Trades Recognition Australia Migration Skills Assessment Applicant Guidelines

| November 24, 2013 | 0 Comments

Overview of TRA Migration Skills Assessment /  May 2013

Purpose of the TRA Migration Skills Assessment Guidelines

These guidelines describe the TRA Migration Skills Assessment program and the requirements for applicantsseeking a skills assessment under the program.The primary audience for these guidelines is potential applicants for a TRA Migration Skills Assessment. Terms explained in the Glossary are bolded when they first appear in this document.

downloadThe TRA Migration Skills Assessment program is managed by Trades Recognition Australia (TRA). TRA is a business unit of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE). TRA is the relevant assessing authority for certain occupations under the Migration Regulations 1994.

TRA operates seven separate skills assessment services. Six of these are for migration purposes. It is important that you select the program that provides you with the outcome you need.

If you are interested in applying for a TRA Migration Skills Assessment, it is essential that you:

  •  check that the nominated occupation in your visa application with the Australian Department of Immigration and Citizenship (DIAC) is one that is assessed by TRA through www.immi.gov.au/asri
  • check that this program is the appropriate program for your skills assessment (see below)
  •  read the eligibility requirements for a TRA Migration Skills Assessment before starting an application.
  • This program is for applicants seeking a skills assessment for migration purposes AND who are not required to seek skills assessment through one of the TRA assessment services below:
  • Provisional Skills Assessment – required by recently graduated international students in trades and related occupations, seeking a Skilled – Graduate (Temporary) Visa (Subclass 485)
  • Job Ready Program – required by recently graduated international students in trades and associated professional occupations, seeking a skilled migration permanent residency visa
  • Offshore Skills Assessment Program – required for trade applicants for permanent skilled migration visas whose country and occupation are managed through TRA approved registered training organisations
  • 457 Skills Assessment Program – required by trade applicants for temporary (subclass 457) skilled migration visas whose country and occupation require a skills assessment
  • TRA Migration Points Advice – required for certain skilled migration visas, for applicants who already have a successful skills assessment and require points advice for a visa application.

These guidelines do not provide information on visas or points requirements for migration. All enquiries about migration requirements must be directed to DIAC (www.immi.gov.au).

TRA reserves the right to amend these guidelines as needed. Information about changes to the guidelines will be documented in the ‘Document change history’ table on page 2.

TRA Migration Skills Assessment Summary

A TRA Migration Skills Assessment is an assessment of your qualification/s and employment to determine whether you have skills and experience comparable to Australian industry standards for your nominated occupation.

You should check with DIAC regarding the eligibility requirements for the skilled migration visa you seek before submitting an application to TRA for a skills assessment.

Program objective

The TRA Migration Skills Assessment program aims to ensure that your qualifications, skills and employment experience are comparable with and relevant to the Australian industry standards for a skilled worker in your nominated occupation.

Relevant legislation

TRA is the assessing authority for a range of trade and associate professional occupations under the Migration Regulations 1994.

Regulation 2.26B(2) of the Migration Regulations 1994 provides that “the standards against which the skills of a person are assessed by a relevant assessing authority for a skilled occupation must be the standards set by the relevant assessing authority for the skilled occupation”.

Program delivery

TRA is responsible for the delivery of the TRA Migration Skills Assessment program.

Fees payable for the TRA Migration Skills Assessment

TRA manages TRA Migration Skills Assessments on a cost-recovery basis in accordance with the Australian Government Cost Recovery Guidelines. Table 1 lists the fees payable by you (all amounts in these guidelines are in Australian dollars). All fees are paid to TRA unless otherwise specified. The fees paid to TRA do not attract Goods and Services Tax (GST)[1].

Table 1         Fee payable for the TRA migration skills assessment

Fee Type

Fee

When PayablePayment Method
STANDARD FEES
TRA Migration Skills Assessment

$1,000

Before you submit your application.Online by Visa or MasterCard credit/debit card.
OTHER FEES
TRA Migration Skills Assessment Review

$900

Only payable if you lodge an application for a TRA Migration Skills Assessment review.

