Reclassification of Skills Levels of Some ANZSCO Occupations & Impact on Visa Related Decisions | Pitt & Moore, Lawyers in Nelson
Reclassification of Skills Levels of Some ANZSCO Occupations & Impact on Visa Related Decisions
On the 5th of November this year, the Australian Bureau of Statistics will release a new version of the Australian and New Zealand Standard Classification of Occupations (‘ANZSCO’) - Version 1.3.
ANZSCO is used by the Australian and New Zealand immigration authorities as a tool across a range visa related decisions. Its use and currency in the migration context has been hotly debated in both countries. The Bureau indicated that this release will be limited to an update of the indicative skill levels for some occupations, no other changes are to be made to ANZSCO at this stage.
What is going to change in terms of visa related decisions?
In anticipation of this release, Immigration New Zealand announced that it will mostly continue using the previous version of ANZSCO (Version 1.2) in the assessment of most visa applications until mid-2020.
However, occupations that have changed from Skill Level 4 or 5 to Skill Level 1 to 3 in the new version of ANZSCO, will be treated as exceptions in Essential Skills Work Instructions and the Skilled Migrant Category Residence Instructions, provided that the visa applicant can demonstrate that they earn at least the New Zealand median income (currently NZ$25 per hour but it’s possible this will increase as part of an annual review to be announced during November each year). In these circumstances Immigration New Zealand will treat the ‘upgraded’ occupation as if it is ANZSCO Skill Level 1 to 3.
Will you benefit from this change?
From 30th of October 2019, if visa applicants can establish that their job offer or current employment is a substantial match to one of the occupations listed in ‘Appendix 7 - Occupations treated as exceptions’ and that they earn at least the New Zealand median income then, they may become eligible for a mid-skilled Essential Skills Work Visa and may be eligible for points for skilled employment under the Skilled Migrant Category.
In a nut-shell this change could result in a pathway to residence where previously this wasn’t a possibility. It could also mean as a mid-skilled Essential Skills Work Visa holder the privilege of supporting a partner’s and dependent children’s visa application would be available and there would be no need to worry about the three year limit on remaining in New Zealand as a low-skilled work visa holder.
For many visa applicants, this will be a much welcomed change and an opportunity that could significantly change their lives. Others, however will find it very difficult to obtain the required hourly rate and as such won’t benefit from this development.
What if your Essential Skills application has already been submitted?
If your Essential Skills Work Visa application is currently under processing and you are able to demonstrate to Immigration New Zealand that your role pays at least the current median income, even if the application was submitted before this change, your occupation can be treated as an exception if it is included in Appendix 7 of the Operational Manual.
We, like everybody else, await with baited breath further detail, including an implementation date, from the government on the removal of skills bands in Essential Skills Work Instructions flagged for ‘mid-2020’ as well as more detailed information on the new employer- led, three stage application process flagged for ‘early 2021’.
In the meantime, we recommend that you don’t delay in submitting your Expression of Interest for the Skilled Migrant Category, if as a result of the above changes you now meet the current points test, as it’s not outside the realm of possibility that the government may decide to increase the points threshold by mid-2020.
Talk to us
If you have any questions about these changes and what they man for you and your family please contact our Immigration Team for professional legal advice that will give you peace of mind.
Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal / immigration advice that is specific to your circumstances.
The full list of occupations treated as exceptions as per Appendix 7:
ANZSCO code and occupation
421111 Child Care Worker
421112 Family Day Care Worker
421114 Out of School Hours Care Worker
422116 Teachers' Aide
423411 Child or Youth Residential Care Assistant
423413 Refuge Worker
451111 Beauty Therapist
451412 Tour Guide
451612 Travel Consultant
451811 Civil Celebrant
452211 Bungy Jump Master
452212 Fishing Guide
452213 Hunting Guide
452214 Mountain or Glacier Guide
452215 Outdoor Adventure Instructor
452216 Trekking Guide
452217 Whitewater Rafting Guide
452299 Outdoor Adventure Guides nec
552111 Bank Worker
552211 Credit or Loans Officer
711211 Industrial Spraypainter
711311 Paper Products Machine Operator
711313 Sawmilling Operator
711611 Sewing Machinist
711711 Footwear Production Machine Operator
711712 Hide and Skin Processing Machine Operator
711713 Knitting Machine Operator
711714 Textile Dyeing and Finishing Machine Operator
711715 Weaving Machine Operator
711716 Yarn Carding and Spinning Machine Operator
711799 Textile and Footwear Production Machine Operators nec
712111 Crane, Hoist or Lift Operator
712916 Paper and Pulp Mill Operator
712921 Waste Water or Water Plant Operator
721112 Logging Plant Operator
721913 Paving Plant Operator
731311 Train Driver
821711 Construction Rigger
423313 Personal Care Assistant
452311 Diving Instructor (Open Water)
591212 Import-Export Clerk
599611 Insurance Investigator
599612 Insurance Loss Adjuster