When looking to applying for an employer sponsored working visa people often ask us if they can be sponsored as a manager in a retail shop environment.

The first issue we discuss with them is that the 457 (up to 4 years TR visa) system has a list of occupations you must be nominated from, called the Consolidated Sponsored Occupation List (CSOL). Unfortunately Retail Manager is not on that list so this means you cannot be sponsored for the 457 visa for this occupation.

We then explain that Retail Manager cannot be sponsored for the Employer Nomination Scheme (ENS), for the occupation of Retail Manager does not meet the definition of 'highly skilled' for the 'Direct Entry' stream of the ENS program. It also cannot be used for the Temporary Residence Transition (TRT) stream since the occupation is not on the CSOL (the transition stream is where you would hold a 457 visa for 2 years).

However under the Regional Sponsored Migration Scheme (RSMS) there is no list of occupations you have to choose from, just a minimum skill level requirement and here the occupation of Retail Manager can fit the bill perfectly. There are however a range of issues that need to be considered.

Retail Manager or Retail Supervisor?

Over the years we have found that many businesses fail in their nomination of Retail Manager for the DIBP consider the occupation for that particular work environment is really a Retail Supervisor. The reason it fails the RSMS process because Retail Supervisor is at a lower skill level (Level 4) and thus the occupation cannot be used for the RSMS process. A minimum skill level 3 is needed for the RSMS purpose except for trade occupations.

The DIBP will closely examine the duty description to be sure that the nominated activity is at the manager level of complexity where there is responsibility for organising and controlling the operations of a retail trading establishment. The DIBP look for six main duties (but not limited to);

*determining stock levels, product mix and service standards
*setting prices and formulating / implementing purchasing and *marketing policies promoting and advertising for the establishment
*maintaining stock and financial records
*controlling selection, training and supervision of staff
*undertaking budgeting for the establishment.

Other tasks may be undertaken but they should not be the primary roles;

*selling goods and services to customers and advising them on product use and taking inventory of goods for sale and ordering new stock and
*ensuring that goods and services are correctly priced and displayed.

The DIBP believes the Retail Manager should be able to make high level business decisions (just how high is not explained in their policy) and should report to the business executive rather than another Manager at the store. This means they will generally only approve one retail manager for one store location (however very large retail stores may argue the need for two).

Beware of Franchise Agreements

Applicants who work in franchise stores often become unstuck because the DIBP will request to see the actual franchise agreement. Their policy on this states;

Franchise agreements in all industries often specify that management roles, including the authority to plan, organise, direct, control, coordinate and review aspects of the business, are the responsibility of the franchisor.

We have seen a number of refusals come to our office on this issue alone so be careful.

Check the ANZSCO for Retail Manger and Retail Supervisor to see the difference in duties.