Immigration Matters | Changes to skilled occupation lists – effective 10 March 2019

The Department of Home Affairs released a range of new Legislative Instruments last week confirming changes to the occupations eligible for nomination under a range of employer sponsored visa programs (including the TSS and ENS) as well as the independent General Skilled Migration program.

As part of broader reforms to Australia’s skilled migration framework implemented over the course of the last two years, the period of stay available to an individual under the employer sponsored temporary visa is now ultimately determined by which list their occupation is included on.  The inclusion on a particular occupation list will also impact on a skilled visa holder’s option to later transition to permanent residence status.

Under the current framework, the Department of Jobs and Small Business conducts a twice yearly review of each program list as a way of ensuring these skilled visa programs are adequately responding to shifts in labour market requirements in both metropolitan and regional areas.     Depending on feedback and submissions received from other agencies, industry and business, the review outcome may see occupations added, removed or moved between the following lists:

• Short Term Skills Occupation List (STSOL) – these occupations generally only allow for a temporary stay
• Medium Long Term Strategic Skills List (MLTSSL) – these occupations will allow for a temporary and/or permanent stay
• Regional Occupations List (ROL) – these occupations will also allow for a temporary and/or permanent stay

The addition of 36 new occupations across the various Medium-Long Term Strategic Skills lists may represent one of the biggest amendments since the introduction of these separate lists and confirms the Government has the ability to respond to shifting labour market needs.  In what is no doubt welcome news for the recruitment industry, the TSS program has also seen a change in the salary caveat applied to the occupation of Recruitment Consultant, which now requires minimum annual earnings of $80,000, reduced from the previous minimum of $90,000.

While the inclusion of new occupations on both the MLTSSL and ROL is good news, we believe there are still a number of job creating occupations which should be moved from the STSOL to the MLTSSL in future reviews, including but not being limited to the occupations of

Sales & Marketing Managers, Recruitment Consultants and Specialist Managers not elsewhere classified.

If your business or industry has been experiencing difficulty in attracting skilled individuals from overseas due to the exclusion of a particular occupation from the MLTSSL, we can assist in lobbying the Department of Jobs and Small Business to consider changing the status of these.  You could also consider seeking approval under the Global Talent Scheme while this remains open, subject to your business and the position meeting all eligibility characteristics.

We have provided a summary of the changes by visa subclass below and this confirms that regional employers and independent skilled migrants will be the main beneficiaries from this latest review, with agricultural and science based occupations being the main additions.

Visas for General Practitioners (GPs) initiative

From 11 March, a new “Visas for GPs” initiative has come into effect as a way of regulating the number of doctors entering Australia via the skilled migration program.   From this date employers nominating a doctor to work in one of the following occupations will require a Health Workforce Certificate:

• General Practitioner;
• Resident Medical Officer; and
• Medical Practitioners not elsewhere classified.

The initiative is expected to help ensure doctors are moving into rural, remote and regional areas where access to health services has traditionally been difficult, and will also see a reduction of approximately 200 doctors per year entering the primary healthcare workforce through the skilled visa programs.

Summary of occupation lists changes – by visa subclass

Need to know more?

If you would like to discuss any of the above changes or have a separate immigration query, please reach out to:

• Email queries: hello@mapien.com.au
• Telephone queries: Sarah Pettit, Principal – +61 8 9485 4200