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New Priority Migration Skilled Occupation List and Additional Labour Market Testing Requirements Released

September 3, 2020

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  • AustraliaAustralia

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At a Glance

  • The Australian government has released a new Priority Migration Skilled Occupation List (PMSOL) which provides for priority processing of Temporary Skill Shortage (TSS) visa applications for certain critical workers in the health care, construction, and information technology sectors.
  • Visa applications sponsored for PMSOL occupations will be processed ahead of all other TSS, Skilled Employer Sponsored Regional (subclass 494), Employer Nomination Scheme (subclass 186), and Regional Sponsored Migration Scheme (subclass 187) visa applications.
  • Additionally, effective October 1, 2020, additional Labour Market Testing requirements will apply to TSS or subclass 494 Skilled Employer Sponsored Regional (Provisional) nominations, and employers will also be required to advertise their vacancy on a government website in addition to the existing advertising requirements.

The situation

The Australian government has released a new Priority Migration Skilled Occupation List (PMSOL) to allow expedited processing of certain critical employees, and will be adding to the labor market testing requirements for certain visa types.

A closer look

CHANGE  DETAILS  IMPACT 

PMSOL introduced, providing priority processing. The relevant ministerial instrument that effectuates these expedited processing arrangements has been released.

The PMSOL is comprised of the following 17 occupations:

  • Chief Executive or Managing Director

  • Construction Project Manager

  • Mechanical Engineer

  • General Practitioner

  • Resident Medical Officer

  • Psychiatrist

  • Medical Practitioner

  • Midwife

  • Registered Nurse (Aged Care)

  • Registered Nurse (Critical Care and Emergency)

  • Registered Nurse (Medical)

  • Registered Nurse (Mental Health)

  • Registered Nurse (Perioperative)

  • Registered Nurses

  • Developer Programmer

  • Software Engineer 

  • The new list expedites the processing of Temporary Skill Shortage (TSS) visa applications for certain critical workers in the health care, construction, and information technology sectors ahead of all other TSS visa, Skilled Employer Sponsored Regional (subclass 494), Employer Nomination Scheme (subclass 186), and Regional Sponsored Migration Scheme (subclass 187) visa applications.

  • Employers of foreign workers in Australia may expect delays in the processing of their employees’ work visas if their occupations are not in the PMSOL.

  • Employers will need to regularly review and follow updates to the PMSOL to ensure that they are aware of whether the occupation for which their employee is applying will be expedited.

New labor market testing requirements. This change will be effective October 1.

Employers of TSS and subclass 494 Skilled Employer Sponsored Regional (Provisional) employees will need to advertise their vacancy on the government’s Jobactive website for at least 28 days, in addition to the existing requirements of two national advertisements. These can be run simultaneously.

The labor market testing process will be more burdensome for affected positions.

 

Background

  • Regular review of the PMSOL. The new PMSOL, which will be reviewed regularly, was compiled based on advice from the newly-established National Skills Commission and consultation with relevant agencies.
  • Response to the effects of COVID-19. The listed occupations in the health care, construction, and information technology sectors are expected to strengthen both Australia’s health and economic response to the effects of COVID-19, which follows the analysis of the recent changes to the internet vacancy index, changes in employment, and longer-term stability in the labour market for certain occupations.

 

Looking ahead

The new PMSOL and additional labour market testing requirements are part of the government’s continuing effort to balance addressing urgent skills needs in critical sectors while protecting the Australian labour market. It is likely that the occupations in the list will continue to change as Australia recovers from the effects of COVID-19 as the government deems necessary.

For up-to-date information on COVID-19-related travel bans, restrictions and concessions, among other information, check Fragomen’s dedicated website.

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  [email protected].

MARN: 0004980

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  • AustraliaAustralia

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