457/482 nomination refusals by occupation part 2: Nov 2016 to Jan 2019

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A previous expose on Subclass 457 – Temporary Work (Skilled) nomination applications uncovered interesting findings on what were the most popular occupations being lodged, approved, and refused. Nomination applications are important in the temporary and permanent employer sponsored visa program as they are an assessment on the proposed position within a business.

This analysis brought to light what occupations were prone to being refused more than others. While we do not know the specific criterion those applications did not meet, of the statutory requirements, including: labour market testing, the annual market salary rate (AMSR), Temporary Skilled Migration Income (TSMIT), and genuineness, it is genuineness that any migration agent worth their salt would deem to be the most subjective. Such subjectivity can be found in a number of visa subclasses.

Given the nature of nomination applications, it cannot be assumed, however, that all refusals were because of genuineness concerns. At the time certain occupations such as the second most refused occupation of 351411 Cook, required labour market testing while most professional occupations did not, engineering and nursing occupations were not exempt. Failing to accompany a nomination application with evidence of labour market testing was and still is grounds for refusal.

It was not surprising, though, that many of the most refused occupations became subject to caveats when caveats were introduced.

Caveats are further requirements businesses must meet when nominating specific occupations.

Recently, a Freedom of Information request made by the author asked for updated statistics for 457 nominations by occupation for the period from November 2016 to January 2019.

A word of warning: during this period, there were many legislative changes that affected nomination applications, including:

  • Occupation list revisions. Where an occupation was removed and an existing nomination had yet to be processed, these nomination applications were either withdrawn or refused. Later amendments ended this harsh outcome;

  • Extending labour market testing to all occupations;

  • Increasing the number of international trade obligation exemptions to labour market testing as Australia entered into more bilateral and multilateral free-trade agreements;

  • Amending labour market testing requirements and adding alternative evidence for selection occupations and positions;

  • Caveat amendments; and

  • The abolition of 457 visas and the introduction of the Subclass 482 – Temporary Skill Shortage visa.

Will all that being said, the 457/482 nomination application statistics are:

Top 10 457/482 nomination applications occupations lodged between November 2016 to January 2019

  1. 351411 Cook – 6639

  2. 351311 Chef – 5624

  3. 141111 Cafe or Restaurant Manager – 5358

  4. 261312 Developer Programmer – 4993

  5. 261111 ICT Business Analyst – 4153

  6. 261313 Software Engineer – 3839

  7. 253111 General Practitioner – 3568

  8. 253112 Resident Medical Officer – 3424

  9. 242111 University Lecturer – 3296

  10. 225113 Marketing Specialist – 3260

Top 10 457/482 nomination applications occupations approved between November 2016 to January 2019

  1. 261312 Developer Programmer – 4717

  2. 351411 Cook – 4555

  3. 351311 Chef – 4326

  4. 261111 ICT Business Analyst – 3947

  5. 261313 Software Engineer – 3667

  6. 253111 General Practitioner – 3369

  7. 253112 Resident Medical Officer – 3304

  8. 141111 Cafe or Restaurant Manager – 3275

  9. 242111 University Lecturer – 3239

  10. 225113 Marketing Specialist – 2548

Top 10 457/482 nomination applications occupations refused between November 2016 to January 2019

  1. 141111 Cafe or Restaurant Manager – 1385

  2. 351411 Cook – 1296

  3. 351311 Chef – 802

  4. 149212 Customer Service Manager – 451

  5. 221111 Accountant (General) – 450

  6. 225113 Marketing Specialist – 409

  7. 131112 Sales and Marketing Manager – 374

  8. 511111 Contract Administrator – 261

  9. 391111 Hairdresser – 214

  10. 321211 Motor Mechanic (General) – 200

Top 10 457/482 nomination applications occupations refused by percentage between November 2016 to January 2019 (at least 50 nominations applications lodged)

  1. 149411 Fleet Manager – 50%

  2. 149212 Customer Service Manager – 47.03%

  3. 149413 Transport Company Manager – 42.56%

  4. 411611 Massage Therapist – 40.56%

  5. 149913 Facilities Manager – 40.33%

  6. 142114 Hair or Beauty Salon Manager – 39%

  7. 133311 Importer or Exporter – 36.56%

  8. 362211 Gardener (General) – 34.52%

  9. 313113 Web Administrator – 32.14%

  10. 639211 Retail Buyer – 30.68%

Comparing the two periods, little has changed in the composition of popular occupations. Regarding occupations with a high percentage of refusals, with the exception of 313113 Web Administrator and 362211 Gardener (General), every other occupation is either subject to one or more caveats or has been removed from the occupation list. A similar conclusion can be drawn for occupations with the highest number of nomination applications refused.