The fee will be refunded if the original assessment outcome is overturned. based solely on the evidence originally provided in the application under review

Online by Visa or MasterCard credit/debit card.A Review Request Form is available from the TRA website. Refer to the TRA Review Policy available from the TRA website (www.innovation.gov.au/tra).

Paying fees

Payments for TRA services are made online by Visa or MasterCard credit/debit card through the TRA Online Portal (https://extranet.deewr.gov.au/trades/Interface/Pages/Security/Logon.aspx).

Online payments are processed securely using the Government EasyPay service operated by the Reserve Bank of Australia.

If you are unable to pay by Visa or MasterCard, please contact TRA about alternate payments methods.  Do not send your application form until we have advised you how to pay.

If your application is received without a valid payment, your application will be returned without being assessed.

Refunds

Refunds will not be provided if you choose to withdraw your application.

TRA provides refunds in other limited circumstances. The circumstances in which TRA will refund a payment are detailed in the TRA Refund Policy available on our website (www.innovation.gov.au/tra).

TRA roles and responsibilities

The roles and responsibilities of TRA in relation to the TRA Migration Skills Assessment include:

  • responding to enquiries about the program
  • notifying applicants of receipt and outcome of applications
  • assessing applications involving:
  • validating your qualification/s and assessing the comparability of your qualification with the Australian qualification required for your nominated occupation in Australia
  • validating that your employment claims are genuine, at therequired skilled level, and comparable with and relevant to the skill level required for your nominated occupation in Australia
  • providing advice about applications
  • conducting reviews when requested
  • responding to stakeholder feedback
  • managing the integrity of the program
  • adhering to the Australian Public Service Code of Conducthttp://www.apsc.gov.au/aps-employment-policy-and-advice/aps-values-and-code-of-conduct/code-of-conduct

Applicant roles and responsibilities

You must commit to the program by:

  • accurately and honestly completing the application and declaration forms required for the program
  • providing authentic, valid, relevant and sufficient evidence to support your claims of training and employment detailed in your application
  • paying the required fee for the skills assessment.

Authorised representatives for Migration Skills Assessment applicants

You are not required to nominate a migration agent or representative for a TRA Migration Skills Assessment, although you may.

If you are considering engaging an agent, you can find advice and information about the use of migration agents in Australia on the DIAC website at www.immi.gov.au/visas/migration-agents/migration-agents-in-australia.htm.

If you engage an agent or representative to assist you with your application, you must provide TRA with a signed Nomination of an Agent or Representativeform (or similar correspondence). This will allow TRA to provide information about your application to your nominated agent. TRA will not provide any information about your application to your nominated agent without your authority in writing to do so.

You must notify TRA in writing each time you appoint or change an agent or representative. This advice will replace any previous agent or representative details held on your TRA file.

The form is available under the contact us link on the TRA website (www.innovation.gov.au/tra).

Privacy

All personal information collected by TRA is protected by the Privacy Act 1988 (Privacy Act). Section 14 of the Privacy Act contains the Information Privacy Principles (IPPs) which prescribe the rules for handling personal information.

The Privacy Act defines ‘personal information’ as ‘information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion’.

More information about the Privacy Act, including a copy of the full text of the IPPs, can be obtained from the Office of the Australian Information Commissioner’s website at: www.oaic.gov.au.

TRA collects personal information from applicants for the purposes of:

  • processing applications, verifying evidence provided with applications, and assessing whether applicants have suitable skills in a nominated occupation
  • conducting investigations and ensuring compliance with relevant laws, awards or standards and
  • ensuring compliance with the Commonwealth Fraud Control Guidelines (2002).

TRA may give some or all of the information it collects to DIAC, the Australian Federal Police, your employer/s, your supervisor/s, your nominated agent or representative, the organisations that issued your qualifications, TRA approved RTOs, agencies providing advice to TRA on qualifications such as UK NARIC, organisations or individuals providing in-country verification services, contractors, the Fair Work Ombudsman and other Australian and state/territory government agencies for the above purposes.

