The big difference is that occupations, such as Cook, listed in STSOL are only permitted to work temporarily in Australia and without a pathway to Permanent Residency.
Importantly however, the occupation of Chef (ANZSCO 351311) is still available on the MLTSSL, which does offer a Permanent Residency Pathway through both the existing Subclass 457 Temporary Transition Streams to Permanent Employer Sponsored visas, and through the upcoming new Temporary Skills Shortage (‘TSS’) visa. Accordingly then, given the very close relation between the occupation of Cook and Chef, we thought it would be useful to write a blog which explained the differences from both the employers requirements and the employees (visa applicants) requirements.
So what does this mean for Cooks?
Cooks who are currently on existing Subclass 457 visas will be encouraged to apply for the Permanent Residency as soon as they are eligible. Please keep in mind what has been mentioned in our previous blog with regards to the recent visa changes and how current 457 visa holders applying for PR in future may be affected.
Otherwise, for those applicants who will have their Subclass 457 visas granted as a Cook after the 18th of April 2017, the DIBP have advised that you will not have a transition pathway to permanent residency . Unfortunately, this means that you have the following remaining options to qualify for PR in your trade:
- Apply under the Direct Entry stream of the ENS (186) visa explained here
- Apply under the Direct Entry stream of the RSMS (187) visa explained here
- Become skilled and qualified as a Chef and look to sponsored for either the 457, ENS or RSMS visa under that occupation (discussed below).
IMPORTANT QUESTION #1 – What type of Employer can Sponsor a Chef?
Employers will be able to sponsor a qualified chef, provided the workplace and nature of work to be completed in the nominated position has certain characteristics. To be employed as a chef, the work required to be completed must be above the normal duties and responsibilities that are required of a cook.
The difference between the occupations of chefs and cooks is made based on 2 main elements:
- the specific tasks of the nominated position and corresponding skill level; and
- the work environment
Differentiation based on Specific Tasks and Skill Level
Specific Tasks
The basic distinction is that the role of chef will only be required within an organisational structure if there is at least a cook who will be supervised by that chef. If an organisation has only a single person performing the “cooking” function, the relevant occupation is likely to be that of a cook. This is because in these circumstances, it is likely that the person will spend most of their time on cooking, rather than managerial tasks. If the Employer believes that a stand-alone cooking role is that of a chef, the onus is on them to provide justification.
The role of chef would generally relate to a restaurant environment and would include managerial tasks such as the following:
- planning menus
- estimating cost
- managing and monitoring stocks
- supervision of preparation and presentation of food
- discussing food preparation issues with Managers, Dietitians and Kitchen and waiting staff
- preparing a number of signature dishes
- demonstration of cooking techniques
- recruiting and training staff
- explaining and enforcing hygiene regulations.
Fundamentally, the primary role of a cook is one of cooking, whereas that of a chef is managing the kitchen with some limited, specialised cooking tasks.
Skills Level
Chefs and cooks are also differentiated on skill level under the ANZSCO framework. The occupation of chef is at skill level 2 (requiring a diploma or higher qualification) whereas the occupation of cook requires only an AQF Certificate IV or an AQF Certificate III including 2 years of on-the-job training.
Furthermore, depending on the relevant assessing authority (for the Skills Assessment), they may allow a lower qualification for both occupations provided you have sufficient work experience as well. See below for more information on ‘How do I become qualified as a Chef?’.
Differentiation based on Work Environment (including fast-food cook)
The environment in which the tasks are performed may be an indicator as to whether the occupation is actually that of a chef, cook or fast-food cook.
The occupation of chef will generally relate to a restaurant environment. It is unlikely that the tasks relating to this occupation will need to be performed in an environment such as a take away establishment or an establishment operating in a food court. Establishments providing catering services may employ chefs, depending on the nature and size of their operations.
The occupation of cook may be relevant in the case of smaller restaurants. The Department of Immigration case officers will need to assess on a case by case basis whether the tasks performed in the particular environment would require the skills of a cook.
Restaurants – ARE commonly associated with Chefs
A restaurant is defined as a food services establishment:
- that serves customers with food typically prepared by chefs and
- that has table service and seating and
- where service is generally for eating on premises and
- that covers a diversity of styles of cuisine.
Categories of restaurants include the following three:
- family style restaurants serve moderately priced food with fixed or a la carte menus; table service is usually provided and customers sit at bench-style communal tables or share dishes amongst themselves
- casual dining restaurants serve moderately priced food in a casual atmosphere; these establishments typically offer table service or buffet-style dining
- fine dining restaurants are full service establishments with menus that generally feature high quality ingredients with elaborate preparation; orders are individually prepared with attention to detail and are artistically presented on the plate
Casual dining outlets – ARE NOT commonly associated with Chefs
Casual dining outlets are food outlets that are located in shopping strips and within food courts in shopping centres. Table service is not generally provided, though some outlets may have limited seating or shared seating with other outlets (in food courts).
Some such outlets offer food items from a pre-cooked display at their counters. The food served may be cooked on the premises or brought in from a different location where the food is cooked. The range of food offered is a factor that needs to be considered, in assessing whether the preparation would involve the services of a cook. In assessing whether the business would require a cook in such an environment, DIBP case officers would ascertain who cooks the food offered and where it is cooked. If the food sold at the outlet is purchased from a supplier, the business would not be able to substantiate the need for a cook.
