Visa Caveats That May Have an Impact on Your Visa

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Are you a holder of a temporary Australian work visa, specifically that which falls under 457 or TSS visa program or you intend to lodge for such a visa?

Then you may need to do a review of the caveats that are attendant to it.  This is especially pressing in the light of the changes that the country’s Department of Immigration and Border Protection (DIBP) intends to implement in the visa system.  Even more crucial is the fact that the DIBP has already made some changes (as of April 2017).

What is Visa Caveat?

Before we go any further, you may have some questions as to what caveats are.  First of all, caveat is a Latin term that stands for certain stipulations, limitations or conditions imposed on any legal agreement or transaction.  In the case of your work visa, caveats are conditions that you (and even your employer) have to abide by if you are being sponsored to undertake certain occupation.

Limitations for certain occupations

For instance, if you are being sponsored as a café or restaurant manager, you cannot be working in a casual or fast food business, in a pub or in any similar outlet offering limited services.  In addition, you cannot be sponsored by a coffee shop, mall café or limited service pizza restaurant.  If in case you intend to work as a hairdresser, you can only be sponsored on a 457 visa if you have more than two years of experience.

These are just some examples as to how visa caveats impact on your work and your stay in the country.  There’s a myriad of major and minute details that need to be looked into just to make sure you are working in Australia legally.

Visa caveats affect 59 occupations here.  Chances are, the industry in which you are currently toiling may be one of them.

For that reason, don’t you think it is imperative for you to refer your concerns to an expert on visas and migration?  It sure is.

And you are on the right spot right now.  Our company, Nowak Migration, serves as your go-to hub when it comes to issues and concerns involving visas and migration.

Give us a call or contact us to discuss your situation.

List of visa caveats

Positions for which occupation is inapplicable.

ItemPosition
1The position does not require a minimum of 2 years’ relevant work experience.
2The position has a nominated base salary of less than AUD65,000.
3(a) the position has a nominated base salary of less than AUD65,000; and
(b) if the person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
4(a) the position has a nominated base salary of less than AUD80,000; and
(b) if the person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
5(a) the position has a nominated base salary of less than AUD180,001; and
(b) if the person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
6The position is a clerical, bookkeeper or accounting clerk position.
7The position is involved in mass production in a factory setting.
8The position is in a limited service restaurant.
9The position predominantly involves responsibility for low‑skilled tasks.
Example 1: Rostering, maintaining records, reception duties and allocating duties to
housekeepers, porters or doorpersons.
Example 2: Fruit picking or packing or feeding of livestock or animals.
Example 3: Truck driving.
10The position is not located in regional Australia (within the meaning of subregulation 5.19(7) of the Regulations).
11The position:
(a) is based in a front‑line retail setting; or
(b) predominantly involves direct client transactional interaction on a regular basis.
12The position:
(a) is not a full‑time position; or
(b) is not based in a therapeutic setting; or
(c) involves the provision of non‑medical relaxation massage; or
(d) is not in a retail setting.
13The position predominantly involves hairdressing or beauty therapy related non‑managerial tasks.
14The position:
(a) is not located in a commercial building or shopping centre environment; or
(b) predominantly involves managing the provision of only one particular service to a facility or managing one particular relationship.
Example: Managing the cleaning contract for a facility but not other contracts relevant to the facility.
15The position:
(a) is based in a front‑line retail setting; or
(b) is based in a call centre and does not require a significant technical knowledge of products; or
(c) predominantly involves selling educational courses to individual students.
16The position relates to mobile phone repairs.
17The position relates to mass or standardised production (as opposed to specialist production), including the following:
(a) a position based in a franchise or factory;
(b) a position that:
(i) involves full or partial production of food product for distribution to another location; or
(ii) predominantly involves the use of pre‑prepared food product from another location.
18The position relates to animal husbandry, including caring for livestock on a farm.
19The position is in a business that has an annual turnover of less than AUD1,000,000.
20(a) the position is in a business that has an annual turnover of less than AUD1,000,000; and
(b) if the person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
21The position is in a business that has fewer than 5 employees.
22(a) the position is in a business that has fewer than 5 employees; and
(b) if the person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.

 

Visa Caveats That May Have an Impact on Your Visa
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Visa Caveats That May Have an Impact on Your visa
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Visa Caveats That May Have an Impact on Your visa
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Caveats are conditions that you (and even your employer) have to abide by if you are being sponsored for 457, TSS or 186 visa to undertake certain occupation.
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Nowak Migration
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