The Skills in Demand 482 visa has become a vital pathway for skilled workers seeking employment in Australia. This visa requires a sponsoring employer to nominate the applicant for a specific role. We often have questions about "self-sponsorship". But is self-sponsorship for the 482 visa a viable option, or is it bound to face refusal? Let’s explore this question in detail.
Understanding Self-Sponsorship
Self-sponsorship refers to the scenario where an individual owns their own business and wants to use that entity to sponsor themselves for a 482 visa. This approach involves the usual steps of a 482 visa application process:
Sponsorship Approval: The business must apply to become an approved sponsor through the Department of Home Affairs.
Nomination of a Position: The business must nominate a position that aligns with the applicant’s skills and is on the relevant skilled occupation list.
Visa Application: The skilled person applies for their visa application, proving qualifications, work experience, English ability and in some cases skills assessment, as well as health and character requirements.
The Department of Home Affairs has specific requirements for businesses sponsoring 482 visa applicants, whether they are self-sponsored or not. These include:
Genuine Need for the Position: The business must demonstrate a genuine need for the role within its operations.
Market Salary Rates: The nominated position must meet Australian market salary rates to ensure compliance with fair work standards.
Labour Market Testing (LMT): In most cases, businesses are required to prove that they have advertised the role locally and were unable to find a suitable Australian candidate.
Financial Capability: The sponsoring business must have sufficient financial resources to support the employment of the visa holder.
Challenges of Self-Sponsorship
While self-sponsorship is theoretically possible under the current visa regulations, it faces significant challenges:
1. Proving Genuine Need
The Department of Home Affairs scrutinizes self-sponsorship applications closely. Proving a genuine need for the position can be difficult if the business is newly established or lacks substantial operations. For example, if the applicant is the sole proprietor and the only employee, the department may question the legitimacy of the role.
2. Labour Market Testing Compliance
Labour market testing requires advertising the role and proving that no suitable Australian candidate is available. This can be challenging in self-sponsorship cases, as it may appear that the role was tailored specifically for the applicant.
3. Financial Viability
Some people may establish a new business to try to sponsor themselves. A newly established business may struggle to provide evidence of financial stability, such as cash flow statements, tax returns, or contracts. Without these, it becomes challenging to demonstrate that the business can meet its sponsorship obligations.
4. Perception of Conflict of Interest
Self-sponsorship inherently involves a potential conflict of interest, as the applicant is both the sponsor and the beneficiary. This can raise concerns with the Department of Home Affairs about the integrity of the application and is the element that undermines genuine need and labour market testing requirements as above.
Successful Self-Sponsorship: Key Considerations
While challenging, self-sponsorship is not impossible. Applicants who are determined to pursue this pathway must consider the following:
Comprehensive Business Plan: Develop a robust business plan that outlines the operational structure, revenue model, and market opportunities. Highlight how the nominated position is essential for business success. Even for established businesses, a business plan or a letter to the same effect will help to explain to a case officer why the role is needed to be filled for the business to keep running.
Independent Validation: Engage third-party professionals, such as accountants or business consultants, to validate the business’s financial and operational viability. This creates a degree of separation so that all claims are not being made by the one person.
Transparency in Labour Market Testing: Conduct genuine labour market testing and maintain detailed records to demonstrate compliance. For self-sponsorship circumstances, it is even more important that full evidence (including a candidate matrix indicating who has applied and the rigorous recruitment processes including candidate review, interviewing and deliberation were conducted) is given to the Department.
Seek Expert Advice: Immigration lawyers or registered migration agents can provide valuable insights into meeting the stringent requirements of self-sponsorship in your specific circumstances.
This is the case of PROJECT 42 PTY LTD whose nomination for CEO/MD for the multimedia consulting company was refused by the Department of Home Affairs. The case highlighted that there is no rule precluding self-sponsorship, but that there are strict requirements that maintain the system’s integrity.
The business had six staff, including events manager, video editor, office manager, graphic designer and public relations and social media managers.
The position to be filled closely matched the nominated occupation.
As the Tribunal Member was convinced that the position was genuine and a genuine search for an Australian citizen or permanent resident who could have filled the role instead had been conducted, they approved the nomination.
In this Tribunal matter, Sarab Trading International Pty Ltd were not successful in sponsoring the manager, who was the owner, director and the only employee.
The ANZSCO occupation selected was 134999 Specialist Manager nec. The Tribunal Member did not find that this occupation was likely to be appropriate and was a highly specialised occupation that did not match well with the role or the business.