Applicants are responsible for ensuring the accuracy and validity of all information provided to TRA.

When you provide personal information in relation to the Department’s services, we will allow you access to your personal information and we will correct your personal information if it is inaccurate (subject to restrictions on such access/alteration of records under the applicable provisions of any law of the Commonwealth).

The information collected by TRA will not be used for any other purpose or disclosed to any other person or organisation unless such a use and disclosure is authorised under the Privacy Act 1988.

Complaints about breaches of privacy should be referred to:

Privacy Contact Officer
Legal Branch
Corporate Division
Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education
GPO Box 9839
CANBERRA ACT 2601
AUSTRALIA

Privacy complaints can also be made directly to the Office of the Australian Information Commissioner.

False or misleading information

TRA will take reasonable steps to independently validate the information you supply in your TRA Migration Skills Assessment application.

You are responsible for ensuring the accuracy and validity of all information provided to TRA.

However, if TRA determines at a later date that information previously supplied is false, misleading, non-factual or simply incorrect, and that in relying on that information TRA has incorrectly assessed you as successful, TRA may write to you to advise that the assessment is no longer considered successful. TRA will advise DIAC accordingly.

TRA may refer such matters to the appropriate authorities for investigation where information provided to support an application is known or believed to be false.

NOTE: Penalties under the Crimes Act 1914 and the Criminal Code Act 1995 may apply for making false or misleading statements and providing false or misleading information or documents.

Certification of documents and statutory declarations

TRA must be able to validate, to its satisfaction, the content and authenticity of all documents that you provide.

Certified documents

Original documents must not be sent to TRA. All documents in support of your application must be certified copies of original documents.

A certified copy is a true copy of an original document that has been seen and certified by a person listed on the Australian Attorney-General’s website or a registered migration agent and annotated as follows:

 ‘I certify that I have sighted the original document and this is a true copy of it.’

This certification must be made on a copy of the original documentation and include the certifier’s name, title and registration number (where applicable), their original signature and the date. Copies of signatures will not be acceptable.

If a document has multiple pages, the first page must include the signature and date of the certifier, as well as the total number of pages of the document. Every page in the document must have the original initial of the certifier and the date.

If you have documents certified in Australia, TRA will only accept documents certified by an Australian registered migration agent or people who are listed in Schedule 2 of the Statutory Declarations Regulations 1993, which is available through the Australian Attorney-General’s Department website (http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx).

If you have documents certified outside Australia, certified copies are copies authorised, or stamped as being true copies of originals, by a person or agency recognised by the law of the country in which you currently reside or documents certified by an Australian registered migration agent.

Statutory declarations

A statutory declaration is a written statement that allows person to declare something to be true. Statutory declarations may also be referred to as an affidavit, sworn statement or similar legal declaration.

TRA will accept statutory declarations from applicants as a part of evidence sought for employment and/or qualifications. However, a statutory declaration on its own will not provide sufficient evidence to TRA of claims for employment and/or the attainment of qualifications.

All statutory declarations must:

·         be accompanied by additional third-party evidence that can be independently verified by TRA, and

·         include the reason why the statutory declaration is being provided instead of certified copies of original documents.

In all instances, the declaration must have your signature witnessed by a legal authority in the country where the declaration was made.

In Australia, all statutory declarations made in Australia must be signed by a person who is listed in Schedule 2 of the Statutory Declarations Regulations 1993, which is available through the Australian Attorney-General’s Department website (http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx).

If you are supplying a statutory declaration from outside Australia, statutory declarations must be signed and stamped by a person with authority to do so as recognised by the law of the country where the declaration is being made.

TRA Migration Points Advice

DIAC introduced a new migration points test for certain skilled migration visas on 1 July 2011. The points test recognises a range of skills and attributes.

TRA will expect that you have a successful skills assessment outcome before you lodge an application for Migration Points Advice with TRA.

