187 DE changes 2018, nomination of non-MLTSSL occupation

[barker]

Hi All, 

Was discussing these changes with a friend last night in regards to the upcoming changes, especially for those who have lodged a 187 DE application and/or nomination under an occupation which is not on the MLTSSL. I was just reading through the PAM3 this morning and from my understanding this guidance (I have attached) basically rules out a nomination approval if your application is not decided by March 2018 and does not appear on the MLTSSL. Keep in mind I'm referring to the Direct Entry stream. 

Just looking for some input from any MA's or people who have information.

Questions:

1) Given the guidance that currently exists on the latest stack as of 7/9, has there been any further advice on the "additional regional occupations" that were promised under this reform?

2) Is lodging a nomination at this stage currently advisable for employers who seek to nominate highly-skilled non-MLTSSL positions (ANZSCO 1)? 

Here is the guidance I refer to, of which the last paragraph is most relevant:

10.3.3 Approvable occupations specified in the latest legislative instrument

For RSMS any occupation with a skill level within ANZSCO skill levels 1 to 3 may be nominated.

Regulation 5.19(4)(h)(i)(A) (ENS Direct Entry stream) and Regulation 5.19(4)(h)(ii)(D) (RSMS Direct Entry stream) provide that the delegate must be satisfied that the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified in a legislative instrument. In practice, this means that:

• when assessing nominations under Regulation 5.19(4)(h)(i)(A) delegates must confirm that the nominated occupation is included on the Medium and Long term Strategic Skills List (MLTSSL) or the Short term Skilled Occupation List (STSOL), which lists occupations that can be approved in relation to permanent employer sponsored nominations under the ENS Direct Entry stream;
• when assessing nominations under Regulation 5.19(4)(h)(ii)(D) delegates must confirm that the nominated occupation is included in the legislative instrument in relation to permanent employer sponsored nominations under the RSMS Direct Entry stream.
• delegates must be satisfied that the tasks of the nominated position effectively align with the tasks for that occupation as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

Important:

• As of 19 April 2017, the legislative instrument referred to above contains two schedules, the MLTSSL, which replaced the former Skilled Occupation List (SOL), and the STSOL which replaced the Consolidated Sponsored Occupation List (CSOL).
• Occupations listed in Schedule 1 (MLTSSL) and Schedule 2 (STSOL) to the instrument are eligible for the PESE ENS Direct Entry stream. A full list of these occupations is available on the Department’s website.
• Some occupations on the list are restricted to certain situations via a caveat - refer to legislative instrument
• The list can change with occupations being removed or added. If the legislative instrument has changed since the application was made, officers should confirm that the nominated occupation is specified in the current legislative instrument. If the nominated occupation is not listed on the current legislative instrument at the time of making the decision, the nomination cannot be approved.

The STSOL and MLTSSL will be updated every six months based on advice from the Department of Employment. Listed caveats will provide additional requirements or exclusions for a number of listed occupations. Since Regulation 5.19 are time of decision requirements, this can mean that an occupation on the STSOL and MLTSSL at the time of lodgement is either no longer on these lists or is further constrained by caveats at time of decision and therefore cannot be approved. In these instances applicants will be afforded the opportunity to withdraw the nomination and associated visa application. The improved agility of the STSOL and MLTSSL to respond to ‘on the ground’ labour market conditions will strengthen the skilled migration programme to react to real-time skill shortages. The STSOL and MLTSSL continues to cover a range of managerial, professional, technical and trade occupations at ANZSCO skill levels 1, 2 and 3.

 

Edited September 16, 2017 by barker
spelling! duh!