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REGISTERED WITH GOVERNMENT OF
AUSTRALIA CANADA , USA , AND NEW ZEALAND

Resettlement Solution
Registered with Government of AUSTRALIA
CANADA , USA , and NEW ZEALAND

Impact of Changes to Skilled Occupations Lists April 2017


Important amendments made to skilled occupations lists effective 19 April 2017.


These changes affect applicants for:


  1. • Temporary Work (Skilled) Subclass 457 visas
  2. • General Skilled Migration visas
  3. • Permanent Employer Sponsored visas

This article goes through the effect of the changes to the occupations lists.


CSOL Changes


The Consolidated Sponsored Occupations List (CSOL) got replaced by the Short-term Skilled Occupation List (STSOL).


Applicants must have an occupation on the STSOL if applying for:


  1. • Skilled Nominated Subclass 190 visas
  2. • Skilled Regional Provisional Subclass 489 visas (State Nominated)
  3. • Employer Nomination Scheme Subclass 186 visas (Direct Entry)
  4. • Temporary Worker (Skilled) Subclass 457 visas
  5. • Training Subclass 407 visas

STSOL is created after 200 occupations have been removed from the CSOL.


In addition, there are 24 "regional" occupations on the STSOL which are only open for:


  1. • Skilled Regional Provisional Subclass 489 visas (State Nominated)
  2. • Employer Nomination Scheme Subclass 186 visas
  3. • Temporary Worker (Skilled) Subclass 457 visas where the employment is in a regional area as specified for RSMS visas

The regional occupations are ones which would typically only be appropriate to rural areas and are as follows:


  1. • Aquaculture Farmer ANZSCO 121111
  2. • Cotton Grower ANZSCO 121211
  3. • Flower Grower ANZSCO 121212
  4. • Fruit or Nut Grower ANZSCO 121213
  5. • Grain, Oilseed or Pasture Grower (Aus) / Field Crop Grower (NZ) ANZSCO 121214
  6. • Grape Grower ANZSCO 121215
  7. • Mixed Crop Farmer ANZSCO 121216
  8. • Sugar Cane Grower ANZSCO 121217
  9. • Vegetable Grower (Aus) / Market Gardener (NZ) ANZSCO 121221
  10. • Crop Farmers (nec) ANZSCO 121299
  11. • Apiarist ANZSCO 121311
  12. • Beef Cattle Farmer ANZSCO 121312
  13. • Dairy Cattle Farmer ANZSCO 121313
  14. • Horse Breeder ANZSCO 121316
  15. • Mixed Livestock Farmer ANZSCO 121317
  16. • Pig Farmer ANZSCO 121318
  17. • Poultry Farmer ANZSCO 121321
  18. • Sheep Farmer ANZSCO 121322
  19. • Livestock Farmers (nec) ANZSCO 121399
  20. • Mixed Crop & Livestock Farmer ANZSCO 121411
  21. • Production Manager (Forestry) ANZSCO 133511
  22. • Wine Maker ANZSCO 234213
  23. • Agricultural Technician ANZSCO 311111
  24. • Primary Products Inspectors (nec) ANZSCO 311399

SOL Changes


The Skilled Occupations List (SOL) got replaced by the Medium and Long-term Strategic Skills List (MLTSSL).


Applicants must have an occupation on the MLTSSL if applying for:

  1. • Skilled Independent Subclass 189 visas
  2. • Graduate Temporary Subclass 485 visas (Graduate Work Stream)
  3. • Skilled Regional Provisional Subclass 489 visas (Family Sponsored)

The occupations on the MLTSSL are exactly the same as on the SOL. The MLTSSL also forms part of the STSOL which is used for employer sponsored and state nominated visas. There are 16 occupations on the MLTSSL which cannot be used for state nominated and employer sponsored visas i.e.:

  1. • Skilled Nominated Subclass 190 visas
  2. • Skilled Regional Provisional Subclass 489 visas (State Nominated)
  3. • Employer Nomination Scheme Subclass 186 visas (Direct Entry)
  4. • Temporary Worker (Skilled) Subclass 457 visas
  5. • Training Subclass 407 visas

There are some occupations on the MLTSSL but not on the STSOL is certainly unexpected, and we expect these occupations quite possibly being removed from the MLTSSL also from 1st of July.