TRA is responsible for providing advice for the points test about:

  • skilled employment, and
  • qualifications obtained in Australia and overseas

TRA is not responsible for awarding points.

The awarding of points for the skilled migration points test remains at the discretion of delegated officers of DIAC.

Detailed information about the points test is available on the DIAC website (www.immi.gov.au).

TRA Migration Skills Assessment requirements and processes

Overview of the TRA Migration Skills Assessment

The TRA Migration Skills Assessment involves an assessment of your qualification/s and employment history to determine whether they are comparable with Australian standards for a skilled worker in your nominated occupation.

TRA will assess documents you provide as evidence of your qualifications/apprenticeship and employment in your nominated occupation.

Purpose of the TRA Migration Skills Assessment

The TRA Migration Skills Assessment can be requested to meet the skills assessment requirement specified by DIAC for permanent skilled migration.

You should check with DIAC before submitting an application to TRA to ensure that you have selected the appropriate skills assessment for the visa you are seeking, and that TRA is the correct assessing authority for your nominated occupation.

Nominated occupation for the TRA Migration Skills Assessment

Your nominated occupation for the TRA Migration Skills Assessment must be:

Information about occupations in Australia is available from a number of sources including:

Eligibility for a TRA Migration Skills Assessment

To receive a positive TRA Migration Skills Assessment outcome you must provide documents to show that you:

  • are from a country and in an occupation covered by the TRA Migration Skills Assessment program
  • have a qualification comparable to the Australian qualification for your nominated occupation
    or
    have completed an apprenticeship comparable to the Australian apprenticeship for your nominated occupation
  • have completed three years of full-time (or equivalent part-time) paid employment in your nominated occupation at the required skill level
  • have completed at least 12 months of full-time (or equivalent part-time) paid employment in your nominated occupation, or in a closely related occupation where you are required to maintain your skill level for the nominated occupation, in the two years immediately before applying
  • have paid the $1,000 TRA Migration Skills Assessment fee.

The TRA Migration Skills Assessment process

You must adhere to the following process to be eligible for a successful TRA Migration Skills Assessment.

Complete application form

To apply for a TRA Migration Skills Assessment, you must complete a TRA Migration Skills Assessment Application Form available from the TRA website (www.innovation.gov.au/tra).

You can complete the application form online or you can save the form on your computer as a word document.

You must print the application form, sign and send it together with your required documents and evidence of payment of the required application fee. You must sign and date the form before you post it to TRA. Refer to section 1.7 for information about paying fees.

Your application must be decision ready for assessment by TRA.

Decision readymeans that your application has:

  • all the mandatory fields completed
  • all the required documents attached to the application form as evidence of the qualification and employment claims made in your application
  • been signed and dated by you.

You must also attach evidence of payment of the required application fee to your application.

It is your responsibility to ensure that your application is correct, accurate and complete before you submit it to TRA.

TRA does not contact applicants for additional information

If you engage an agent or representative to help you to complete the TRA Migration Skills Assessment application, you will be required to provide their details in Part 3 of the Application Form or notify TRA in writing by completing the Nomination of an Agent or Representative form available on the TRA website (or similar correspondence).

Skills assessment application fees

The TRA Migration Skills Assessment fee payable to TRA is $1,000. Refer to Section 1.7 for information about paying fees.

Supporting documents

You are required to provide the following documents with your application for a valid TRA Migration Skills Assessment:

  • a completed application form which is signed and dated
  • a certified copy of the biographical identity page of your valid passport. If your passport does not contain a photograph, you must also send a certified passport photograph of yourself
  • certified copies of
  1. your qualification and/or apprenticeship documents such as final certificates or diplomas relevant to your nominated occupation
  2. a full academic transcriptof results, including the start and end date of your qualification/award (resulting from either training and/or assessment)
  3. evidence of the nature and content of the qualification/award including subjects achieved. The evidence should describe the content of each subject and any machines, tools and equipment used
  4. contact details for the organisation issuing the qualification
  • certified employment statements that can be independently validated. Employment statements must include all the requirements in Section 2.8
  • evidence of payment of the application fee.

