Caveat on the Chef Occupation: What You Need to Know

Caveats are restrictions imposed on certain occupations under specific visa subclasses. If you are a Chef (ANZSCO 351311) pursuing a sponsored visa, or a hospitality business owner seeking to sponsor a chef, it’s important to understand the caveats that may apply to this occupation.

This article explains the current restrictions relevant to the Chef occupation and helps prepare both chefs and employer sponsors to ensure eligibility and compliance when lodging a visa application.

Which Visa Subclasses Are Affected by the Chef Caveats?

The Chef occupation is subject to caveats under the following employer-sponsored visa subclasses:

• Skills in Demand (subclass 482) visa in the Core Skills stream; and
• Employer Nomination Scheme (subclass 186) visa in the Direct Entry stream.

These caveats place restrictions on both the position being offered and the nature of the sponsoring business, meaning that some employer-sponsored applications may not be eligible under these subclasses, even if the occupation appears on the relevant skilled occupation list.

What Are the Caveats for the Chef Occupation?

There are two main caveats that apply to the Chef occupation:

1.    Low-Skilled Tasks – Restriction on the Position

This caveat excludes any position involved in mass production in a factory setting, such as those where food is prepared using assembly-line techniques. These positions may involve a high degree of automation and are not recognised as skilled roles for visa purposes.

The Department of Home Affairs expects a chef role to involve a diverse range of duties that require skill, experience, and independent judgment in a commercial kitchen setting, rather than repetitive, low-skilled tasks typically performed in a production-line environment.

2.    Limited-Service Restaurant – Restriction on the Employer

This caveat excludes employers operating limited-service restaurants, which are generally not considered suitable to support skilled chef positions for sponsorship purposes. Examples of excluded businesses include:

• Fast food or takeaway food services – Outlets offering quick-to-prepare or pre-cooked meals.
• Fast casual restaurants – Venues with some upgraded features compared to fast food but no full table service. These often serve partially prepared or mass-produced menu items.
• Drinking establishments with limited food service – Bars, pubs or beer halls that provide minimal food options, such as chips, basic pizza, or tacos.
• Limited-service cafes – Coffee shops or mall cafés that do not have a full commercial kitchen and serve a basic menu (e.g., sandwiches, cakes, or pastries).
• Limited-service pizza restaurants – Outlets with small menus and pre-prepared ingredients, offering no table service and serving food directly in takeaway boxes.

The Department of Home Affairs expects the sponsoring establishment to meet the definition of a full-service restaurant and to offer a genuine chef role for the application to be approved.

Does This Affect You or Your Business?

If the sponsoring restaurant is a full-service establishment, it is usually clear that the caveats do not apply. However, if the business model sits somewhere between full and limited service, the eligibility of the chef sponsorship may be in question.

Whether you are a chef seeking a visa or a hospitality business owner wanting to sponsor a chef, it is crucial to seek professional advice before proceeding. This can help avoid unnecessary refusals, delays, or complications with the Department of Home Affairs.

Need Assistance?

If you are unsure how the chef caveats affect your situation, whether as a visa applicant or a potential sponsor, our experienced Migration Lawyers at Ramsden Lawyers can guide you through the entire process, including sponsorship, nomination, and visa application. We will assess whether the nominated position and business meet eligibility requirements and provide tailored advice to ensure compliance with the relevant caveats. Please do not hestiate to contact us today to schedule a initial consultation.