A caveat is an additional condition or requirements that the employer or the visa applicant must meet when a nomination is A caveat is an additional condition or requirements that the employer or the visa applicant must meet when a nomination is lodged. This is done to ensure skilled visa programs are used to fill skilled positions where they are required and where there is a genuine need. They are used to:
- Ensure the position cannot be filled by an Australian worker
- Specify conditions related to the nature and location of the job
- Ensure that the role meets certain business criteria
Whether you are an employer who is seeking to nominate a position or a nominee who is seeking sponsorship, it is important to know the requirements of a caveat for each occupation.
Specific occupations are subject to an occupational caveat. For example:
Occupation | Caveat |
Accountant (ANZSCO 221111) – Caveat 6, 19, 21 | Caveat 6 – Excludes clerical, bookkeeper or accounting clerk positions Caveat 19 – Excludes positions that are in a business that has an annual turnover of less than AUD1M. Caveat 21 – Excludes positions that are in a business that has fewer than five employees. |
Café or Restaurant Manager (ANZSCO 141111) – Caveat 8 | Caveat 8 – Excludes positions in a limited service restaurant. A limited service restaurant includes, but is not limited to, the following: – fast food or takeaway food services – fast casual restaurants – drinking establishments that offer only a limited food service – limited service cafes including, but not limited to, coffee shops or mall cafes – limited service pizza restaurants. |
Pastry cook (ANZSCO 351112) – Caveat 17 | Caveat 17 – Excludes positions that relate to mass or standardised production (as opposed to specialist production), including any of the below positions which: – are based in a franchise or factory – involve full or partial production of food product for distribution to another location – predominantly involve the use of pre-prepared food product from another location. |
Understanding and adhering to visa caveats is essential under the employer sponsored skilled visa programs. It is crucial to work with an immigration lawyer or registered migration agent to navigate these requirements effectively and ensure appropriate evidence is provided. Non-compliance can lead to nomination application refusals.