You must ensure that TRA receives all of the required documents with your application.

You may provide a statutory declaration with your application as partial evidence of your employment and/or qualification attainment. Refer to Section 1.14 for information about statutory declarations.

A statutory declaration will not be accepted on its own as evidence of employment or training. You must also provide some form of third party evidence that can be independently verified by TRA to support the claims made in the statutory declaration.

Certifying documents

You must have all documents certified by a certifying officer who meets the requirements set out in Section 1.14 of these guidelines.

Do not send original documents to TRA. TRA will not be liable for the return of original documents.

Translating documents

Documents submitted as evidence that are not in English must be in their original language accompanied by an English translation.

Translating Documents in Australia

If you have documents translated in Australia, acceptable translations may be obtained from translators accredited with the National Accreditation Authority for Translators and Interpreters (NAATI). Details of these translators can be found in the Yellow Pages or the telephone directory under ‘Translations’ or on NAATI’s website at www.naati.com.au.

Make sure you check the translator’s accreditation by either calling NAATI on 1300 557 470 or asking to see the translator’s letter or certificate of accreditation as a translator in the language and checking the translator’s identification card from NAATI. Translations done by NAATI accredited translators must include the translator’s name, NAATI identification number and accreditation status.

Translating Documents outside Australia

If you have documents translated outside Australia, the translator must be approved by the authorities in the country where the translation is made. Ask your nearest Australian Embassy, High Commission or Consulate for advice if you are unsure.

Overseas translations must be on the organisation’s letterhead and include an official stamp and the translator’s name (all in block letters), signature and contact telephone number legibly printed below the signature.

This information is required so that TRA can contact the translator if necessary to verify the translated documents.

Assessment of your application

A TRA Migration Skills Assessment will generally be completed within 60 working days of receipt of the required documents.

A TRA Migration Skills Assessment will involve the following:

·         validation of documents provided by you

·         comparing the qualification documents you provide with the requirements for the relevant AQF qualifications/ apprenticeships in Australia

·         comparing your employment history with the requirements for a skilled worker in your nominated occupation in Australia

·         notifying you of the outcome of the assessment by letter.

The onus is on you, the applicant, to provide TRA with sufficient, valid documents to support your claims for a comparable qualification and employment at the required skill level.

You will not be successful in a TRA Migration Skills Assessment if the documents you provided to TRA:

·         are not relevant to your nominated occupation

·         contain insufficient detail for TRA to be satisfied that you meet the TRA Migration Skills Assessment eligibility requirements

·         cannot be validated to TRA’s satisfaction as being a true and accurate record of your qualifications and/or employment

or

·         are found to contain false or misleading information.

Review of Assessment

If you do not agree with an assessment outcome, you can lodge an application for a TRA Migration Skills Assessment review. A fee of $900 applies.

You will receive the Application for Review form when you are sent your TRA Migration Skills Assessment outcome letter after the assessment is finalised.

Further information can be found in the TRA Assessment Review Policy on our website: www.innovation.gov.au/tra.

Meeting the eligibility requirements: qualifications

Your qualification will be recognised as comparable to the relevant Australian qualification if TRA is able to validate that the qualification is:

·         at a level comparable to the Australian qualification required for the occupation

·         at a quality standard comparable to Australian qualifications

·         relevant to the nominated occupation.

In determining comparability of the level and quality standard of qualifications we will apply the relevant principles set out in the Australian Qualifications Framework (AQF) Principles and Processes for the Alignment of the AQF with International Qualifications Frameworks.

