Caveats and how they impact on your visa application

In April this year, the Department of Immigration and Border Protection made a number of changes to the existing skilled program. This includes the following visa classes: s/c 457, 186, 187, 189, 190, 489. For more details see here:

One of the changes implemented in April were caveats. Caveats apply to certain occupations in the s/c 457 and 186 program only:

Affected are:

  • 457 applications lodged on or after 1 July 17 OR applications lodged prior, but not decided by 1 July 17.
  • 186 applications lodged on or after 1 July 17

Caveats are basically additional requirements a sponsor or a visa applicant has to meet in order to qualify. E.g. Chefs, Cooks, and Cafe or Restaurant Managers are now excluded from being sponsored in positions 'involved in mass production in a factory setting and positions in a limited service restaurant'.

How to decode this? Mass production in a factory setting are any positions where food is produced using assembly line style techniques. Limited service restaurants are for example fast food restaurants or take away joints. In order to assess whether a restaurant has a 'limited service' Immigration will look at a range of aspects. Some of these aspects are for example the location and size of the business, how customers order and pay, whether the kitchen stocks fresh ingredients and cooks meals from scratch and how comprehensive the menu is and many others.

It is important to give Immigration sufficient evidence to strengthen your case. To demonstrate that your business is more than a simple take away joint and that the person you nominate has the skills and expertise for the job.

If you would like some help with your application or if you have already submitted an application but are not sure whether you can actually meet these new criteria, don't hesitate to get in touch and book a consultation to learn how Migration Advice can help.