The business was an export business.
The business had only one employee, the person nominating himself.
The Tribunal found that the nominated position was not genuine.
It is important to note again that the Tribunal noted there was nothing preventing “self-sponsorship nominations” and so did not address it directly in this way, however in this case, the strict integrity requirements (namely the requirement to prove a “genuine position”) meant that this nomination was not successful.
What’s the difference?
What makes the difference is evidence that can demonstrate there is a genuine need for the role. In the successful story, that business was able to show more evidence that they have a genuine need to sponsor the person in that role.
Decision makers will consider all aspects of the position and of the business, to determine if it appears to be a genuine arrangement, or if the application has been contrived to secure a migration outcome for the nominated person.
The Verdict: Will It Work or Be Refused?
Self-sponsorship for the 482 visa is a high-risk pathway. We will generally counsel most persons to consider alternative visa pathways due to the very high risk that the applications are rejected. Success depends on meticulous planning, compliance with visa requirements, and the ability to present a convincing case to the Department of Home Affairs. While it is not explicitly prohibited, the additional scrutiny applied to such applications makes refusal a common outcome.
For those considering self-sponsorship, the key is preparation. Maintain transparency in compliance and seek professional guidance, both for the visa process and for external support such as with accounting and recruitment. With a good case, self-sponsorship can be done, but it is very risky.
How can Work Visa Lawyers help you?
Our team of registered migration agents and immigration lawyers can assist you with your 482 visa application or any other Australian visa application.
Since 2011, we have assisted thousands of applicants and businesses with Australian immigration matters.
Can I be sponsored anywhere in Australia, or does the new 482 Skills in Demand Visa require regional sponsorship?
Your role can be located anywhere, it does not necessarily have to be a regional area of Australia. Different to the TSS visa, there is no longer a regional occupation list and none of the occupations on the CSOL are required to be regional, though occupations like farmer are still more likely to be based in regional Australia.
Can any occupation on the Core Skills Occupation List apply for the 482 Skills in Demand Visa?
Yes, though some occupations have a caveat (essentially an additional condition or restriction that must be met).
How many years of experience do I need to apply for the 482 Skills in Demand Visa?
You need at least 1 year of relevant work experience within the last 5 years.
Does the one year of experience need to be in Australia, or can it be overseas?
Overseas work experience can count if it can be sufficiently proven.
Does the work experience need to be full-time, or can it also include part-time or casual work?
The good news is that the work experience can include part-time or casual work in the last 5 years, as long as the hours you have worked is equivalent to 1 year of full-time relevant work experience.
Do I need a skills assessment to apply for the 482 Skills in Demand Visa?
This depends on your occupation. For some occupations, a skills assessment is required for passport holders from certain countries, unless an exemption applies.
Will the Department of Home Affairs release a Specialist Skills List and a Labour Agreement List as well?
Café or Restaurant Manager has been removed from the list. Can café or restaurant managers be sponsored as Hotel or Motel Managers? If not, what are the visa options now?
We wouldn’t recommend doing so, as Café/Restaurant Managers and Hotel Managers are different occupations. Café or Restaurant Managers may still have General Skilled Migration options, or a pathway through the employer sponsored 494 visa for those working in regional areas of Australia.
Is there an age limit for applying for the new 482 Skills in Demand Visa?
Do I still need my employer to nominate me for the 186 PR after two years?
Yes, you will need your employer to nominate you for the 186 visa in the TRT stream.
Can I move to another employer and still apply for PR after holding a 482 Skills in Demand Visa for two years?
Yes, under recent changes from 7 December 2024, the time you spend working on the 482 Skills in Demand Visa can roll over, which means you can change employers and still count the time you worked for your previous employer on a 482 Skills in Demand Visa towards your 2 years of experience on a 482 visa that is required for the 186 TRT visa.
What visa options do I have if my occupation is not on the Core Skills Occupation List?
If your occupation is not on the Core Skills Occupation List, you can consider other General Skilled Migration visas such as the 189 visa, 190 visa and 491 visa which don’t require your occupation to be on the CSOL and instead looks at the Short Term, Medium to Long Term and Regional Occupation Lists.
Do I still need an employer to sponsor me to apply for the 186 Direct Entry visa?
Yes, you will still need an Australian employer to sponsor you to apply for the 186 visa in the Direct Entry Stream but this employer does not need to be the same employer as you had for a 482 visa, if you previously held a 482 visa.
