Changing ANZSCO code of SMC and its influence

[Nonkul Winn]

Hi everyone!

I had a couple of questions about changing the ANZSCO code of a submitted SMC and its potential influence on an Essential Skills Work Visa based on the same code. I have been looking for similar threads in our forum but my case might be a bit different

Some background:

• Skilled Migrant Category Resident Visa (SMC) application: submitted last year, no CO assigned
• Current visa: one-year Essential Skills Work Visa (ESWV) gained this year. It was granted as per WK3.20.10 Determining an Essential Skills work visa application where an applicant is awaiting a Skilled Migrant Category decision . The ANSCO code that I have claimed did not go through a detailed assessment, but was accepted at face value instead. (No labour market test was done, either.)
• The ESWV has conditions - I may only work for my current occupation.
• Both SMC & ESWV are based on the same ANZSCO code, same job title & same job descriptions.

Problem
Recently I found another ANZSCO code that seems to match my job descriptions better - although it has a different occupation name to my job title given by my employer.

The new ANZSCO code sits in a neighbouring “unit group” (same first 3 digits) and covers more tasks than the one I selected as my SMC & ESWV basis.

So I am considering updating the ANZSCO code of my SMC, and this would be the only change.

Some questions:

1. Can I inform immigration of the change to my ANZSCO code in SMC?
2. If yes, does my employer need to fill in the supplementary form (INZ1113) again with the new ANZSCO code?
3. If the new ANZSCO code is accepted and updated onto my SMC, would it affect my ESWV which is still based on the old ANZSCO code?
4. What shall I do if it does affect ESWV? (The variation of visa application seems not applicable to me, because my occupation, employer & location remain unchanged.)

Thanks in advance!

[EGoodhue]

Which ANZSCO code did you originally put for your SMC application and use for your ESWV application?

And which ANZSCO are you thinking to change to?

And what is your actual job title?

[Nonkul Winn]

Hi EGoodhue, thanks for your reply

261212 Web Developer is the ANZSCO code I originally put for my SMC application last year, and used for my ESWV application this year.
Description: "Plans, produces and maintains websites using web programming languages, software applications, technologies and databases together with specifications of user needs, often in conjunction with other ICT Professionals such as Business Analysts, Web Designers and network and usability specialists."


261313 Software Engineer is the ANZSCO that I am thinking to change to.
Description: "Designs, develops, modifies, documents, tests, implements, installs and supports software applications and systems."
This looks more general and could probably cover what "Web Developer" mostly does as well as writing software applications for other platforms.


"Web Developer" is my actual job title.

[EGoodhue]

If the only motivation for wanting to change the ANZSCO code on your SMC application is because you think the Software Engineer matches your job better, I'm not sure it's worth the risk, to be honest. The assessment of the substantial match between your job and the ANZSCO code you have claimed in your application is up to the case officer and they may find that Software Engineer matches your circumstances better by themselves - or they may be satisfied that Web Developer fits your job just fine.

I personally think there's quite a difference between Web Developer and Software Engineer from an ANZSCO perspective and I think a change from what is on your current work visa would raise a few questions with the case officer assessing your Residence application.

While it's up to you, at the end of the day, my advice would be to leave it be - once you are allocated to a case officer, you could always raise it informally with them in an email that you believe that Software Engineer could be a closer match (or perhaps that your role is a hybrid of the 2 ANZSCOs?) to your current job, but keep in mind that the case officer will assess it how they want to, regardless of what you say or do.

[Nonkul Winn]

Good evening EGoodhue,

Thank you very much for your great advice! That is really helpful.

Just out of interest, would it be a common practice for the SMC case officer to find out a better-matched ANZSCO code, if they think the code claimed in the SMC application is not a good match? Or is it an optional step?

I also had a question regarding the condition of my Essential Skills work visa: it states that I may only work as Web Developer. Does it mean most of my working hours should be spent on "Plans, produces and maintains websites”, to conform to ANZSCO code 261212 Web Developer? My job descriptions seem to cover a wider range than websites focus.

[EGoodhue]

Yes, the Immigration Officer can use their discretion to assess your employment against a different ANZSCO code if they think another one is better.

As long as you are doing the tasks and duties listed in your job description, and your job description says your job title is Web Developer, you're meeting the conditions of your visa.

[Nonkul Winn]

Hi EGoodhue, thanks a lot for enlightening me about these questions. I hope you have a good long weekend