Overcoming Caveats on Occupations for 457 visa and 186 visa (direct entry stream)

Posted on October 18, 2017 by Benson Shi

Overcoming caveats on occupations can be extremely challenging, especially for small businesses and those in the hospitality industry. Earlier this year, in April and in June, the Department of Immigration and Border Protection (the Department) put in place caveats on certain occupations, which effectively restrict their usage in skilled visa programs such as the subclass 457 visa as well as the 186 visa under the Direct Entry stream.

Caveated Occupations now include:

The caveats placed on the above occupations range from requiring the visa applicant to demonstrate two (2) years of work experience in that occupation (e.g. Graphic Designer), to restricting the occupation to certain regions of Australia, which are classified as regional (e.g. Sheep farmer, Aeroplane Pilot, Fitness Centre Manager). The caveats were also used to place restrictions on companies seeking to hire overseas workers, that is, they can require the company to have an annual turnover of more than AUD$1 Million (e.g. Marketing Specialist, Customer Service Manager), or stipulate that the company requires a minimum staff size before being able to sponsor the visa applicant (e.g. Accountant, Hair/Beauty Salon Manager).

Failing to understand the implications of these caveats may have a significant impact on your visa application and result in avoidable visa refusal. Companies looking to hire overseas workers in the above occupations risk having their sponsorship or nomination applications refused unless they have addressed the caveat requirements.

Immigration Solutions Lawyers (ISL) have a highly skilled Corporate Immigration Stream who are experienced in handling corporate clients from diverse backgrounds, and have a thorough understanding of the recent legislative changes – that is, the caveats and how they may impact your application.

The corporate team specialises in helping clients find solutions to their migration problems, including providing advice on how best to approach a caveated occupations. ISL works with both employers and employees to find a pathway that is mutually beneficial for both parties and will meet Departmental requirements.

If you would like guidance or assistance with your visa application or migration pathway, please contact the office for a consultation today.