Genuine Position Criteria for 482 TSS Work Visas: I am a Muffin Mixer

I’m a muffin mixer. I spend my days working at McGuffin’s Muffins preparing dough to be baked into some of the most delicious muffins around. I know all the textures and consistencies of different types of dough, and enjoy nothing more than the sweet smell of fresh muffin in the morning.

Does this sound like a genuine position to you? If it doesn’t then I’m not surprised!

When it comes to applying for certain work visas including the new 482 TSS work visa, the Department of Home Affairs will ask: “does this position sound genuine and is it a position this organization (the employer) actually needs?”

TSS work visa/482 work visa applicants will need to first nominate for a position of work; their occupation must be eligible for the visa they are trying to apply for as per the skilled occupation list available here (Spoiler alert: “Muffin Mixer” is not the list): https://www.homeaffairs.gov.au/trav/work/work/skills-assessment-and-assessing-authorities/skilled-occupations-lists/combined-stsol-mltssl .

If your occupation is on the list, you will need to satisfy the Department that what you do or will do for your employer at work includes a “significant majority of tasks” in the job description for that occupation at ANZSCO.

You may also need to demonstrate you have the required qualifications for the job.

Sometimes, the Department may feel that your job is not actually needed by the employer. This could be for instance if the company only has 2 employees but you have nominated for café manager; do you REALLY need a manager in such a situation?

Even if we took our friend the muffin mixer, at first glance he might look like he doesn’t fall into any eligible occupation.

He doesn’t.

However! If the muffin mixer happened to also work in a high end bakery, and knew some more recipes than just muffins, he MIGHT be able to fall under the occupation of pastrycook! This would mean he is eligible for the short-term stream of the new 482 TSS work visa.

Elmtree Migration Lawyers can assist you with assessing your employment situation and your eligibility for a successful 482/TSS work visa application.  See http://elmtreemigration.net.au/temporary-skills-shortage-tss-visas/

SOURCE: The information for this article is based on Cargo First Pty Ltd v Minister for Immigration and Border Protection (2016) 149 ALD 634 and Khan v Minister for Immigration and Border Protection (2016) 155 ALD 346