Some casual dining outlets may have a menu offering food items that are cooked on the premises. The range of food offered on the menu and the relative complexity of preparation of the food should be considered in assessing whether the services of a cook would be warranted.
Fast-food outlets – ARE NOT commonly associated with Chefs
Fast-food outlets typically offer items that are simple and quick to prepare.
Typically, these outlets:
- operate in chains or as franchises and
- are heavily advertised and
- offer limited menus and
- offer speed, convenience, and familiarity to diners who may eat in the outlet or take their food away and
- do not generally employ qualified chefs and
- prepare food according to a standardised format for distribution from a central location and
- serve food in a packaged form (although some outlets may provide cutlery and crockery for customers dining in the establishment) and
- do not offer table service.
The food preparation work carried out in a fast-food outlet would generally require the skills of a fast-food cook, rather than a cook.
Occupational Caveats – enforced from 19 April 2017
In addition to the above, from 19 April 2019, occupational caveats where introduced as additional requirement for employers looking to nominate the occupations of Chef (ANZSCO 351311). Accordingly, these caveats act as follows:
Excludes positions involved in mass production in a factory setting or positions in a limited service restaurant; and
A limited service restaurant includes, but is not limited to, the following:
o Fast food or takeaway food services
o Fast casual restaurants
o Drinking establishments that offer only a limited food service
o Limited service cafes including, but not limited to, coffee shops or mall cafes
o Limited service pizza restaurants
These occupational caveats confirm the DIBP policy position on some of the tasks and duties performed in Casual Dining Outlets (as mentioned above). Whilst Casual Dining Outlets have not been explicitly excluded in the ceveat, it has certainty restricted to what is defined as an acceptable work environment for Chefs.
IMPORTANT QUESTION #2 – What do I need to be sponsored as a Chef?
Assuming your employers restaurant fits within the description above and that the workplace is eligible to sponsor Chefs, the next question is what do you need as an applicant to apply under the occupation of Cook.
The answer to this question depends primarily on what visa you are trying to be applied for.
If Applying for Subclass 457 Visa
- You will need to meet the general visa application requirements, click here to understand the basic requirements.
- The occupation of chefs under the ANZSCO framework usually requires the skill level 2 (requiring a diploma or higher qualification). However, they will also accept at least 3 years’ relevant experience to substitute for the formal qualifications.
In addition to above, if applying with a passport from a list of countries listed here, the DIBP will require a 457 Skills Assessment from the assessing authority TRA. Basically, the TRA will require you to go through the 457 applicant guidelines and normal process of applying for a Skills Assessment depending on how you obtained your qualifications. See below:
If Applying for Subclass 186 ENS Visa
- You will need to meet the general Subclass 186 visa requirements, click here to understand the basic requirements.
- If applying under the TRT stream then NO Skills Assessment needed.
- If applying under the DE stream, you will require skills assessment + at least 3 years skilled employment + Competent English (unless an exemption applies).
- The process in applying for a Skills Assessment will also depend on which country you are from – for instance, if you are from any of the following countries, you would apply though:
Pathway #1 – Offshore Skills Assessment Program (OSAP) through VETASSESS:
Counties listed below will apply for Skills Assessment through VETASSESS.
- Brazil, China, Fiji, Hong Kong SAR, India, Iran, Ireland, Macau SAR, Papua New Guinea, Philippines, Republic of Korea, South Africa, Sri Lanka, Thailand, United Arab Emirates, United Kingdom, Vietnam and Zimbabwe.
For Chefs – VETASSESS requires Certificate IV in Commercial or Asian Cookery and have at least 5 years’ experience in your occupation at the skill level required. This may include time spent in training. Your evidence must show you have worked in your occupation in the last 3 years and must be able to be verified.
After assessing your work experience and relevant qualifications, VETASSESS will be able to determine if you are suitable for a migration skills assessment as a Chef.
To obtain further information please see the VETASSESS fact sheets here.
Pathway #2 – Migration Skills Assessment (MSA) through Trades Recognition Australia (TRA)
- For applicants NOT listed in the above countries please see guidelines here for the MSA Skills Assessment.
- For occupation of Chef – TRA requires Certificate IV in Asian Cookery or Commercial Cookery (see here) AND 3 years full-time employment AFTER qualification issue date for domestic/internationally awarded qualifications OR 6 years full-time for Australian issued RPL (where employment can be before or after qualification).
- The Skilled Date according to the TRA MSA Guidelines (and therefore relevant/counted experience), is from the date you gained a Recognised International or Australian Qualification.
- Further TRA does NOT accept work experience as a substitution for a qualification. If you do NOT have relevant qualifications, you will need to undertake ‘Recognition of Prior Learning’ (RPL) courses with a Registered Training Organisation (RTO) prior to applying to TRA.
If Applying for Subclass 187 RSMS Visa
- You will need to meet the general Subclass 187 visa requirements, click here to understand the basic requirements.
- If applying under the TRT stream then NO Skills Assessment needed.
- If applying under the DE stream, you will require skills assessment + at least 3 years skilled employment + Competent English (unless an exemption applies).
- The process in applying for a Skills Assessment will also depend on which country you are from – for instance, if you are from any of the following countries, you would apply though:
Pathway #1 – Offshore Skills Assessment Program (OSAP) through VETASSES
Originally Published here: How to be Sponsored as a Chef, and NOT as a Cook!
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