Occupations List And Legislative Instrument Conflicts Causing Confusion

Occupations List And Legislative Instrument Conflicts Causing Confusion

Since publishing the updated MLTSSL and STSOL occupations lists on the 1st July, we have had a number of comments from confused readers highlighting a conflict between the occupations listed on our lists (or the lists on the DIBP website) and the legislative instruments which govern the content of the list.

Occupations lists / Legislative Agreements Not matching Up?

Well, it transpires that trying to work out if your occupation qualifies for a certain visa type has become a whole lot more complicated as there are now a number of legislative agreements for different visa programmes instead of a couple of legislative agreement summarising the whole list of occupations that might qualify for an Australian Visa.

Variants of the Australian Occupations Lists

While previously there were only two skilled occupation lists being used across the migration programme, we now have a total of SEVEN skilled occupation lists referenced within the same number of legislative instruments as points of reference.

The key point to note is that some occupations are available for one visa but not necessarily for another because the legislative agreements that govern the use of these visas are different, (although the occupations lists that support these visa types share the same name – MLTSSL and STSOL)

Variations to the Australian Occupations Lists

With reference to skilled occupation lists for the Australia migration programme, we now have the following variants of occupation lists:

– MLTSSL for the Subclass 189 Skilled Independent Visa, Subclass 489 Skilled Regional Sponsored (Relative) Visa and Subclass 485 Temporary Graduate Visa under the General Skilled Migration programme

– MLTSSL for the Subclass 457 Temporary Work (Skilled) Visa and the Subclass 186 Employer Nomination Scheme (ENS) Visa Direct Entry Stream

– STSOL for the Subclass 457 Temporary Work (Skilled) Visa and the Subclass 186 Employer Nomination Scheme (ENS) Visa Direct Entry Stream

– MLTSSL for the Subclass 407 Training Visa – Nomination eligibility type 2

– STSOL for the Subclass 407 Training Visa – Nomination eligibility type 2

There is also a separate occupation list for the Subclass 187 Regional Sponsored Migration Scheme (RSMS) visa.

Checking if your occupation qualifies for the visa you are applying for

The best source of reference is the respective legislative instruments which list the table of occupations appropriate for the respective visa programmes.

They are listed below for easy reference:

Subclass 189 Skilled Independent Visa, Subclass 190 Skilled Nominated Visa, Subclass 489 Skilled Regional Sponsored Visa and Subclass 485 Temporary Graduate Visa applications, refer to Migration (IMMI 17/072: Specification of Occupations and Assessing Authorities) Instrument 2017.

457 Temporary Work (Skilled) Visa applications refer to Migration (IMMI 17/060: Specification of Occupations—Subclass 457 Visa) Instrument 2017.

Subclass 186 Employer Nomination Scheme (ENS) Visa Direct Entry Stream applications refer to Migration (IMMI 17/080: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2017 and Migration Regulations 1994 – Specification of Class of Persons 2015 – IMMI 15/109.

Subclass 187 Regional Sponsored Migration Scheme (RSMS) Visa applications refer to Migration (IMMI 17/058: Occupations for Subclass 187 visas; Skill, Age and English language requirements for Subclass 186 and Subclass 187 visas) Instrument 2017.

Subclass 407 Training Visa applications with Nomination eligibility type 2, refer to Migration (IMMI 17/071: Specification of Occupations—Subclass 407 Visa) Instrument 2017.

If you are in doubt, seek the advice of a Registered Migration Agent to understand your situation better. A detailed reading of the legislative instruments also indicates the application of caveats for the subclass 186 ENS Direct Entry visa application.

Note this information is accurate as of 23 July 2017



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    melbinMarkPradeepDonna DebenedictisAmad Recent comment authors
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    melbin
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    Hi Thanks for sharing the information

    Pradeep
    Guest
    Pradeep

    Thanks Mark for an excellent insight through your article. I needed a clarification though, regarding occupations (Column 1) of the MLTSSL. Say for example, Engineering Manager (133211). Where do I find the detailed breakdown of what are all the responsibilities expected to have been handled by an Engineering Manager? Does such a document exist for MLTSSL and STSOL? If so, please share.
    Thanks

    Donna Debenedictis
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    Donna Debenedictis

    Hi Mark, My husband and I have just returned from Australia, and are seriously considering our options to move to Australia. Our situation is that my husband has three children all of which are in Adelaide and Melbounre and two of which are Australian citizens.(they are all between the ages of 22 to 28) My husband is a sheet metal worker and welder and is approaching 54 this year, I am a senior recruitment consultant and will be 48 this year. And help or advice you could give us in the likeliness of us potentially emirgrating and how we could… Read more »

    Amad
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    Amad

    Very clear and helpful, Thank you Mark..