Important update for Employer Sponsors

Update: 7 September 2020

Two new Ministerial Directions have been effected that provide clarity on how the new Priority Migration Skilled Occupations List (‘PMSOL’) will be administered by decision-makers.

Direction 87 applies to a range of applications that include a nomination as part of the process, including applications for Distinguished Talent visas, Subclass 188 (Business Innovation and Investment) visas, Subclass 189 (Skilled – Independent – Points-tested Stream) visas, Subclass 190 (Skilled – Nominated) visas, Subclass 489 (Skilled – Regional (Provisional)) visas, Subclass 491 (Skilled Work Regional (Provisional)) visas, Subclass 494 (Employer-Sponsored Regional (Provisional) visas and applications made under the Employer Nomination Scheme and Regional Sponsored Migration Scheme.

According to Direction 87, nominations are prioritised as follows:

1. Nominations relating to PMSOL occupations, nominations lodged in relation to a Global Talent Employer Sponsored Agreement and nominations relating to a sc188 (Significant Investor) visa
2. Nominations for an occupation within a Critical Sector
3. Nominations relating to an Employer Sponsored visa or a Regional Sponsored visa for an employer who is party to a labour agreement under a Designated Area Migration Agreement (‘DAMA’)
4. Nominations relating to a sc494 visa (within this category, priority is afforded to Accredited Sponsors and other parties to a labour agreement that isn’t covered by an earlier priority)
5. All other nominations lodged in relation to an Employer Sponsored visa (within this category, priority is afforded to Accredited Sponsors and other parties to a labour agreement that isn’t covered by an earlier priority)
6. Nominations lodged in relation to a sc187 visa (within this category, priority is afforded to Accredited Sponsors)
7. All other nominations

For categories 3 – 7 above, priority is given to onshore nominations ahead of offshore nominations.

Direction 87 also states that visa applications are prioritised as follows:

1. Employer Sponsored or Regional Sponsored visa applicants who have PMSOL occupations, visa applicants nominated by an employer who is party to a Global Talent Employer Sponsored Agreement, visa applicants identified through the Global Talent Programme, sc188 visa applicants in the Significant Investor stream and all other sc188 visa applicants
2. Visa applicants with an occupation within a Critical Sector
3. Employer Sponsored visa applicants or Regional Sponsored visa applicants who are nominated by an employer who is party to a labour agreement under a DAMA
4. sc494 visa applicants (within this category, priority is afforded to Accredited Sponsors and other parties to a labour agreement that isn’t covered by an earlier priority)
5. sc491 visa applicants
6. All other applicants for an Employer Sponsored visa (within this category, priority is afforded to Accredited Sponsors and other parties to a labour agreement that isn’t covered by an earlier priority)
7. sc187 visa applicants (within this category, priority is afforded to Accredited Sponsors)
8. sc489 visa applicants
9. sc190 visa applicants
10. sc189 visa applicants
11. All other visa applicants

For categories 3 – 7 above, priority is given to onshore applications ahead of offshore applications.

Separately, for the Temporary Skills Shortage (‘TSS’) visa programme, Direction 88 provides for prioritising nominations as follows:

1. Nominations relating to PMSOL occupations, nominations lodged in relation to a Global Talent Employer Sponsored Agreement
2. Nominations relating to an occupation within a Critical Sector
3. Nominations lodged in relation to an occupation to be carried out in regional Australia (within this category, priority is afforded to nominations lodged by a party to a labour agreement made under a DAMA, nominations lodged by Accredited Sponsors and other nominations lodged by a party to a labour agreement not made under a DAMA)
4. Other nominations made by Accredited Sponsors
5. Other nominations lodged by a party to a labour agreement
6. All other TSS nominations, including those relating to existing subclass 457 visa holders

For categories 3 – 7 above, priority is given to onshore nominations ahead of offshore nominations.

Direction 88 also provides for prioritising visa applications as follows:

1. Visa applicants with a PMSOL occupation, visa applications lodged in relation to a Global Talent Employer Sponsored Agreement and all applications identified through the Global Talent programme
2. Visa applicants who have an occupation within a Critical Sector
3. Visa applications where the associated nomination is for an occupation to be carried out in regional Australia (within this category, priority is afforded to nominations lodged by a party to a labour agreement made under a DAMA, visa applicants nominated by an Accredited Sponsor and all other visa applicants applying for a visa in the Labour Agreement stream)
4. Other visa applications where the nominating employer is an Accredited Sponsor
5. Other visa applications made under the terms of a labour agreement made under a DAMA
6. All other visa applicants applying for a TSS visa in the Labour Agreement stream
7. All other TSS nominations, including those relating to existing subclass 457 visa holders

For categories 3 – 7 above, priority is given to onshore applications ahead of offshore applications.

Contact us for more information on how these new Directons may affect you or your business.

---

Original post: 2 September 2020

This morning, Minister Tudge announced a new Priority Migration Skilled Occupations List (‘PMSOL’) that will allow visa holders who have been sponsored by an Australia business in a PMSOL occupation to be exempt from Australia’s travel restrictions (note that mandatory quarantine requirements will still apply). This is intended to assist with filling urgent skill needs in critical sectors, which will have an overall benefit for the Australian economy.

The 17 occupations on the PMSOL 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)

The PMSOL is at this stage the subject of a media release only. We will have more clarity on its operation when the relevant legislation is released.

In addition to this, legislation released today confirms that in addition to current labour market testing requirements, an additional (i.e. a third) advertisement must also be placed on the government’s JobActive website. This legislation does not take effect immediately, and has been introduced to ensure that appropriately skilled Australian jobseekers are given work opportunities before overseas workers.

If you are considering nominating an individual for a TSS visa in the near future, contact us to see how these changes affect you.

*This is general information only, as at the date of publication, and should not be interpreted as legal advice. For an accurate and current assessment of your circumstances and visa options, please contact us to receive this advice.