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EIG Summary | Australia Prioritizes Specific Skilled Occupations as Exempt from the Travel Ban

September 2, 2020

Summary:

  1. Australia has announced a new “Priority Migration Skilled Occupation List,” of 17 occupations which may be exempt from the travel ban into the country.
  2. Australia has now introduced an additional Labor Market Testing requirement that nominated positions must be advertised on the Government’s Jobactive website, for overseas skilled workers on Subclass 457, 482, or 494 visas.

Priority Migration Skilled Occupation List (PMSOL) Travel Ban Exemption

The Department has announced a new skilled occupation list in light of Covid-19 restrictions, which may be exempt from the travel ban into the country. The Priority Migration Skilled Occupation List (PMSOL) of 17 occupations that will be able to enter Australia to assist in the country’s COVID recovery.

Visa holders who have been sponsored by an Australia business in a PMSOL occupation can request an exemption from Australia’s travel restrictions but will be subject to a strict 14 days quarantine on arrival at their own expense. Please note, it is likely that there will be many applicants for exemptions under this new exemption, so the anticipated processing time of 1-3 weeks may be extended.

Labor market testing will still be required to be able to sponsor individuals in these occupations. In addition to the two advertisements that are required to be posted, an advertisement must be posted on the Government’s Job Active website.

The 17 occupations (ANZSCO code) are:

  • Developer Programmer (261312)
  • Software Engineer (261313)
  • Chief Executive or Managing Director (111111)
  • Construction Project Manager (133111)
  • Mechanical Engineer (233512)
  • General Practitioner (253111)
  • Resident Medical Officer (253112)
  • Psychiatrist (253411) • Medical Practitioner (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)
  • Maintenance Planner (312911)

Labor Market Testing on Jobactive Website

The Australian government announced today that Labor Market Testing (LMT) for businesses nominating overseas skilled workers on Subclass 457, 482, or 494 visas must advertise the position on the Government’s Jobactive website.

The new requirements for advertising may be summarized as follows:

  • must be advertised on the Jobactive website; and
  • must be advertised with at least two advertisements in one or more of the mediums.

The new requirement applies to nominations made on or after October 1, 2020.
Labor Market Testing (LMT) Requirements

The acceptable evidence for LMT is a job advertisement posted on the Jobactive website and at least two job advertisements that have been published for at least four weeks (i.e., 28 days) and within four months immediately before the nomination application form is lodged. The four weeks do not need to be consecutive.

Evidence which meets the following criteria will generally be sufficient:

  • the nominated position has been advertised in Australia;
  • the advertisement was in English and included the following information:
    • the title and description of the position;
    • the name of the approved sponsor or the name of the recruitment agency being used by the sponsor; and
    • the annual earnings for the position (unless the annual earnings will be greater than AUD 96,400);
  • the job advertisement has been published on the Jobactive website;
  • at least two job advertisements must have been advertised in one or more of the mediums in the following:
    • on a national recruitment website (e.g., seek.com.auindeed.com.auglassdoor.com.aulinkedin.com.au, etc.)
      • A recruitment website ‘with national reach’ is a prominent or professional recruitment website that publishes advertisements for positions throughout Australia.
      • A general classifieds website or an advertisement solely through a social media notification, such as Twitter or Instagram, is not an acceptable method.
      • Gumtree is not an acceptable website.
    • in national print media
      • Print media with ‘national reach’ includes national newspapers or magazines that are published at least monthly and marketed throughout Australia.
    • on national radio, or
      • Radio with ‘national reach’ includes radio programs that are broadcast or syndicated nationally.
    • if the sponsor is accredited – on the businesses’ website.