Occupational Ceilings

A discussion paper has just been released seeking views on how occupational ceilings should work in the skilled migration program.

Once an occupational ceiling has been reached, no further invitations or nominations for that occupation can be issued for the remainder of the programme year. Occupational ceilings do not apply to employer sponsored visas so specific skilled vacancies can still be filled through those visa subclasses even after the relevant ceiling has been reached for the points tested visa subclasses. 

Of the approximately 200 occupational groups covered by occupational ceilings, the following six reached their ceilings in the 2012-13 programme year:

•   Chemical and Materials Engineers (ANZCO Code 2331);

•   Electronics Engineers (ANZCO Code 2334);

•   Other Engineering Professionals (ANZCO Code 2339);

•   ICT Business and Systems Analysts (ANZCO Code 2611);

•   Software and Applications Programmers (ANZCO Code 2613); and

•   Telecommunications Engineers (ANZCO Code 2633). 

The system is designed to make sure there is a balance between not filling up the skilled migration intake too quickly against making sure that occupations in demand are filled. It probably all seems a bit unfair if your occupation is one of the six listed. 


If you want to have your say submissions are open until 16 December 2013

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Labour Market Testing - 457

Misuse of the 457 visa scheme apparently continues and the response this time around is to introduce labour market testing ("LMT"). Getting rid of LMT was one of the big reforms the last time there was a major overhaul of the Employer Nomination Scheme…never mind!

I am very grateful to the MIA's email to members this afternoon which provided a very useful summary of the new requirements and which I summarise below:

LMT must be undertaken by standard business sponsors prior to lodging a nomination. Standard business sponsors must provide information with their nomination about:

• Their attempts to recruit Australian workers;

• How they have determined on the basis of these attempts that there is not a suitable qualified and experienced Australian citizen, permanent resident or eligible visa holder available to fill the position.

There are some exemptions for Working Holiday Makers and for Work and Holiday visa holders in the agricultural sector. Thankfully LMT is not needed where it would conflict with Australia’s international trade obligations.

Evidence of LMT must be provided with the nomination. This includes a completed "domestic recruitment summary table" which includes the following:

• List all modes of advertising or recruitment efforts in the last 12 months for that occupation, for example, online, social media, newspaper, internal recruitment, trade publications);

• Provide details of where the advertisement or recruitment effort took place (for example, name of publication, website, job or careers expo);

• Period/dates of advertising or recruitment;

• Fee(s) paid for advertising or recruitment;

• Provide details of who the fees were paid to;

• Geographical target audience;

• Number of applications received;

• Number of applicants that were hired;

• Reasons candidates were not successful;

An authorised person then has to sign off on it: I declare that the information I have provided in this document is, to the best of my knowledge, true and accurate and I am aware of the penalties for providing misleading or false information to the Commonwealth. 

Policy will be released later in the month. In the interim keep checking the DIBP website for more info.

Drowning on our watch

On 1 September 2013, the ABC program "Background Briefing" examined some of the issues about responsibility for rescue at sea.

Australia’s search and rescue authorities stand accused of unnecessary delays, disregarding distress calls and passing responsibility to Indonesia, which is not equipped to carry out rescue operations

Those accusations were again made over the weekend with another sinking and drowning near Indonesia. The issues are complex.

The boat was in Indonesia's search and rescue zone, which covers most of the ocean between Indonesia and Christmas Island, so Australia's maritime safety authority transferred responsibility to its Indonesian counterpart, BASARNAS.
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Indonesia's BASARNAS office in West Java, which responds to boats in distress on the coastline commonly used by people smugglers, is hopelessly ill-equipped to conduct open sea rescues. The head of operations there, Rochmali, says all they have at their disposal are rubber boats and traditional fishing vessels, which can't go more than five nautical miles from shore.

The podcast is compelling listening or if you prefer there is the transcript: