Certain occupations under the Temporary Skill Shortage (TSS) visa (subclass 482) and Employer Nomination Scheme (ENS) visa (subclass 186) programme are affected by caveats. Caveats tend to apply to these occupations because these occupations are broad and difficult to define and the caveats are there to ensure that the skill level of the applicant is at the level that is appropriate and in shortage of in Australia.
If caveats apply to your nominated occupation then you will have additional requirements that are required to be met. There are no exceptions to the caveats if they apply to your nominated occupation. For example, where the caveat requires the nominated position to be paid annual earnings of AUD$65,000, a nomination cannot be approved where a lower salary is being offered to the nominee. Limited situations do however exist where there is flexibility in terms of how a caveat is interpreted, and these are discussed below.
A further note; the Department of Home Affairs (DOHA) uses “caveat” and “inapplicability condition” interchangeable. Caveats are termed as “inapplicability conditions” in legislative instruments.
Find: The ultimate guide to occupation lists
Find: Legislative instrument – 457 occupation list with caveats
Find: Legislative instrument – 186 occupation list with caveats
International trade obligations
Where the nominated position involves an intra corporate transfer (ICT) to which an international trade obligation (ITO), that position is exempt from other caveats for that occupation. This includes the following occupations:
- Chief Executive or Managing Director (ANZSCO 111111)
- Corporate General Manager (ANZSCO 111211)
- Corporate Services Manager (ANZSCO 132111)
- Sales and Marketing Manager (ANZSCO 131112)
- Supply and Distribution Manager (ANZSCO 133611)
An intra corporate transferee in this context is referring to an individual who is currently working for an overseas business, who is being transferred to work for the same business or their associated entity in Australia.
ITOs apply to overseas businesses that operate in a World Trade Organisation (WTO) country
Turnover and employee number caveats
When an annual turnover or employee number caveat applies to an occupation, the DOHA will consider the following factors:
- There is an overseas business that is starting a business in Australia
- The overseas “parent company” would meet the turnover/employee caveats
- The business sponsor does not meet the turnover and/or employee caveats but meets any other caveats that apply such as salary conditions
- The sponsor has demonstrated that there are special circumstances such as there being a project of particular importance to Australia, economic benefit to Australia, supports innovation agenda, they have support through state/territory/government, or the parent company has a long history of successful business operations
In such circumstances, the sponsor should write a detailed submission on their reasons for which they should still be considered to meet the caveat requirements
Caveats relating to regional location only
The following occupations are only faced with a regional caveat:
- Aeroplane Pilot [231111]
- Agricultural Technician [311111]
- Amusement Centre Manager [149111]
- Caravan Park and Camping Ground Manager [141211]
- Cinema or Theatre Manager [149912]
- Clinical Coder [599915]
- Community Arts Worker [272611]
- Conservation Officer [234311]
- Construction Estimator [312114]
- Dental Hygienist [411211]
- Dental Therapist [411214]
- Driving Instructor [451211]
- Emergency Service Worker [441211]
- Environmental Health Officer [251311]
- Exercise Physiologist [234915]
- First Aid Trainer [451815]
- Fitness Centre Manager [149112]
- Flight Attendant [451711]
- Floor Finisher [332111]
- Flying Instructor [231113]
- Funeral Workers nec [451399]
- Helicopter Pilot [231114]
- Intellectual Property Lawyer [271214]
- Jockey [452413]
- Maintenance Planner [312911]
- Mechanical Engineering Draftsperson [312511]
- Medical Administrator [134211]
- Nurseryperson [362411]
- Operating Theatre Technician [311214]
- Pathology Collector [311216]
- Policy Analyst [224412]
- Post Office Manager [142115]
- Project Builder [133112]
- Regional Education Manager [134412]
- Safety Inspector [312611]
- Sports Centre Manager [149113]
- Surveying or Spatial Science Technician [312116]
- Translator [272413]
- Vehicle Painter [324311]
- Vocational Education Teacher [242211]
- Wine Maker [234213]
- Zookeeper [361114]
For the above the occupations the DOHA will consider the postcode of the location in which the position is in. This is their primary work location and not where a parent company may be based.
Occupation specific caveats
Building and engineering technicians nec [312999]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$90,000.
Financial institution branch manager [149914]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$90,000.
Human resources adviser [223111]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$65,000. The responsibilities of that position cannot majorly include clerical, bookkeeping or accounting clerk tasks. Some work that involves such administrative tasks are acceptable.
Liaison officer [224912]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$65,000. The responsibilities of that position cannot majorly include low skilled tasks such as the administrative duties that surrounding arranging meeting and taking minutes as opposed to establishing and facilitating stakeholder communication between different community groups, organisations and governments.
Market research analyst [225112]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$65,000.
Multimedia designer [232413]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$65,000.
Policy and planning manager [132411]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$90,000.
Procurement manager [133612]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$65,000.
Property manager [612112]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$65,000.
Public relations manager [131114]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$90,000.
Real estate representative [612115]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$65,000.
Ship’s master [231213]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$90,000.
Sports administrator [139915]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that afford an annual salary of at least AUD$90,000.
Workplace relations adviser [223113]
The caveats or additional requirements that need to be met are that the position is located in regional Australia and must be for positions that are of the appropriate skill level; should not involve the responsibility for low skilled tasks
Learn about the caveats that apply to:
- Chef [351311]
- Cook [351411]
- Cafe or Restaurant Manager [141111]
Read: Caveats for Chefs, Cooks, and Cafe and Restaurant Managers
Learn about the caveats that apply to:
- Baker [351111]
- Pastry cook [351112]
- Accountant [221111]
- Customer service manager [149212]
- Marketing specialist [225113]
Read: 457 and ENS Visas: Caveats, The Latest Update (October 2017)
Learn about the caveats that apply to:
- Animal attendants and trainers [361199]
- Chief executive or managing director [111111]
- Corporate general manager [111211]
- Conference and event organiser [149311]
- Corporate service managers [132111]
- Facilities manager [149913]
- Hair of beauty salon manager [142114]
- Hotel or motel manager [141311]
- Management consultant [224711]
- Massage therapist [411611]
- Mechanical engineering technician [315512]
- Recruitment consultant [223112]
- Retail buyer [639211]
- Sales and marketing manager [131112]
- Supply and distribution manager [133611]
- Taxation accountant [221113]
- Technical sales representatives Nec [225499]
- Transport company manager [149413]
- Farmer group
Read: A detailed guide to caveats
Are you unsure if a caveat applies to you and if you meet those additional requirements? Call us today at +61 2 8054 2537 or 0434 890 199, or book an appointment online. Our migration specialists will be able to help you through one of the most important journeys of your life.
