Important sponsor visas updates: how to avoid visa rejection due to the new priority occupation list with new legislative requirements.
On September 2, 2020, Deputy Hon Alan Tudge and Senator Hon Michaela Cash announced the introduction of a new priority occupation list and requirements, consolidated within the labor market.
Priority list of qualified immigration professions – PMSOL
The 17 occupations included in the Priority Migration Skilled Occupation List (PMSOL) were identified based on the opinion of the National Skills Commission and in consultation with other relevant Commonwealth agencies. The list will be regularly reviewed to include highly demanded professions in Australia.
The current lists of specialised immigration professions will remain active and applications will still be reviewed, but priority will be given to those visa applications relating to the new priority occupation list (PMSOL list).
The application priority of PMSOL applies only to employer sponsored visa programs (482 TSS, 186, 494 visas). The Seventeen occupations identified in the new priority occupation list are:
- Chief Executive or Managing Director (111111)
- Construction Project Manager (133111)
- Mechanical Engineer (233512)
- General Practitioner (253111)
- Resident Medical Officer (253112)
- Psychiatrist (253411)
- Medical Practitioner nec (253999)
- Midwife (254111)
- Registered Nurse (Aged Care) (254412)
- Registered Nurse (Critical Care and Emergency) (254415)
- Registered Nurse (Medical) (254418)
- Registered Nurse (Mental Health) (254422)
- Registered Nurse (Perioperative) (254423)
- Registered Nurses nec (254499)
- Developer Programmer (261312)
- Software Engineer (261313)
- Maintenance Planner (312911)
Advanced Labor Market Testing
Before being able to submit a nomination for a TSS visa (sub 482 – the so-called sponsor visa), the Department requires the employer to produce documentary evidence that the firm has tried to hire an Australian citizen or permanent resident before offering the work to a non-citizen. This requirement is called LMT – Labor Market Testing.
Under the new legislative instrument LIN 18/036, requirements of the LMT (which are length, modality and evidence of labor market tests) have been improved to ensure that Australian workers have priority over job opportunities in Australia, especially following the economic crisis linked to the pandemic and the rise in the unemployment rate.
As a result, firms that are considering to hire skilled workers from overseas with a 457, 482 or 494 visa (provisional regional sponsored skilled employer), will be required to advertise their vacancies on the Government Website Jobactive and must also show evidence of at least two other advertisements posted in line with existing requirements.
The requirements for labor market testing apply to applications submitted on or after October 1, 2020. The amendment does not affect applications submitted before 1 October 2020 or applications to which alternative proof provisions apply. Applications submitted on or after October 1, 2020, without proof of a Jobactive advertisement that meets all existing LMT requirements, such as those related to position details and duration, will not be approved.
Bare in mind that there are no provisions that allow for the refund of the nomination fee or the withdrawal of the Skilling Australians Fund (SAF) where an appointment is rejected or withdrawn due to non-compliance with the LMT requirement.
Visas 186-187 – Employer Nomination Scheme and Regional Sponsor
Although in the present, there is any specific legislative requirement when submitting a 186-187 visa, the Australian Government is already annoincing that positions for appointing a foreign worker for the visa sponsor (subclass 186 or 187) will also be advertised on Jobactive, to demonstrate the actual need for a foreign worker to occupy this position.
Additionally, to ensure that job opportunities for Australian workers are prioritized, the Department will further review ENS and RSMS applications in relation to Australian workers employed by the company in similar occupations, verifying the following requirements:
- Layoffs and job changes occurred in the last 12 months;
- Reduction of hours worked in the 12 months prior to the submission of the request for permanent residence;
- Reduction of wages and salary conditions in the previous 12 months;
- Recruitment of temporary visa holders (student visa, working holiday visa etc.) with less favorable conditions than those offered to Australian citizens;
- Hiring temporary visa holders beyond the normal business purpose, to pay less wages;
Further information is available on the Department’s website. Do not hesitate to contact me on firstname.lastname@example.org or at 0499600707.
Alessia Comandini, MARN 1684766
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