Caveats on Occupations for TSS Visa and ENS 186 Visa

A caveat is basically additional condition or requirements that the employer or the visa applicant has to meet when a nomination of position is lodged. This generally happens when an occupation is too broad or difficult to define and it is designed to ensure skilled visa programs are used to fill skilled positions where they are really needed.

Caveats only apply to Temporary Skill Shortage (TSS) visa subclass 482 for both STSOL Occupation List and MLTSSL Occupation List occupation lists and the Employer Nomination Scheme (ENS) visa subclass 186. Only certain amounts of occupations are affected by caveats.

For example, caveats applied for the occupation of accountant (ANZSCO 221111) include the following:

  • The business must not have fewer than five employees;
  • The business must have an annual turnover of more than A$1 million;
  • Job tasks exclude clerical, bookkeeper or accounting clerk positions;

Similarly, a person who is being sponsored as a Café or Restaurant Manager (ANZSCO 141111) can’t engage in work in a fast food or takeaway food services, nor in a fast casual restaurants that offer only a limited food services, such as coffee shops or mall cafes.

According to the Department of Home Affairs, 112 occupations have caveats imposed on them. All these caveats are added to the Skilled Occupation List. A full list of the occupations that have a caveat can be found at the Department of Home Affairs’ webpage here↗.

A caveat on an occupation does not mean you may not nominate this position any more. It is however important to be aware of these caveats so that you may take action accordingly.

Whether you are employer who is going to nominate a position or a nominee who is seeking a sponsorship, it is worthwhile knowing the requirements of a caveat and which occupations can be affected when lodging a nomination.

In case you are unsure how to solve the problems in caveats, you are most welcome to contact Korrylink for a solution.