Commonwealth legislation

Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

7/10 complexity

This instrument sets the Medium and Long‑term Strategic Skills List (MLTSSL) for the Subclass 186 ENS Direct Entry stream, linking each eligible occupation (by ANZSCO) to a required skills‑assessing authority and specifying exclusion circumstances and salary thresholds that disqualify roles.

It affects Australian employers sponsoring permanent skilled migrants, the applicants themselves, and the assessing bodies that verify qualifications—clarifying which jobs qualify for nomination and why.

JSON API Migration / citizenship

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019.

Authority

3 Authority

This instrument is made under the following:

(b) subregulation 5.19(11) of the Migration Regulations 1994;

Definitions

4 Definitions

Note: A number of expressions used in this instrument are defined in the Regulations, including the following:

Note: (a) ANZSCO;

Note: (b) AUD.

In this instrument:

identified person has the meaning given by paragraph 5.19(2)(c) of the Regulations.

international trade obligation means an obligation of Australia under international law that relates to international trade, including such an obligation that arises under any agreement between Australia and another country or other countries.

limited service restaurant includes the following:

(a) a fast food or takeaway food service;

(b) a fast casual restaurant;

(c) a drinking establishment that offers only a limited food service;

(d) a limited service cafe, including a coffee shop or mall cafe;

(e) a limited service pizza restaurant.

Medium and Long‑term Strategic Skills List: see subsection 7(1).

nec is short for not elsewhere classified.

Regulations means the Migration Regulations 1994.

university lecturer includes the following:

(a) a research associate in a university;

(b) a research fellow in a university.

Part 2 Specification of occupations and assessing authorities

Specification of occupations and assessing authorities

6 Specification of occupations and assessing authorities

Occupations—Direct Entry stream

(2) For the purposes of subregulation 5.19(11) of the Regulations:

(a) an occupation listed in column 1 of an item of the Medium and Long‑term Strategic Skills List is specified for the purposes of subregulation 5.19(10) of the Regulations; and

(b) subject to subsection (3), the occupation applies to an identified person if the tasks of the occupation that are to be performed by the identified person correspond to the tasks set out in the ANZSCO code specified for the occupation in column 2 of the item.

Exceptions

(3) However, if:

(a) a number is listed in column 4 of an item of the Medium and Long‑term Strategic Skills List; and

(b) the circumstances set out in column 1 of the table in section 8 of this instrument corresponding to the number so listed apply to the position in which the identified person is to work;

the occupation listed in column 1 of the item of the Medium and Long‑term Strategic Skills List does not apply to the identified person.

Assessing authorities—Direct Entry stream

(4) For the purposes of paragraph 186.234(2)(a) of Schedule 2 to the Regulations, an assessing authority listed in column 3 of an item of the Medium and Long‑term Strategic Skills List is the assessing authority for the occupation listed in column 1 of the item.

Note:

Note: Clause

Note: 186.234 of Schedule

Note: 2 to the

Note: Regulations

Note: sets out criteria that apply only in relation to the Direct Entry stream for the Subclass 186 visa

More sections below

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Introduction

1 Name

(1) This instrument is the Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019.

(2) This instrument may also be cited as LIN 19/049.