Do I need skills assessment to apply for the 186 Direct Entry?
Yes, you will need to have a positive skills assessment in the relevant occupation to apply for a 186 Direct Entry visa.
How many years of experience do I need to apply for the 186 Direct Entry?
You will need to have at least 3 years of full-time work experience (or full time equivalent) to apply for the 186 Direct Entry visa.
Does the required three years of work experience include pre- or post-qualification experience? Can the experience be from both Australia and overseas?
For 186 Direct Entry stream, your work experience must be at the skill level. Generally, this means that it should have been completed after you obtained your relevant qualification. Your experience can be in Australia or overseas to meet the 3 years requirement for the 186 Direct Entry stream.
Does the 186 visa Direct Entry stream require a salary of at least $73,150?
Yes, the 186 nomination requires the nominated salary to be at least the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $73,150.
What is the age requirement to apply for the 186 Direct Entry visa?
The age requirement for 186 Direct Entry stream visa is “under 45”. This means that people who are 45 years old or older may not be eligible. There are some very limited exemptions for New Zealanders and their partners, as well as some science workers and researchers.
Yes, it is possible to change employers while on the 482 visa. Since 1 July 2024, applicants are able to find other work after their employment ends. They can work up to 180 days with another employer. They will need their 482 nomination to be “transferred” to the new employer to work more than 180 days.
If I change employers, will I still be able to apply for PR after two years of holding a 482 visa?
With new changes from 7 December 2024, progress towards Temporary Residence Transition stream is “portable”. So, you can change employers without losing progress toward PR. However, employers may still require their employees to work 2 years for them prior to offering to sponsor their 186 visa.
Can I change employers if my occupation is not on the Core Skills Occupation List?
If your 482 visa was under the Medium- or Short-Term stream 482 visa and your occupation is no longer on the Core Skills Occupation List , it is no longer possible to have a new nomination approved to transfer you to a new employer. Since the 1 July 2024 changes to 482 visa conditions, it is still possible to work for another employer for up to 180 days if your employment ceases, however a new nomination may not be possible. This can cause problems later if you wish to apply for 186 visa in the Temporary Residence Transition stream, as your nominator for the 186 TRT must have been the most recent nominator for your 482 visa.
Do I still need my employer to nominate me for the 186 PR after two years?
Yes, the 186 visa requires an employer nomination. The employer will need to provide a range of business documents as part of the nomination and they will need to pay at least the Skilling Australians Fund levy of either $3,000 or $5,000.
I’m already on a 482 visa. Can I now apply for the 186 Direct Entry if my occupation is on the list?
Yes, holding a 482 visa does not prevent you from applying for 186 visa in the Direct Entry stream. You would still need to meet all the Direct Entry stream requirements, including skills assessment. Many 482 visa holders might choose to wait 2 years until they meet the Temporary Residence Transition stream requirement if they are close and do not have a skills assessment yet.
I’m on a 482 visa, but my occupation has been removed from the Core Skills Occupation List. Can I still apply for the 186 Transition Pathway after two years?
These were the main questions about the recent changes to employer-sponsored visas. If you have any more questions, feel free to leave them in the comments on our YouTube video and we’ll do our best to answer them.
As the Australian Government announced following the results and recommendations from the migration reviews undertaken in 2022 and 2023, the TSS (Temporary Skills Shortage) 482 Visa will be replaced with the new Skills in Demand Visa (SID Visa) Subclass 482. This new Skills in Demand Visa and provide more flexibility to workers and employers and is planned to be implemented in the end of 2024.
In this blog, we will discuss the most popular stream of the Skills in Demand visa: the Core Skills pathway.
In connection with this, Jobs and Skills Australia (JSA) opened a consultation on the new Core Skills Occupation List (CSOL). The Draft Core Skills Occupations List is an important component of Australia's evolving migration strategy. This draft list categorizes occupations into different streams based on their importance to the economy and the current labour demand, providing a structured approach to manage employer-sponsored migration more effectively.
The Core Skills Occupation List is being designed to identify occupations that are essential for Australia’s economic health, particularly those that are in shortage and can benefit from employer-sponsored migration and will be released soon.
The Core Skills Occupation List split into three categories:
Confident On List– Occupations that Jobs and Skills Australia is certain should remain on the list.
Occupations such as Social Worker, Registered Nurse, IT Network Administrator and Diesel Motor Mechanic are on the Confident On List.
Confident Off List– Occupations recommended for removal based on current labour market insights.
Occupations such as Cattle Farmer, Cafe or Restaurant Manager, Real Estate Representative and ICT Project Manager are on the Confident Off List.
Targeted for Consultation– Occupations that require further input from stakeholders to determine their necessity and priority.
Occupations such as Finance Manager, Cook, Chef, Marketing Specialist, Hairdresser and Web Designer are on the Targeted for Consultation List.
We submitted a proposal to the Australian government highlighting the occupations we believe should be included on the Core Skills List.
Please see below for our full submission.
Submission:
The need for a comprehensive Core Skills Occupation List
Research by the University of Adelaide’s South Australian Centre for Economic Studies, The Potential Benefits of Reforming Migration Policies to Address South Australia’s Needs (2017)[1] found that the Employer Nominated Scheme (ENS) and the Temporary Work (Skilled) visa are relevant for addressing the skill shortages faced by South Australian employers. The research further states that the ENS, in particular has proven effective in meeting these skills shortages.
Further, according to the Migration Review (2023), one of the five core objectives that underpin Australia’s migration system is “making the system work by being fast, efficient and fair for migrants and employers”. The Australian Government’s Review of the points test Discussion Paper (April 2024) notes changes to the points test as recommended by the Migration Review “would support a clearer delineation” between the Skilled Independent visa program which focuses on long-term prosperity and the Employer Nominated program which focuses on meeting immediate skills needs.
Considering the above, we submit that the Employer Nominated Scheme plays an important part in Australia’s long-term economic progress. And if the needed occupations are not on the CSOL will not be able to meet the needs of the employers. The needs of businesses vary greatly between industries and between major cities and regional areas and a wider CSOL is needed so that the employers can get the employees/workers they need.
In addition to the Public Interest Criterion (PIC) 4020 provision applicable to all visa applications, i.e., criterion that provides that a visa application might be refused if the applicant provides Bogus Documents or False/Misleading Information, there are a number of measures in place to protect and promote the integrity of the employer-sponsored program, including specific provisions under migration law prohibiting payment for sponsorship, Departmental monitoring and imposition of sanctions for breaches of sponsorship obligations and the genuine position requirement. The genuine position requirement for example is designed to help filter out applications which are not designed to fill labour shortages, but which are being used for the purpose of migration outcome. Such a genuine position requirement should also be built into the core skill visa.
There is nothing inherently better about having a shorter or more restricted list. With the significantly higher Temporary Skilled Migration Income Threshold (TSMIT) currently set at $70,000 a year, to be indexed going forward, employee sponsored visas are no longer focused on low paid occupations.
The Review of the points test Discussion Paper stated that “[n]early a quarter of skilled migrants work in a job below their skill level. ENS visa holders are least likely to work in a job below their skill level as they have to be employed in an occupation that matches their qualification and work experience.
Designated Area Migration Agreements (DAMAs) are useful, but the DAMA occupation lists do not include many key occupations and do not cover all regional Australia. For example, Tasmania does not have a DAMA.
Needs of Regional Industries and Australians living in regional areas
The current starting point of the Confident On CSOL list seems to be heavily weighted towards jobs in large Australian cities and against regional located occupations. This is contrary to the needs of Australia. Australia’s export industry is mostly based in the regional areas and therefore there is a genuine need for the services of the skilled workers in regional Australia.
Medium and Long Term Strategic Skills List (MLTSSL)
Short Term Skilled Occupation List (STSOL); and
Regional Occupational List (ROL).
The Core Skills Visa is only planning to have one list, the Core Skills List. This means that that introduction of the Core Skills Visa leads to the abolition of the sc-482 Regional Occupational List (ROL). The needs of regional Australia continue and the Core Skill List needs to incorporate the occupations that were on the ROL.
Abolishing the Regional Occupation List means that regional occupations need to be built in the CSOL. There is currently congestion at major cities, i.e., Melbourne, Sydney and Brisbane.
Risks of a restrictive CSOL List
We believe the currently proposed very narrow Core Skills List has been influenced by the arguments of the Grattan Institute.
The Grattan Institute in March 2022 released a report, Fixing Temporary Skilled Migration: A Better Deal for Australia, where the institute provided their recommendations to address the issues relating to skills shortages, etc. The Grattan Institute recommends, among other things, that temporary sponsorship should be reserved for higher-wage jobs in any occupation. We submit that this recommendation poses risks for Australia’s migration program as a whole as discussed below.
