What are the Caveats for the Skills in Demand (SID) (Subclass 482) Visa?
You have applied for a Skills in Demand (SID) (Subclass 482) visa under a listed occupation, but your application was rejected – what happened? Although your occupation falls under the Core Skills Occupation List (CSOL), it may be affected by a caveat.
What is a caveat for Skills in Demand Visa (Subclass 482)?
A caveat, also known as an ‘applicable circumstance’, serves to carve out particular situations where a position will not fall under a listed occupation. As occupation titles are quite broad, caveats are essentially used to prevent unintended outcomes from occurring. For example, a farmer cannot nominate an applicant to fill a position where only menial labour is involved.
What is the effect of a caveat?
If your position is affected by a caveat, the occupation will be taken to not apply to you, and a different position will need to be nominated. Caveats can apply to both the Core Skills and Specialist Skills streams of the Skills in Demand visa (Subclass 482).
How do I know if a caveat applies to my position?
Caveats are listed under column 3 of the CSOL, which is found in LIN 24/089. A description of the circumstances where a caveat will apply can be found under section 7 of this instrument. There are currently 16 caveats listed.
How can I work around a caveat for SID (SC 482) Visa?
Although a caveat will apply to applications made under the Core Skills and Specialist Skills streams, you can still apply for your desired position if there is a labour agreement that allows you to do so. A labour agreement can take the form of an individual agreement between an employer and the government or, more commonly, an industry-specific agreement or a Designated Area Migration Agreement (DAMA). The exact concessions for a labour agreement will vary, so you will need to ensure that a caveat does not apply to your nominated position before applying.
Related: What Are the Eligibility Requirements for DAMA?
What is an example of a Caveat for An SID Visa (Subclass 482)?
For example, if you are a truck driver, then your position will be affected by caveat 5, which primarily involves unskilled work. However, the Horticulture Industry Labour Agreement allows for nominations in the position of Truck Driver (ANZSCO: 733111), provided that you meet the qualification requirements under the labour agreement.
Alternatively, some caveats simply apply a threshold for a position’s annual earnings or a business’s annual turnover. For example, caveat 1 applies to positions for Chief Executives or Managing Directors where the annual salary is less than $180,001. If you are affected by such a caveat, you may wish to discuss this issue with your employer and negotiate a higher salary to meet the earnings threshold. However, other caveats apply to exclude positions entirely and cannot be avoided without a concession made under a labour agreement.
How Can Agape Henry Crux Help
Before you are nominated for a position, you should always check to see if a caveat applies, as it could significantly hinder your visa application. Consult tailored advice from an Immigration Lawyer at Agape Henry Crux for your Skills in Demand (SID) (Subclass 482) visa matter. Our team works with our Accredited Specialists Immigration Lawyers (s) who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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