Important Updates
Important Updates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
December 18, 2025 | 🌐Middle East: Deadlines Announced for Employers to Update Registered Employees' Salary Details
December 18, 2025 | 🌐Minimum Salary Changes Announced
December 18, 2025 | QatarQatar: Hayya GCC Residents Visa Updated with Extended Stays and Multiple-Entry Access
December 18, 2025 | United Arab EmiratesUnited Arab Emirates: Certain 'Scientists and Specialists' Golden Visa Applications in Dubai Now Require Equivalency Certificates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
December 18, 2025 | 🌐Middle East: Deadlines Announced for Employers to Update Registered Employees' Salary Details
December 18, 2025 | 🌐Minimum Salary Changes Announced
December 18, 2025 | QatarQatar: Hayya GCC Residents Visa Updated with Extended Stays and Multiple-Entry Access
December 18, 2025 | United Arab EmiratesUnited Arab Emirates: Certain 'Scientists and Specialists' Golden Visa Applications in Dubai Now Require Equivalency Certificates
December 18, 2025 | United KingdomUnited Kingdom: Rejoining EU Student Exchange Program
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Australian Immigration Reforms: What This Means for Oil and Gas

April 28, 2017

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Related content

  • Australian Immigration: New Skills in Demand Visa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Related content

  • Australian Immigration: New Skills in Demand Visa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Related content

  • Australian Immigration: New Skills in Demand Visa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn
Changes to the occupation lists will have a significant impact on the use of overseas employees in the Oil and Gas sector. Notable among the removed occupations are:
 
  • Petroleum Engineers
  • Drillers
  • Gas or Petroleum Operators
 
There are a number of other occupations relevant to the industry which have also been removed:
 
  • Chemical Engineer                              
  • Civil Engineering Technician
  • Electronics Engineer
  • Geophysicist   
  • Helicopter Pilot                        
  • Hydrogeologist
  • Maintenance Planner
  • Materials Engineer
  • Pressure Welder
  • Procurement Manager
  • Production Manager (Mining)
  • Production or Plant Engineer
  • Safety Inspector
  • Ships Engineer
 
Statistics held  by the Department of Immigration and Border Protection (Department) show that the numbers of new 457 visa grants to Petroleum Engineers , Drillers and Gas or Petroleum Operators has decreased in recent years relative to those who arrived during the resources boom, when projects that are now in production mode were in their exploration and then construction phases. Nonetheless, Petroleum Engineers and Drillers constitute one of the largest cohorts of 457 visa holders affected by the list change.
 
Use of 457 visas in the Oil and Gas sector
 
The Oil and Gas sector has historically utilised subclass 457 visa holders in a number of ways, but we touch on two below. This was particularly relevant where there was significant global demand to meet large scale project delivery deadlines in multiple countries.
 
Companies with worldwide operations – including large Australian players in this sector – have seen their global workforce as one pool, rather than being siloed country by country. Skilled workers are moved around the world on assignments to different projects as those projects demand. The pattern of engagement of overseas workers is by intra-corporate transfer from, and then to, another of the company’s overseas sites.  Australians working for such companies also move around the world as part of this resource planning strategy.
 
The other pattern of use is linked to the project-based nature of works in the sector. Projects often need a high number of people all in the same occupation (for example, 300 drillers) but only for a relatively short time (for example, six months). This type of engagement in remote locations can present challenges for attracting sufficient Australian workers. Of course economic conditions have changed considerably since the height of the resources boom and many roles can be filled by local workers, who are more willing to work away from their home location.  It remains to be seen whether the domestic skills base is sufficient for project needs as other FLNG opportunities progress, as well as subsea developments and unconventional gas to LNG collaborations.
 
The Oil and Gas industry under scrutiny historically – has this also prompted changes?
 
There has been continued legal battles over foreign workers in offshore resources worksites since 2012. At present, all foreigners ‘in Australia’ require a visa to enter and remain  - and one which allows work if that is their intention. Although well out to sea, oil rigs and other facilities attached to the seabed in Australian territorial waters  are deemed to be ‘in Australia’ for migration purposes, requiring foreign workers on those installations to hold an appropriate work visa. The legal issue put forward by the Australian Maritime Workers’ Union was whether resources facilities that are floating, rather than fixed to the Australian seabed, should also be considered ‘in Australia’ for migration purposes (the High Court of Australia seems to have settled this in the affirmative, at least for now).
 
The sector has therefore been a focus of national conversation about the extent of use of subclass 457 visa holders. This attention itself was perhaps enough for the core occupations in this sector to be implicated in any sweeping reform of Australia’s work visa programs.
 
Labour Agreements
 
The decision to remove Oil and Gas occupations from the 457 program suggests that the government is looking to manage future genuine demands for these skills by way of the Labour Agreement program. Labour Agreements allow businesses to sponsor occupations which are not eligible for a subclass 457 visa in the standard program. Labour Agreements can also be negotiated to provide for permanent residency transition.
 
In recent years, we have seen an increase in Labour Agreements approved for on-hire companies that supply labour to Oil and Gas. The Department intends to honour any existing Agreements, even where they cover occupations that have been removed from the standard 457 program. These Agreements, which may be valid for up to another three years, will become a critical source of Oil and Gas professionals. Holders of these Agreements are able to renegotiate their annual quotas with the Department, based on a demonstration of genuine need in the industry.
 
Labour Agreements also provide a pathway for Oil and Gas companies to sponsor and employ these occupations directly. The Department has been prepared to approve such Agreements where the occupations and numbers requested are linked to a large scale project with a demonstrated need for certain skills that are in shortage.
 
Options for Oil and Gas
 
The government has indicated that the MLTSSL and STSOL will be reviewed and amended in July 2017. This presents an opportunity for companies in this sector to demonstrate to the Department that there is a genuine skills shortage that cannot be filled solely with domestic workers.
 
Companies directly impacted by the removed occupations should review their current 457 population to consider whether any current employees affected by the changes are able to apply for permanent residency. Consideration should also be given to negotiating a Labour Agreement with the Minister to allow access to removed occupations in the 457 and employer sponsored permanent residency programs, bearing in mind that this process can take several months to finalise.
 
In the meantime, labour on-hire firms with access to removed occupations will be an important resource for this sector.
 
Forthcoming large scale Oil and Gas projects will challenge both the Australian labour market’s capacity to provide the required skills in the numbers needed, and Oil and Gas companies’ ability to supplement its Australian workforce with overseas workers to meet project demands. It appears that for now at least, the government will be requiring Oil and Gas to pass the more stringent criteria of Labour Agreement negotiation in order to have access to its core occupation categories.

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Related content

  • Australian Immigration: New Skills in Demand Visa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Related content

  • Australian Immigration: New Skills in Demand Visa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Related content

  • Australian Immigration: New Skills in Demand Visa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About US Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About US Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.