Tuesday the 27th January 2015
Volume 358

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Today we cover the restrictions placed upon certain food outlets looking to sponsor Cooks, Cafe Mangers and Chefs depending upon the size of the food premises. We also take note of the new English requirement change for Trades Recognition Australia. 

SIZE does matter when it comes to food outlets 




457 visas and the Fast Food or Takeaway Food Industry


Many hospitality business owners would be surprised to learn that the Immigration department have their own guidelines when it comes to assessing the difference between a café/restaurant and a fast food/takeaway food service operations. There is a specific law (legislative instrument) which specifically excludes the following occupations from being sponsored under the 457 visa program if it falls under the later classification;

  • Cafe or Restaurant Manager (ANZSCO 141111)
  • Chef (ANZSCO 351311)
  • Cook (ANZSCO 351411)

If the DIBP classify a business as a fast food or takeaway food premises, then the business cannot sponsor the occupations listed above.


Classification Guidelines


The Australian Bureau of Statistics (ABS) distinguishes between 'Cafes and restaurants' and 'Takeaway food services (fast food)' under the Australian and New Zealand Standard Industrial Classification (ANZSIC). It is up to individual case officers to make an assessment if a business places a nomination application for these three specific occupations listed above. They need to be sure that the premises where the nomination refers to does not fall into the "Takeaway" classification.


Cafes and restaurants


Cafes and restaurants are businesses where there is an emphasis of customer service whereby mainly providing food and beverage serving services for consumption on the premises. Customers have their orders taken whilst seated by a waiter/waitress and then receive their food while seated. After the meal they would normally pay their bill.


Takeaway food service outlets, fast food outlets and fast casual dining outlets


Takeaway food service outlets are mainly focused upon providing food for customers to takeaway. This is pretty straight forward to identify. The food is usually provided in takeaway containers or packaging ready to be consumed. The business may provide limited seating where the food can be eaten in the shop or perhaps outside or may even be delivered. Where it gets confusing is where case officers may consider fast food outlets or casual dinning outlets. The ABS also includes businesses mainly engaged in supplying food services in food halls and food courts within this category. Table service is not provided and customers generally eat their food in the disposable packaging it was provided with.


The DIBP has specific guidelines in relation to Fast Food casual dining outlets;


"Table service before and during consumption of the meal is not usually a feature, and customers typically place their food orders at a counter. For the purposes of the 457 program, fast casual dining outlets are considered to be fast food businesses.

Typically, these outlets:

  • usually operate in chains or as franchises
  • are heavily advertised
  • offer limited menus
  • offer speed, convenience, and familiarity to diners who may eat in the outlet or take their food home
  • do not generally employ qualified chefs
  • prepare food according to a standardised format for distribution from a central location
  • serve food in a packaged form (although some outlets may provide cutlery and crockery for customers dining in the establishment)
  • require customers to pay before eating and
  • do not offer table service before or during consumption of the meal."


There have been a number of cases where some fast food and casual dinning outlets also include a catering business into their business model. In certain circumstances it may be possible the business can gain approval for one of those (or more) occupations listed above when there is evidence that a catering enterprise is actively operating.


Blue apply now button on white keyboard close-up


TRA English Change


It seems that TRA is abandoning its long term notion that it is necessary to demonstrate an IELTS ability of 6.0 on each component of one test in order to gain a skill assessment result.


At last some common sense prevails that for most trade occupations in the real world, such an English capacity is not necessary.


TRA has released the following information;


"Provisional Skills Assessment - Removal of the International English Language Testing System eligibility requirement


From 16 January 2015 Provisional Skills Assessment (PSA) applicants are no longer required to provide an International English Language Testing System (IELTS) result as part of the eligibility requirements.


When completing a new application through the TRA Online Portal, applicants must select 'yes' to the question 'Do you hold a passport from and are you a citizen of: United Kingdom, Canada, New Zealand, United States of America or the Republic of Ireland'. This will bypass the IELTS data field requirements.


Please note: When completing the 'Personal Details' page of the online application, you must enter your actual Country of Passport."


When I first read this I was a little confused. Is TRA is actually telling applicants it's OK to provide false information on a government application form? To tick yes on an answer that is actually incorrect?


I can understand that government online application forms can take time to change but I would have thought that advising applicants to tick an answer on an official form that is incorrect would not be the way to conduct any enterprise let alone one from the governments arm.


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Jee Eun Han

   Executive Manager

           Jee Eun Han

Australian Immigration Law Services






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    Managing Director

          Karl Konrad

Australian Immigration Law Services















































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