The Most Frequently Asked Question
Back in April 2017, Australian Prime Minister, Malcolm Turnbull announced that the 457 visa will be replaced with a new visa program to put ‘Australians first’. As you are aware of the recent changes from 1st July, here at Labour Support Group, we aim to address this question that has been frequently asked by many migration agents and lawyers.
Question: Based on the new Occupation List, which are the more popular occupations with the highest success rate?
Answer: Each case is unique even if it is for the same position; a Motor Mechanic in an automotive workshop and a Motor Mechanic in a bakery can be of the same position but because of their environment, the supporting evidence will be very different. The success of the application is largely dependent on the supporting evidences that are submitted together. These evidences can include, but are not limited to:
Labour Market Testing Report
With the Department of Immigration and Boarder Protection (DIBP) having more stringent requirements, it is more important now than ever for a detailed Labour Market Testing Report to be submitted.
When posting a job advertisement online, it is important to keep in mind that the job description has to be in line with that of ANZSCO. However, we do not recommend that you copy the responsibilities word for word. Instead, use the responsibilities in ANZSCO as a guideline to write the actual job description with relevance to the business.
Although there are many different job search platforms online, not all of them fulfill DIBP’s requirements; one such example being Gumtree. As different platforms have different target audience, it is vital that you choose the right platform or use a mixture of platforms to reach a larger pool of potential job applicants. With more job postings on different platforms, it shows that the business genuine effort in searching to employ an Australian or Permanent Resident.
After selecting the right platform(s), the next key step in Labour Market Testing is in determining the duration for each job advertisement. We would recommend that the job advertisement be advertised for a longer period of up to 4-6 weeks, or if there is a time restriction, a minimum of at least 2 weeks.
At the end of the advertisement, you would have to gather all the resumes received and do a detailed analysis and profile check of the job applicants. This step of the Labour Market Testing plays a significant role, as it assesses each applicant based on the job requirements and filter them accordingly. A detailed summary of the applicants has to be included and written in context of whether the applicant is suitable for the position
In the event where there is no eligible applicant, you would still have to include every single applicant into the Labour Market Testing Report with reasons detailing why all applicants were rejected and not shortlisted.
The Labour Market Testing has to be comprehensive to satisfy all of DIBP’s requirements and if possible, provide additional information to clarify any doubts DIBP may have.
No Equivalent Worker + Market Salary Survey Report
This provides the DIBP with the necessary market data to understand the reason why the employer chose to pay the nominated salary and that the salary offered is no less favourable than that provided to an Australian citizen or permanent resident for equivalent duties.
Market Salary Data guides are used to assess what is the average market salary range for the specified position within the industry and within the immediate geographical location where the employee will be working
It is also important to ensure that the nominated salary is above the TSMIT.
A strong Genuine Position report is one that is like no other
To create a strong Genuine Position report, ample research has to be done for the business and the nominee. A thorough discussion and analysis of each and every case has to be prepared before writing the report so that all information is accurate and relevant to that of the position.
Using the information at hand, the Genuine Position report is written from the point of view of the business or from a third person. Choosing the correct tone is important as it would affect how the content of the report is being read.
Copy and paste technique is not recommended as it can be deemed by the case officer that the position is not genuine. Copy and pasting content is also highly subjective, what may work for one, might not work for the other. Each Genuine Position Report has to be professionally tailored to suit each individual case.
The more information businesses can provide would help with the report, including pictures of the premises as well as financials would greatly add value to the report. Covering all aspect of the business is important as it allows the case officer to understand the business structure and to see the genuine need of the position.
An additional point would be to include future plans that the position will be responsible for. This helps to show creditability of the position and the business’ desire to grow and expand.
Business Plan can be used as evidence to further support the report.
By taking note of the abovementioned steps and incorporating it into your reports, we believe will significantly increase the success rate of the application. Since the change in April, we have received many cases of the same positions.
From the MLTSS, the top 3 positions are:
Motor Mechanic (General)
As for STOL, the top 3 positons are:
Sales and Marketing Manager
If you have any other questions regarding the process, contact us at firstname.lastname@example.org for a FREE consultation.