Readers will be aware that our colleague Mark Northam has provided "granular detail" of the changes to the Subclass 186 (Employer Nomination Scheme) and Subclass 187 (Regional Sponsored Migration Scheme) visas that were introduced through the Migration Legislation Amendment (Temporary Skill Shortage and Complementary Reforms) Regulation 2018  that came into force on 18 March 2018. 

The full text of those new regulations can be accessed by clicking on this link.

We are writing to provide a "more general", "broad-brush" summary of the changes to the 186 and 187 programmes, as outlined in the Explanatory Memorandum that accompanied the regulations.

Subclass 189/190/489/485 Visas

Skilled Occupation List Changes
•    In addition to the existing GSM MLTSSL and STSOL, a Regional Occupation List (ROL) has been added but applies only to visa subclass 489 for state/territory nomination.
•    Occupations moved from the GSM MLTSSL to the ROL
o    horse breeder
o    project builder
o    medical administrator
o    electrical linessworker
•    Occupations moved from the GSM MLTSSL to the ROL
o    post office manager
o    fitnes centre manager
o    sports centre manager
o    aeroplane pilot
o    flying instructor
o    helicopter pilot
o    wine maker
o    agricultural technician
o    property manager
o    real estate representative

Other Visas and Related Legislation

BRIDGING VISAS

LMT requirements for new nomination application
•    The period during which LMT must be undertaken has changed from 12 months to:
o    (a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
o    (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.

Occupations Exempt from Direct Employment 
•    The occupation list including medical and selected other occupations is essentially unchanged from previous instrument 13/067. Will apply to new TSS/ENS/RSMS applications made starting 18 March 2018

SC187 Eligible Occupations

LMT requirements for new nomination application
•    The period during which LMT must be undertaken has changed from 12 months to:
o    (a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
o    (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.

Specification of Occupations and Assessing Authorities
•    The list of occupations is identical for the TRT and DE streams;
•    There is only one list of occupations: 186 MLTSSL;
•    Occupations removed: horse breeder and all occupations on the repealed instrument’s 186 STSOL;
•    The new instrument applies in relation to:
o    A nomination application lodged on or after 18 March 2018; and
o    An application for a Subclass 186 visa in the DE stream made on or after 18 March 2018 if the related application for approval of a nomination is made on or after that date;
•    Despite the repeal of the old instrument, it continues to apply in relation to nomination applications made before 18 March 2018 and applications for a Subclass 186 visa made on or after 17 January 2018 if the related application for approval of a nomination was made on or after that day but before 18 March 2018;

Occupations Exempt from Direct Employment 
•    The occupation list including medical and selected other occupations is essentially unchanged from previous instrument 13/067. Will apply to new TSS/ENS/RSMS applications made starting 18 March 2018

Changes, critical aspects and key aspects of the legislative instrument for Subclass 482

Compliance with Training Benchmarks after SBS grant

•    The definition of ‘Australian employee’ has changed from ‘an Australian citizen or Australian permanent resident’ to ‘an Australian citizen or Australian permanent resident who is an employee for the purposes of the Fair Work Act 2009’;
•    ‘Employee’, which was not defined, now ‘has the definition provided by section 15 of the Fair Work Act 2009’.

Specification of occupations exempt from Labour Market Testing
•    The new instrument defines occupations exempt from LMT with reference to the current ANZSCO ABS publication in effect as of 18 March 2018