Grattan Institute’s recommendations pose a major barrier and could create or worsen skills shortages
The Grattan Institute is far too narrowly focused on the economic value of migrants through tax. Their model is to attract younger, higher-skilled migrants who earn high incomes and pay substantial taxes, in order to generate long-term fiscal dividends. Serious danger lies in adopting this model for our migration program as a whole.
Rather than focusing on meeting current labour-driven demands, the Grattan Institute advocates for granting permanent residency to migrants in higher-earning jobs who are expected to pay more tax over their lifetime. Based on economic modelling, the Grattan Institute contends this reform would consequently boost the federal and state budgets by billions over the next decade.
Adaption of the Grattan Institute’s recommendations could supply Chief Executives (ANZSCO 111111) and Taxation Accountants (ANZSCO 221113) to work in large cities while the regions are unable to access Disability Service Officers (ANZSCO 411712), Refugee Workers, Emergency Services Workers (ANZSCO 441211) and Motor Mechanic (General) (ANZSCO 321211).
Realistically, it will also severely worsen Australia’s housing, infrastructure and skills shortages problems.
Risk 1: Creating more skills shortages by focusing on high-skilled and high-earning occupations which will leave Regional Australia with crippling skills shortages while filling major capital cities with an influx of high-earning professionals
The Grattan Institute inspired migration policy focused on high earning occupations, works well to fill leafy areas of Melbourne and Sydney with highly paid professionals, while simultaneously depriving regional Australia of crucial workers. In the end this will only worsen massive skills shortage for aged care, childcare and agricultural workers.
Migrants of varying skill levels have a great deal to contribute to the workforce, economic and social fabric of Australia. Their intrinsic value does not boil down to income and generated tax revenue. The recommendations put forward by the Grattan Institute are wholly antithetical to the aims of the migration program and would exacerbate, rather than solve, major challenges Australia faces today.
The emphasis should not just be on high skills, but on the jobs that need to be done. If the Grattan Institute’s inherently short-sighted policies are implemented, the reality is hard-hit industries namely aged and disability care, childcare and agriculture will continue to unduly suffer. This is all the more problematic for regional Australia, which has long grappled with challenges in attracting and retaining skilled workers.
Risk 2: Rendering Australia exposed to significant challenges and weakening its sovereign capabilities in many aspects such as food production and transport
Adopting an overly narrow CSOL poses a serious threat to Australia’s sovereign capabilities.
Australia’s ability to feed its people relies on resources and infrastructure in regional Australia. Agriculture is the lifeblood of our nation. At the most fundamental level, we are reliant on the agricultural industry to meet our basic needs for food and produce. Labour shortages lead to diminished production and wasted yields, with the end result being higher prices for goods. Inflation in turn significantly impacts the cost of living for everyday Australians.
We do not accept the notion that the primary aim of the migration program is to increase and maximise tax revenue for the government through income tax generated from migrants, as is being championed by the Grattan Institute. The Grattan Institute’s approach relies on the assumption that everything important to Australia’s economy is founded upon a high salary. This is an unequivocally false assumption; many essential services in our society are provided through lower paid occupations which contribute to our health and wellbeing as well as food security, trade and the ongoing supply of vital goods.
List lag behind industry needs
The lists can often lag behind the needs of industry and businesses in terms of occupations. This can particularly be in relation to ICT related occupations that are constantly developing.
We are finding a strong demand from industry for the occupation of User Experience Designer (ANZSCO 261113). We recommend the inclusion of User Experience Designer (ANZSCO 261113) on the CSOL.
Continued need for separate regional focused visas (sc-491 and sc-494)
It is useful to be given an opportunity to make submissions on occupations to be included for the upcoming Skills in Demand Core Skills Visa. However, it should be noted that there is still an important role for regional focused visas with generous lists which extend beyond the Core Skills Visa.
The subclass 494- Skilled Employer Sponsored Regional (Provisional) visa is a regional focused visa and while it has a generous list it is currently hamstrung by having the need for a skills assessment for all applicants and three years of relevant experience. These sc-494 requirements make it more demanding than the current sc-482 or the new proposed core skills visa.
For regional locations to have access to skills, sc-494 needs to be reformed to lessen the requirements, so that they are in line with those required for the core skill in terms of relevant qualifications and two years of experience, with no need for a skills assessment for the Core Skills Visa in most circumstances.
Detailed occupation suggestions
Draft CSOL Targeted for Consultation
There are a large number of farm management level positions which are currently on the “Targeted for Consultation” list.
