The “Traffic Light Bulletin”: What happens when your occupation is removed from a skilled occupation list?

From 19 April 2017 the occupation lists that underpin the employer sponsored program (including Subclass 457 and Subclass 186 visas) as well as those underpinning the skilled migration program (including Subclass 189 and Subclass 190 visas) were significantly condensed from 651 to 435 occupations, with 216 occupations removed and access to 59 other occupations restricted. The Department of Immigration and Border Protection (Department) also announced that the lists will be reviewed every six months from 1 July 2017 by the Department of Employment.

At this stage, it appears that the lists for general skilled migration will not be affected. The skilled occupations lists for general skilled migraiton are due to be updated in July 2018.

The Department of Employment

The Department of Employment is responsible for undertaking a regular review of the Short-term Skilled Occupation List (STSOL) and Medium and Long-term Strategic Skills List (MLTSSL). These occupation lists are used for skilled migration to meet short and medium/long term needs for the Australian economy.

Traffic Light Occupations

Based on the Departments Fact Sheet One the Department is expected to update the occupation lists on 1 January 2017. In accordance, the Department of Employment has proposed the following occupations for removal from the STSOL:

The Department has also proposed the following occupations for addition to the STSOL:

No other changes have been proposed in place for the remaining occupations.

Does this mean that the occupations will be removed / added?

Importantly, the Traffic Lights are released for consultative purposes, and does not guarantee the removal or addition of the affected occupations.

What can you do if your occupation is flagged for removal?

The Department of Employment is commencing public consultation on potential changes to the skilled migration occupation lists. If you would like to be involved in the consultation process, please contact Hannan Tew directly to consider submissions that can be made on your behalf, or on behalf of your industry as a whole. Please note that such submissions must be provided by 1 December 2017.

What happens to your existing visa applications if your occupation is removed from the list?

Because the Migration Regulations 1994 (Cth) are distinct for the various visa classes, each type of visa may be impacted differently by an occupation being removed from the STSOL. Broadly speaking:

• 457: If the nomination application is not approved and your occupation is removed from the STSOL, the nomination cannot be approved. In these circumstances, the Department will usually write to the sponsor to provide further information (including for example, considering a change in occupation).
• ENS (Direct Entry): If the nomination application is not approved and your occupation is removed from the STSOL, the nomination cannot be approved. In these circumstances, the Department will usually write to the sponsor to provide further information (including for example, considering a change in occupation).
• ENS (Temporary Residence Transition): The removal of the occupation from the STSOL will not impact the pending application as the TRTS is based on years of service, rather than being in a specific occupation list (though be aware that there are a number of other changes which may impact eligibility). 

If your occupation is removed from the STSOL, you may still be eligible for a number of visas in Australia including through existing family sponsored, investor or humanitarian programs.

More information?

If your occupation is a Traffic Light Occupation, we strongly urge you to contact us by email at [email protected] or phone (03) 9016 0484 for information about how we can help you.