482/494 visas: PMSOL for priority processing and travel exemptions; stronger labour market testing

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The Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs announced today, in a joint media release, the creation of a Priority Migration Skilled Occupation List (PMSOL). This unique occupation list is designed to assist Australia’s health and economic response to the coronavirus pandemic, consisting primarily of health, IT and construction professions, will receive priority processing and travel exemptions to enter Australia if overseas at the time of visa grant. Additionally, for all nomination applications lodged 28 days from tomorrow for Subclass 457 - Temporary Work (Skilled), Subclass 482 – Temporary Skill Shortage visas and Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visas, an additional job advertisement on the government’s own Jobactive website is mandatory to meet the labour market testing (LMT) requirements unless otherwise exempt.

Priority Migration Skilled Occupation List

The rules for travel exemptions for individuals in critical sectors or with critical skills to enter Australia continue to be revised since Australia’s international border was all but shut on 20 March 2020. Recently, those providing critical skills in religious or theology were added to the travel exemptions list.

What is considered critical to Australia’s health and economic response to COVID-19 has been loosely defined by industry and circumstance. It is still discretionary for the Commission of the Australian Border Force to grant individual exemptions to travel to Australia for those in deemed critical sectors, or who maintain the supply of essential goods and services. These services and industries include:

  • Medical services,

  • Medical technology,

  • Infrastructure and telecommunications,

  • Engineering and mining,

  • Supply chain logistics,

  • Agriculture, primary industry, food production,

  • Maritime activities, and

  • Religion and theology.

There are also national interest exemptions, and those travelling at the invitation of either the federal or state or territory governments.

Today’s announcement of a Priority Migration Skilled Occupation List (PMSOL) gives sponsoring employers and visa applicants more certainty of the likelihood of receiving a travel exemption should a visa be granted to an applicant outside of Australia.

The PMSOL consists of an initial 17 occupations, dominated by medical professionals, followed by IT and construction.

111111 Chief Executive or Managing Director

133111 Construction Project Manager

233512 Mechanical Engineer

253111 General Practitioner

253112 Resident Medical Officer

253411 Psychiatrist

253999 Medical Practitioner nec

254111 Midwife

254412 Registered Nurse (Aged Care)

254415 Registered Nurse (Critical Care and Emergency)

254418 Registered Nurse (Medical)

254422 Registered Nurse (Mental Health)

254423 Registered Nurse (Perioperative)

254499 Registered Nurses nec

261312 Developer Programmer

261313 Software Engineer

312911 Maintenance Planner

Given this, existing 482 or 494 visa holders nominated on PMSOL occupations are likely to be granted travel exemptions.

These occupations lend weight to the suspicion that similar occupations were given priority for invitations for Subclass 189 - Skilled – Independent visas and Subclass 491 – Skilled Work Regional (Provisional) visas sponsored by an eligible relative when the Department of Home Affairs implemented “targeted” invitation rounds in May and June 2020.

The PMSOL is unlikely to formally be a new “sub-list” on the relevant occupation lists like the Medium and Long‑term Strategic Skills List (MLTSSL), Short‑term Skilled Occupation List (STSOL), and Regional Occupation List (ROL) for employer sponsored visas. Instead, it is possible that a new Ministerial Direction will replace the existing Direction no. 86 - Order of Consideration — Certain Skilled Migration Visas to prioritise nominations and visa applications in these occupations.

These benefits come with the catch that as with returning Australian citizens and permanent residents, these visa holders will be required to undergo 14 days of hotel quarantine at their (or possibly their employer’s) expense when they arrive.

Labour market testing requirements for 457, 482 and 494 visas

In the same announcement, labour market testing requirements have been strengthened for all 457, 482 or 494 nomination applications, regardless of occupation. A further advertisement of the position will be needed on the government’s own Jobactive website.

The amending instrument, which will come into effect tomorrow, will see changes to the existing labour market testing requirements to add that the nominated position must be advertised on the Employment Department’s Jobactive website, in addition to at least two job ads on a recruitment website with national reach in Australia other than Jobactive, print media or on radio with national reach, or if the sponsor is an accredited sponsor, on their website. The particulars of the advertisements and the necessary duration stay the same.

Importantly, this requirement will apply to any 457, 482 or 494 nomination application lodged after 28 days from tomorrow (3 September 2020), the date the instrument commences. The rationale for this is not to disadvantage applications that have or are undertaking current labour market testing requirements as this may prejudice the immigration status of a visa applicant if it does not comply with the amended instrument. Nominations must be refused if lodged within 4 weeks of any required job advertisements being posted.

Exemptions to labour market testing, such as international trade obligations, select positions or occupations remain unchanged. According to the Department of Home Affairs’ policy, there is no international trade obligation exemption for 494 nominations as Australia’s obligations are discharged under the 482/Temporary Skill Shortage (TSS) visa program.