Immigration have changed the occupations lists, and it effects applications already lodged… but why?
In law, there are different types of authority. Their is the Migration Act (Cth). This is a commonwealth piece of legislation, and requires the federal government to pass a bill for changes. WE can then go down the line to what is called an instrument. An instrument is also a federal piece of legislation, but it does not require a bill for it to be changed. Instead, a federal minister can update and change these bills as he or she wishes.
This is what has happened to the occupation lists. While a 457 visa refers to an instrument, it is this instrument that has been changed on short notice, and is retrospective. This means that it affects past applications already lodged, but not yet granted.
While it is unfair, it seems that this is indeed lawful. As an employee, or an employer, you now have the task of identifying new avenues available to obtain, or keep your visa in Australia. For occupations, you will find that their are analagous/similar occupations on the list.
We are able to brainstorm your options. You can contact us on 07 55 38 3870. We look forward to working with you.