 17 January 2018
Comment from Principal Migration Agent and Lawyer Chris Johnston
The removal of Hair and Beauty Salon Manger from the lists will be a big disappointment for many.
It is just getting harder and harder for accountants for fins a migration pathway. The points requirements are currently very high for the 189 at 75 points. Getting employer sponsorship with a small business now is being targeting. The caveats that now apply to Taxation Accountant 221113 and Management Accountant 221112 are:
Excludes any of the following positions:
· clerical, book keeper and accounting clerk positions
· positions in businesses that have an annual turnover of less than AUD$1M
· positions in businesses that have fewer than five employees.
Some real estate related occupations are back on the STSOL, with Property Manager ANZSCO 612112 (caveats apply) and Real Estate Representative ANZSCO 612115 making a return.
There have been more caveats (meaning pre-conditions) added to a range of occupations. The occupation of Massage Therapist is now strictly restricted to Therapy setting by caveats saying that a retail setting is not acceptable.
There was much speculation that the occupation of Recruitment Consultant would be removed, but it survived on the list. However the caveat of salary at $90,000 or over will reduce the opportunities for sponsorship.
In March 2018 there are major changes to come to the RSMS and ENS, and the 457 will be replaced by the TSS.
The RSMS list, which is currently the most generous, may be slashed.
The introduction of the Skilling Australia Fund will increase to cost to the employer for the RSMS, ENS and TSS.
Do you need help with an Australian visa or citizenship application?
At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention. We have also assisted applicants with Australian citizenship applications, especially for those with unusual circumstances.
If you require further information regarding your Australia visa or citizenship options you can contact us through:
(08) 8351 9956 or +61 8 8351 9956
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