Skilled Occupation Lists to Change; May Affect Eligibility for Certain Visas

The situation

The Australian Department of Employment, Skills, Small and Family Business has released a bulletin identifying the list of occupations that are under consideration for a change in status on the Short-term Skilled Occupation List (STSOL), Medium and Long-Term Strategic Skills List (MLTSSL) and Regional Occupation List (ROL), which are lists used to determine eligibility for Australia’s skilled visa programs.

A closer look

Highlights of possible changes set out in the bulletin include:

• Move of Geologist category. The Geologist category would move from the STSOL to the ROL – a recognition by the Department that the shortages in industries such as resources and oil and gas, which are primarily located in regional areas, are facing a real shortage of skilled labour in this category.
• Move of Sales and Marketing Manager categories. The Sales and Marketing Manager categories would move from the STSOL to the MLTSSL, with a salary requirement of at least AUD 120,000 per year. This will improve the ability to attract and retain highly specialised Sales and Marketing Managers.
• Move of data-related categories. New and emerging occupations such as Blockchain Manager and Data Scientists, by identifying the appropriate Australian and New Zealand Standard Classification of Occupations (ANZSCO) occupations (Information and Communications Technology Project Manager and Information and Organisation Professionals respectively) to move to the MLTSSL with a salary requirement of at least AUD 90,000.
• Move of care categories. Aged or Disabled Carer, Nursing Support Worker and Personal Care Assistant, previously off-list, to be added to the STSOL in recognition of the growing need for labour in the aged care sector.

Impact

Following the government’s review of the proposed changes, the addition, removal or movement of occupations between these lists impacts employers’ ability to utilise the employer-based temporary and permanent visa programs.

Specifically as it relates to the Temporary Skill Shortage (TSS) visa program, occupations that are moved to the STSOL are subject to more restrictive grant periods, and importantly, do not provide visa holders with a pathway to permanent residency.

Background

The publication of the bulletin is the most recent step in the review of the Skilled Migration Occupation lists that was announced in September 2019.

During the review, Fragomen worked with clients to identify the occupations where there is the greatest need for a positive change.  A number of occupations were put forward to the Department as part of the consultation process, including Mechanical Engineering Technician, Geologist, Sales and Marketing Manager, Retail Buyer as well as emerging roles associated with Data Science and Data Analysis.

Further, Fragomen provided written submissions that presented empirical data and evidence to support claims of skills shortages in the relevant occupations. A number of those occupations have now been flagged in the bulletin.

Looking ahead

The Department will review the Skilled Migration Occupation Lists to ensure they are responsive to the skills needs across Australia. A formal submission period for commentary on the lists will open February 2020.

Those interested in learning more about the Review of the Skilled Migration Occupation Lists and how Fragomen can advocate for outcomes to support specific business needs should contact their Fragomen immigration professional, or Justin Gibbs, Director of Government Relations APAC, at GovernmentRelationsAU@fragomen.com.

The new Skilled Migration Occupation Lists are expected to be released in March 2020. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to GovernmentRelationsAU@fragomen.com.

MARN: 1798314