We have previously done a range of these occupations for family businesses and for larger businesses that desperately needed skilled management personnel due to their regional locations with the following occupations having been important, i.e., Dairy Cattle Farmer (ANZSCO 121313) and Winegrape Grower (ANZSCO 121617).
As a country that has an agricultural industry worth about AUD$100 billion (in 2022-23)[2], Australia can benefit from having agriculture and production related professional occupations and therefore should be on the list including an Agricultural Consultant (ANZSCO 234111), Agricultural Research Scientist (ANZSCO 234114), Food Technologist (ANZSCO 234212), Wine Maker (ANZSCO Code 234213).
Further, AgTech related occupations include Agriculture and Aggregate Technician (ANZSCO 311111), Animal Husbandry Technician (ANZSCO Code 311113), Agriculture and Fisher Technician (ANZSCO 311112), Irrigation Designer (ANZSCO Code 311115), Pharmacy Technician (ANZSCO 311215) should also be on the list.
Similarly, Meat Inspector (ANZSCO 311312) and Primary Product Quality Assurance Officer (ANZSCO 311314) should also be on the list. We recommend that all the farm management level positions be placed on the list.
There is a housing shortage in Australia and there is also a large number of civil construction and infrastructure projects underway. This is in addition to the current skill shortage in the industry, as Infrastructure Australia reported there is a 229,000 public infrastructure workers shortfall[3]. There are a number of occupations related to the building and construction in the CSOL Targeted for Consultation List such as: Project Builder (ANZSCO 133112) , building related occupations of Architectural Draft Person (ANZSCO 312111), Building Associate (ANZSCO 312112) , Construction Estimator (ANZSCO 312114), Plumbing Inspector (ANZSCO 312115), Mechanical Engineering Draftsperson (ANZSCO 312511), Building and Engineering Technician, nec (ANZSCO 312999) that should be included in the Confident On List.
South Australia has a growing manufacturing industry[4] and we recommend that Production Manager (Manufacturing) (ANZSCO 133512) be on the list.
We recommend that health related occupations being included on the list including Medical Administrator (ANZSCO 134211), Nursing Clinical Director (ANZSCO 134212), Primary Health Organisation Manager (ANZSCO 134213).
We found that the hospitality industry is underrepresented and there are a number of hospitality related occupations which are very important to regional Australia including Hotel or Motel Manager (ANZSCO 141311) and Accommodation and Hospitality Manager nec (ANZSCO 141999). These occupations are required by many hospitality businesses’ business model.
Australian Hotels Association SA chief executive officer Anna Moeller stated that ““Skills shortages are one of the biggest issues our hotel members are facing today and, in particular, the chronic shortage of cooks and chefs.[5]” This skills shortage in the hospitality business is a real threat to South Australia’s renowned restaurant, bar and café industry.
It is certainly important to regional cities and towns and to Australian tourism generally that Cooks (ANZSCO 351411) and Chefs (ANZSCO 351311) be included on the Core Skills List.
In relation to general business, the occupation of Retail Manager General (ANZSCO 142111), is important to regional locations that often have trouble filling these roles.
There are range of ICT and STEM roles which should be included including Data Scientist (ANZSCO 224999, ICT Account Manager (ANZSCO 225211) and ICT Sales Representative (ANZSCO 225213). ICT roles including ICT Business Analyst (ANZSCO 261111) and System Analyst (ANZSCO 261112) Multimedia Specialist (ANZSCO 261211) and Web Developer (ANZSCO 261212) are important to the creative film industry and should be included.
The occupation of Helicopter Pilot (ANZSCO 231114) is important not only to agriculture but also to tourism and hospitality, and therefore it should be included.
For research in health and pharmaceuticals, Medical Engineer (ANZSCO 233913), Life Scientist (General) (ANZSCO 234511), Biotic Technologist (ANZSCO 234514), Marine Biologist (ANZSCO 234516), Life Scientist nec (ANZSCO 234516) should be included.
Our firm represents some research bodies and we have nominated seven or more Life Scientist nec (ANZSCO 234599) this year under the sc- 482 which are going into high-paid research roles. There remains a need in this area, and were this occupation not listed, these businesses would be unable to fill important roles that underpin employment of Australians in the science sector.
The frequently nominated occupation of Marketing Specialist (ANZSCO 225113) for the sc-482 should also be available for the new list. They should also be extended to Content Creator (ANZSCO 225114), and Digital Marketing Analyst (ANZSCO 225115).
There is often difficulty in filling teaching roles in regional areas and we recommend teaching roles to be included including Middle School Teacher (ANZSCO 241311).
