Migration Regulations 1994 - Specification of Occupations for Nominations in Relation to Subclass 457 (Business (Long Stay)) and Subclass 442 (Occupational Trainee) Visas - IMMI 10/085

Administered by Department of Home Affairs

Legislation au F2011L00246 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Migration Regulations 1994

 

 

SPECIFICATION OF OCCUPATIONS FOR NOMINATIONS IN RELATION TO
SUBCLASS 457 (BUSINESS (LONG STAY)) AND
SUBCLASS 442 (OCCUPATIONAL TRAINEE) VISAS

 

(PARAGRAPHS 2.72(10)(aa) and 2.72I(5)(ba))

 

  1. This Instrument is made under paragraphs 2.72(10)(aa) and 2.72I(5)(ba) of Division 2.17 of Part 2A of the Migration Regulations 1994 (‘the Regulations’), inserted in the Regulations on 1 July 2010 by the Migration Amendment Regulations 2010 (No. 6 ).
     
  2. The Instrument was signed by the Minister for Immigration and Citizenship on 18 January 2011, as an attachment to the Ministerial Submission which accompanied it. Although it is usual for a date to accompany the Minister’s signature, it has been established that the Instrument was signed at the same time as the Minister signed the accompanying submission, and that the absence of a date has no detrimental effect in law.
     
  3. Regulation 2.72 of the Regulations sets out the criteria for approval of a nomination in relation to the holder of, or an applicant or proposed applicant for, a Subclass 457 (Business (Long Stay)) visa.  Regulation 2.72I of the Regulations sets out the criteria for approval of a nomination in relation to a holder of, or an applicant or proposed applicant for, a Subclass 442 (Occupational Trainee) visa.

 

4.                  Paragraph 2.72(10)(aa) of the Regulations provides that for standard business sponsors who make nominations in relation to Subclass 457 (Business (Long Stay)) visas on or after 1 July 2010, the Minister must be satisfied that the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified by the Minister in an instrument in writing for the paragraph.  The purpose of this provision is to provide that persons seeking to satisfy the criteria for approval of a nomination for a Subclass 457 (Business (Long Stay)) visa made on or after 1 July 2010 must include in the nomination the name of the occupation, and the corresponding 6-digit code (if any) specified and include the location or locations at which the nominated occupation is to be carried out.

 

5.                  Paragraph 2.72I(5)(ba) of the Regulations provides that for occupational trainee sponsors who make nominations in relation to Subclass 442 (Occupational Trainee) visas on or after 1 July 2010, the Minister must be satisfied that the nominated occupational training is in relation to an occupation specified, with its corresponding 6-digit code, by the Minister in an instrument in writing for this paragraph. 

 

6.                  The Instrument specifies occupations for the purposes of paragraph 2.72(10)(aa) of the Regulations as the occupations listed in Schedule 1 to the Instrument.  The Instrument specifies occupations for the purposes of paragraph 2.72I(5)(ba) of the Regulations as the occupations listed in Schedule 1 to the Instrument, and, in addition, the occupation set out in Schedule 2 to the Instrument.  Schedules 1 and 2 to the Instrument also specify the corresponding 6-digit code for each relevant occupation.  This code is listed in accordance with the ANZSCO (the Australian and New Zealand Standard Classification of Occupations).

 

7.                  The specified occupations are predominately unchanged from those in Instrument number IMMI 10/032 signed by the Minister on 17 June 2010, for the purposes of paragraphs 2.72(10)(aa) and 2.72I(5)(ba) of the Regulations.  The only difference is that seven occupations have been removed and four have been added.

 

8.                  Paragraphs 2.72(10)(a) and 2.72I(5)(b) of the Regulations, and consequently Instrument number IMMI 09/125, apply in respect of nominations made prior to 1 July 2010.  Paragraphs 2.72(10)(aa) and 2.72I(5)(ba) and this Instrument number IMMI 10/085 apply in respect of nominations made on and after 1 July 2010.  This reflects the operational requirements of the Department of Immigration and Citizenship from 1 July 2010 when the ANZSCO, rather than the ASCO, became the accepted descriptor of occupations.  New nominations from 1 July 2010 are required to nominate an occupation with its corresponding 6-digit ANZSCO code.

 

9.                  The following document is incorporated in the Instrument by reference:

  • ANZSCO means, under regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010.  The ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) is available online at http://www.abs.gov.au.

 

10.              Affected government departments and agencies were consulted on the proposal to introduce the ANZSCO standard into the Department's skilled migration programs.  These included the Australian Bureau of Statistics, the Department of Education, Employment and Workplace Relations, and the Department of Infrastructure, Transport, Regional Development and Local Government. 