The 16 occupations on the MLTSSL but not on the STSOL are as follows:


  1. • Project Builder ANZSCO 133112
  2. • Production Manager (Mining) ANZSCO 133513
  3. • Medical Administrator ANZSCO 134211
  4. • Ship's Engineer ANZSCO 231212
  5. • Ship's Master ANZSCO 231213
  6. • Ship's Officer ANZSCO 231214
  7. • Chemical Engineer ANZSCO 233111
  8. • Materials Engineer ANZSCO 233112
  9. • Electronics Engineer ANZSCO 233411
  10. • Industrial Engineer ANZSCO 233511
  11. • Production or Plant Engineer ANZSCO 233513
  12. • Civil Engineering Technician ANZSCO 312212
  13. • Telecommunications Network Planner ANZSCO 313213
  14. • Pressure Welder ANZSCO 322312
  15. • Stonemason ANZSCO 331112
  16. • Electrical Linesworker ANZSCO 342211

Impact on General Skilled Migration


There will be no impact on applications for:


  1. • Skilled Independent Subclass 189 visas
  2. • Graduate Temporary Subclass 485 visas (Graduate Work Stream)
  3. • Skilled Regional Provisional Subclass 489 visas (Family Sponsored)

The MLTSSL is to be revised on 1 July 2017, with some occupations quite possibly being removed.


There will be an impact on state nominated subclass 190 and 489 visas. The list of available occupations is reduced by:


  1. • 16 occupations which are restricted on the MLTSSL as noted above
  2. • 200 occupations dropped from the STSOL
  3. • 24 rural occupations which are no longer available for the subclass 190 visa, but remain available for the 489 provisional visa

As already announced by some states that they will be revising their occupations lists for state nomination to reflect these changes. Those who have received a SkillSelect invitation prior to 19 April, they should not be affected by the change.

Impact on 457 Visas


The list of occupations available for 457 sponsorship has been reduced as follows:


  1. • 16 occupations which are restricted on the MLTSSL
  2. • 200 occupations dropped from the STSOL
  3. • 24 rural occupations which are no longer available unless the employment is in an RSMS postcode

In addition to this, there are now restrictions on certain occupations - referred to as caveats in the legislative instruments.

These restrictions could be as follows:


  1. • Minimum salary for the position
  2. • Size of the business - minimum $1 million turnover and 5 employees
  3. • Restrictions on the type of activities involved in the position
  4. • Restrictions on the activities undertaken by the business

These changes affect any applications which have been lodged but not finalized prior to 19 April, and any applications lodged after this date. There will also be changes to the visa period of 457 visas granted after 19 April. If the occupation is on the shorter MLTSSL, the visa will be valid for 4 years. Otherwise, the visa will be granted for 2 years.

Employer Nomination Scheme (ENS)


There are 2 main streams for the ENS visa:


  1. 1. Temporary Residence Transition Stream: where the applicant has worked in Australia for the nominating employer on a 457 visa for the last 2 years; and
  2. 2. Direct Entry Stream: this option requires one of the following:

      o A skills assessment and 3 years of work experience in the occupation or
      o A base salary of at least $180,000
      o NZ citizen or family member working for the employer in Australia for the last 2 years

The Temporary Residence Transition Stream is left unaffected but affecting the Direct Entry Stream due to changes to the occupations list.

The occupations list for the Direct Entry Stream has been reduced as follows:


  1. • 16 occupations which are restricted on the MLTSSL
  2. • 200 occupations dropped from the STSOL

The changes affect applications lodged on or after 19 April 2017, but not pending applications as far as can be determined.

Regional Sponsored Migration Scheme


The RSMS visa seems to be unaffected as per the changes in the occupation list. A minimum work experience of at least 3 year and a reduction of the upper age limit from 49 to 44, as well as possible changes to the RSMS occupations list would be required in the future.

Conclusion


Changes to Skilled Occupations left a major impact on employer sponsored and state nominated visas immediately.

The skilled independent and permanent employer sponsored changes in future are expected. If you are considering applying for one of these options, we would recommend proceeding without delay to avoid future changes.

The amendments to the occupations list will be extensive and we are still working through the impact of the changes.