We also recommend that occupations that will provide assistance to those with disabilities or special needs should be included, and we are surprised that they are not already included on the list. We recommend the inclusion of Teacher of the Hearing Impaired (ANZSCO 241512), Teaching of the Site Impaired (ANZSCO 241513), Registered Nurse (Developmental Disability) (ANZSCO 254416).
There can be a serious shortage of trades in the regions, and this consistently been a shortage of Motor Mechanics and we recommend that Motor Mechanics (General) (ANZSCO 321211) being included. This is our second most frequently nominated occupation over the last 10 years and it is essential for it to be included.
Response to the draft CSOL Confident Off List
There are a large number of farm management related occupations which are on the Confident Off List. We recommend that they are all included to allow the regional businesses to fill these positions and to help them not just survive but thrive. Of particular importance to South Australia is the occupations of Beef Cattle Farmer (ANZSCO 121312) and Vegetable Grower (ANZSCO 121616). South Australia is one of the largest producers of vegetables for Australia and the international market and it is essential that the occupation of Vegetable Grower is included.
According to the data from the South Australian Department for Industry, Innovation and Science, “[m]anufacturing is currently South Australia’s largest sector, accounting for around 17% of total state output by revenue[6].” Thus, it is important for South Australian businesses that manufacturing related roles including Manufacturer and Production Manager (ANZSCO133512) are included in the list.
Regional areas often have problems filling childcare related roles, and the childcare related occupations are Childcare Centre Manager (ANZSCO 134111) and well should be included. Accessing social services and community support is also difficult and the occupation of Welfare Centre Manager (ANZSCO 134214) should be included.
We also note that welfare workers such as, Community Worker (ANZSCO 411711), Disabilities Services Officer (ANZSCO 411712) and Child or Youth Worker (ANZSCO 411716) are in the Off List. This is disappointing as this would affect some of Australia’s most vulnerable residents’/citizens’ access to necessary care and services. It is already difficult to fill these positions from local labour and taking these off the list would just add to the issue.
Hospitality related roles should be included including Cafe Restaurant Manager (ANZSCO 141111), Caravan Park and Camping Ground Manager (ANZSCO 141211), Bed and Breakfast Manager (ANZSCO 141911), Conference and Event Organiser (ANZSCO 149311). Again, these occupations are necessary for the businesses to operate, and it is widely accepted in the hospitality industry that is difficulty to fill these positions especially in the regions.
For the creative arts and video and film industries the occupation of Media Producer (ANZSCO 212112) is important.
To provide services to migrants the occupation of Teacher of English to Speakers of Other Languages (ANZSCO 249311) should be included.
Summary Points
While we recognise that the skilled occupations list needs to be reviewed and amended to adapt to Australia’s current and long-term skills shortages, we submit that we should not lose sight of the core objectives of Australia’s migration system.
There is a need for an effective wide skilled occupation list to meet the Australian businesses needs and so that they can get the employees they need especially in the regions.
There is a need for separate regional focused visas and regional focused skilled occupation list.
The skilled occupation list should not just be heavily focused on high-skilled or high-earning occupations.
Occupations with a long and proven history of skill shortages such as Cooks, Chefs and Motor Mechanic and those occupations needed to provide key services services such as health and teaching should be on the list.
Conclusion
Now that you have had the chance to review our submission, you can see that it is essential to advocate for a comprehensive Core Skills Occupation List (CSOL) that accurately reflects the diverse needs of both regional and urban employers.
As the migration landscape evolves, it is vital to ensure that the CSOL encompasses a wide range of occupations, particularly those that contribute significantly to sectors such as construction, agriculture, healthcare, and education. By broadening the scope of the CSOL and maintaining robust regional visa pathways, Australia can better meet the skill demands of various industries while also supporting its long-term economic growth.
Implementing these recommendations will not only enhance the effectiveness of the migration program but also ensure that it remains responsive to the pressing needs of businesses across the nation, particularly in regions that face unique challenges in attracting and retaining skilled workers.
[1]South Australian Centre for Economic Studies.The Potential Benefits of Reforming Migration Policies to Address South Australia’s Needs. Report 3: Policy Solutions. Commissioned and funded by: Migration Solutions, Thomas Foods International, RDA Murraylands and Riverland, Shahin Enterprises, Local Government Association of SA, Education Adelaide, The Population Institute of Australia, The Urban Development Institute of Australia, The Property Council SA, BDO Australia. Report prepared by: The South Australian Centre for Economic Studies, University of Adelaide. September 2017
There are many visas that allow you to live and work in Australia temporary or permanent. In this blog, we will discuss 7 common visas that enable you to work in Australia. While there are other visas that also permit work, we will focus on these seven.