 

11.              State and Territory Governments were consulted via the Commonwealth State Working Party on Skilled Migration (CSWPSM).  This included the ACT Chief Minister’s Department, the NSW Department of State and Regional Development, the NT Department of Business and Employment, the Queensland Department of Employment, Economic Development and Innovation, the Tasmanian Department of Economic Development, Tourism and the Arts, and the SA Department of Trade and Economic Development. 

 

12.              The Office of Best Practice Regulation was consulted and advised that because changes from ASCO to ANZSCO are a consequence of the new approach adopted by the Australian Bureau of Statistics for classifying occupations, no regulation impact statement or business cost calculator report was required (OBPR reference number 12113).

 

12. This Instrument number IMMI 10/085 commences on 15 February 2011.

Overview

The Migration Regulations 1994, as amended, were enacted to regulate various aspects of migration to, from, and within Australia, providing a framework for the administration of Australia's immigration system. A specific Instrument under this Act, numbered IMMI 10/085 and signed by the Minister for Immigration and Citizenship on 18 January 2011, addresses the need for clarity and specificity in nominating occupations for Subclass 457 (Business (Long Stay)) and Subclass 442 (Occupational Trainee) visas. This Instrument was introduced to ensure that the nominated occupations align with the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which became the accepted descriptor of occupations from 1 July 2010, replacing the Australian Standard Classification of Occupations (ASCO). The policy objective is to ensure that nominations for these visas include the correct occupational classification, thereby maintaining consistency and accuracy in the skilled migration programs. This change reflects the Department of Immigration and Citizenship's operational requirements, ensuring that new nominations from 1 July 2010 correctly specify occupations with their corresponding 6-digit ANZSCO codes.

Scope and Application

The Instrument is a regulatory document made under the Migration Regulations 1994, specifically targeting nominations for Subclass 457 (Business (Long Stay)) and Subclass 442 (Occupational Trainee) visas. It applies to standard business sponsors and occupational trainee sponsors who submit nominations for these visa categories on or after 1 July 2010. The Minister for Immigration and Citizenship must be satisfied that the nominated occupation and its corresponding 6-digit code align with the occupations specified in the Instrument, which adheres to the ANZSCO (Australian and New Zealand Standard Classification of Occupations). This requirement ensures that new nominations incorporate the ANZSCO code, which became the standard on 1 July 2010, replacing the previous ASCO (Australian Standard Classification of Occupations). The Instrument, signed on 18 January 2011 and effective from 15 February 2011, reflects changes agreed upon through consultations with relevant government departments and agencies, including the Australian Bureau of Statistics and State and Territory Governments. Notably, the specified occupations in the Instrument are largely unchanged from previous listings, with minor adjustments to reflect current occupational standards.

Key Provisions

The Migration Regulations 1994, as specified by Instrument number IMMI 10/085, delineate the occupations eligible for nomination under the Subclass 457 (Business (Long Stay)) and Subclass 442 (Occupational Trainee) visas. Regulation 2.72(10)(aa) specifies that for Subclass 457 visa nominations made on or after 1 July 2010, the nominated occupation must match one of the occupations listed in Schedule 1 of the Instrument, accompanied by its corresponding 6-digit ANZSCO code. Regulation 2.72I(5)(ba) further stipulates that for Subclass 442 visa nominations made on or after the same date, the nominated occupation must also correspond to one of the occupations listed in Schedule 1 and must include the ANZSCO code. Additionally, for Subclass 442 visas, the occupation must additionally correspond to the occupation listed in Schedule 2 of the Instrument. The Act imposes obligations on sponsors and applicants for these visas to ensure that they nominate occupations that are specified by the Minister in the Instrument. Sponsors must provide the name of the occupation and its corresponding ANZSCO code, along with the location where the occupation will be performed. For Subclass 442 visas, the nominated occupation must also meet the criteria set out in Schedule 2. This ensures that the nominated occupations align with the specified ANZSCO codes, which are intended to reflect the current occupational classifications used by the Australian Bureau of Statistics. Failure to comply with the requirements of the Act may result in various consequences. While the Instrument does not explicitly state penalties for non-compliance, it is implied that incorrect or non-compliant nominations may lead to the rejection of the visa application. This could potentially result in delays, additional costs, and the need for reapplication with the correct information. The precision and adherence to the specified occupational criteria are crucial to avoid these adverse outcomes. The Instrument, effective from 15 February 2011, updates the occupational requirements for visa nominations to align with the ANZSCO classification system, replacing the previous ASCO system. This change was implemented to ensure that the Department of Immigration and Citizenship's skilled migration programs use the most current and accurate occupational classification system available. The shift to ANZSCO reflects a broader approach to occupational classification in Australia and New Zealand, aiming to better align with industry standards and labor market needs.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.