Case Study

Caveat on Hospitality Industry Positions

About Our Client

The client was a fast-growing restaurant operator with 5 locations, looking to sponsor a number of applicants in the hospitality positions of Cook, Chef and Café or Restaurant Manager for Temporary Work (Skilled) Subclass 457 visas.
Agents with Experience in 457 Visa Nomination

The Problem

In April 2017, the Department of Immigration and Border Protection (DIBP) announced wide-reaching changes to the migration regulations that affect the employer sponsored migration program. These changes include the introduction of caveats which apply additional criteria that must be met before a business can nominate specific occupations.

Caveats are now in place for the occupations of Cook, Chef and Café or Restaurant Manager which exclude these occupations from the Subclass 457 program where the position is based in what is deemed to be a ‘limited service restaurant’.

A limited service restaurant, as outlined in the instrument, 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 coffee shops or mall cafes;
• Limited service pizza restaurants.

DIBP released definitions of the above terms and a comprehensive list of factors which aim to distinguish between full service and limited service restaurants.

The Solution

These policy changes have made it increasingly difficult for hospitality industry sponsors to nominate applicants in these positions. This was particularly problematic for our client, as they were heavily reliant on successful nominations of overseas applicants in staffing their restaurants.

Our agents prepared four detailed applications which were submitted to DIBP. Following lodgement and despite the thoroughness of applications prepared, two of the applications received Requests for Further Information from DIBP requiring our client to provide additional evidentiary documents and statements addressing the caveats in relation to the nominated positions. Another two received Refusal Notices on the nomination applications on the basis that the case officer had deemed our client’s business a limited service restaurant.

To assist our client, TSS prepared detailed submissions addressing these four nomination applications, describing the nature of the business and highlighting the factors which supported its classification as a full-service restaurant rather than a limited service restaurant. For example, recipes and cooking processes of the business’s signature dishes were supplied to showcase its focus on the use of traditional and fresh ingredients and as evidence that dishes are made from scratch, two of the key factors which suggest a full-service offering.

Our agents guided our client in sourcing and providing relevant information to DIBP in a thoughtful and persuasive way. This involved advising our client to reposition their business and certain aspects of how their food is prepared and served, in order to meet more favourable factors. New leases, tender documents and marketing material were provided to DIBP as evidence of repositioning. We also collated and provided media articles referencing the growing trend of our client’s restaurant’s cuisine in the Australian hospitality industry to demonstrate consumer demand.

Finally, our agents prepared and lodged new nominations for the two applicants who received Refusal Notices and linked them to the pending visa applications, providing the above information and documents in support.

As a result of our agents’ advice, diligent guidance and detailed submissions, our client’s 457 visa applications were successful and the applicants were able to secure key positions within the business.

"We have developed a great partnership with TSS and their dedication to servicing the ALH business is evident in all aspects. We appreciate their attention to detail and approach to bringing us the best personnel and service"

Trevor Smith, National Food Manager ALH Group