Visa Number 1: Working Holiday Visa (Subclass 417 or 462)
The Working Holiday Visa (Subclass 417) or the Work and Holiday Visa (Subclass 462) allows young people (typically aged 18 to 30, or 35 years old for some countries) from eligible countries to travel and work in Australia for up to 12 months, with the option to extend for another year under certain conditions.
With this visa, you can do any kind of work, anywhere in Australia. Usually, you can only work for the same employer for 6 months, although some exemptions apply.
The Working Holiday Visa is ideal for those looking to fund their travels while gaining work experience. Working Holiday holders could be eligible to apply for a second or third Working Holiday visa and stay for up to 3 years in Australia.
Visa Number 2: Employer-Sponsored Visa (482, 494, or the new Skills in Demand Visa)
Employer-sponsored visas allow employers to sponsor international skilled workers to fill positions that cannot be filled by local talent. The visa can be granted for up to 5 years, depending on the occupation and the specific visa that the applicant is applying for.
To apply for one of the employer-sponsored visas, such as 482 visa, 494 visa, or Skills in Demand Visa, you must have a business to sponsor you and meet some other requirements.
The employer-sponsored visa can potentially lead to permanent residency.
This visa is designed for individuals who want to participate in workplace-based training to improve their skills for their current occupation or field of study. This visa can be granted for up to 2 years, allowing you to work and live in Australia.
The Training Visa requires sponsorship by an Australian organization and doesn’t lead to permanent residency; it is just a temporary work visa.
Visa Number 4: Student Visa (Subclass 500)
While primarily intended for studying in Australia, the Student Visa allows holders to work part-time while studying. Students can work up to 48 hours per fortnight during the academic term and unlimited hours during breaks.
This visa is valid for the duration of the course.
Visa Number 5: Employer Nomination Scheme (Subclass 186)
The 186 visa is a permanent residency visa for skilled workers who are nominated by their employer.
Visa Number 6: Temporary Activity Visa (Subclass 408)
The Temporary Activity Visa (Subclass 408) allows individuals to come to Australia to participate in specific activities, such as cultural or social events, sports, or special projects.
It can also include work rights in certain situations, depending on the activity.
Visa Number 7: Temporary Graduate Visa (Subclass 485)
The Graduate Visa (Subclass 485) is for international students who have recently graduated from an Australian institution. It allows them to work in Australia full-time to gain practical experience in their field of study.
You can apply for the Graduate Visa if you are 35 years old or under. Exceptions apply.
What Australian work visa is for you?
If you want to know whether you can apply for one of these visas or any other visa that allows you to work in Australia, please book an appointment with us. We will discuss your situation to determine which visas you may be eligible to apply for.
From 7 December 2024, all occupations on the Core Skills Occupation List (CSOL) are now eligible to apply for the 186 Visa Direct Entry. This means that the Core Skills Occupation List has replaced the Medium and Long Term Occupation List, and all occupations on the CSOL can now apply for the 186 Visa Direct Entry.
This is a permanent visa that allows you to stay in Australia indefinitely, meaning you become a permanent resident on the day the visa is granted. The 186 Direct Entry stream is available for applicants who:
Have at least 3 years of relevant work experience, unless exempt.
Have a positive skills assessment, unless exempt.
Have at least competent English.
Are under 45 years old unless exemptions apply.
If your occupation is on the Core Skills Occupation List (CSOL) and an Australian employer wants to sponsor you, the 186 Direct Entry stream may be the best option for you, as it allows for quicker permanent residency without needing to apply for the 482 Visa first and then transitioning through the Temporary Residence Transition stream. The 186 Direct Entry is a direct path to permanent residency.
This stream is only applicable if you are sponsored by an employer through a tailored and negotiated labour agreement.
The age, skills, and English requirements will be stated in the labour agreement, so some requirements will depend on the specific agreement you are applying under.
For all three streams, you can include family members in your application when you apply or before your visa is granted.
Once your 186 visa is granted in one of the 3 streams, you can:
If you need assistance with your visa application or would like to explore your visa options, please book an appointment.
Our office is located in Adelaide, South Australia, but we also offer online appointments, assisting people in other cities across Australia and in countries around the world.