In summary, these principles include (but are not limited to) that:

·         the AQF will not be adapted to suit another nation’s or region’s requirement

·         alignment will usually be between the AQF and another national or regional qualifications framework, or if these do not exist, between the AQF and another national or regional qualifications system

·         there is a clear and demonstrable link between the qualifications levels in the AQF and the levels in the national or regional qualifications framework (or system)

·         national or regional qualifications frameworks and qualifications are based on the principles and objectives of learning outcomes and volume of learning that are comparable to the learning outcomes in the AQF

·         procedures for inclusion of qualifications in the relevant national or regional qualification framework or system are transparent

·         international experts are consulted to support and assist in the development of reliable outcomes.

For additional details see www.aqf.edu.au.

Documents required as evidence of a qualification

The following documents must be provided as evidence of a qualification:

·         a certified copy of the qualification

·         a certified copy of the academic transcript for the qualification

·         you may also wish to provide other documents which provide further detail regarding the entries included in the academic transcript.

You may provide a statutory declaration with your application as partial evidence of your training and qualification attainment. However, a statutory declaration alone will not be considered by TRA to meet the evidence requirements for qualification documentation. You must also provide some additional form of third party evidence that can be independently verified by TRA, for example a letter from an authorised person at the institution that issued your award.

To ensure a valid and reliable assessment of your qualification, statutory declarations and letters issued by training institutions must include the following details:

·         name and level of award

·         date award issued

·         start and end date of training period

·         name and contact details of issuing institution/authority

·         a list of the subjects you completed to be eligible for the award

·         any other details that may assist TRA to verify the qualification

Qualification is at a level comparable to an Australian qualification

To determine whether your qualification is at a level comparable to the relevant Australian qualification for your nominated occupation, we will refer to a range of Australian and international government and other authoritative sources.

We will require you to have completed a minimum of nine years of compulsory general education prior to undertaking and completing a qualification that includes a volume of learning comparable to the relevant Australian qualification for the occupation.

The level of an Australian qualification required for an occupation in Australia will generally be specified in industry-endorsed Training Packages. Occupations that we assess are generally at either an AQF level of Certificate III, Certificate IV or Diploma.

Qualification is at a comparable quality standard to an Australian qualification

To determine whether your qualification is of a comparable quality standard to the relevant Australian qualification for your nominated occupation, we will compare the vocational education and training system from the country where the qualification was awarded to Australia’s training system.

The central features of Australia’s vocational education and training system include:

·         a national qualifications framework

·         Australian laws to regulate vocational education and training (VET)

·         a formal, government managed system for assuring the quality and standard of qualifications issued by training providers·         a formal, government managed system for assuring the quality of training providers

·         national recognition of qualifications issued by registered training organisations

·         industry involvement in the training system.

In determining whether a qualification is of a comparable quality standard, we will consider whether the country’s vocational training system has:

·         a structured qualifications system or framework

·         a government-led system of training provider quality assurance

·         a government-led system for accrediting/endorsing qualifications

·         established relationships with industry/employer organisations to provide input into training provider delivery

·         formal recognition of the qualification in the country of issuance.

Qualification is relevant to the nominated occupation

To determine whether your qualification is relevant to the nominated occupation, we will assess your qualification and academic transcript to determine if the content of your qualification is comparable to the learning outcomes required for the relevant Australian qualification for the nominated occupation in Australia.

The evidence you provide should describe the content of each subject/component completed and any machines, tools and equipment you used to gain your qualification.

We will refer to Australian industry-endorsed Training Packages to determine whether your qualification is relevant to your nominated occupation in Australia.

Meeting the eligibility requirements: apprenticeships

An apprenticeship will be recognised as meeting the eligibility requirements if it is:

·         at a level comparable to the relevant Australian apprenticeship required for the occupation

·         at a quality standard comparable to Australian apprenticeships

·         relevant to the nominated occupation.

We will consider the following:

·         Was an award or qualification issued as a result of the apprenticeship?

·         Did the apprenticeship involve a combination of paid employment and off-the-job training?

·         Is the apprenticeship supported by approved government and industry bodies?

·         Was the content and duration of the apprenticeship sufficient to develop competence to a comparable standard?

Documents required as evidence of an apprenticeship

The following documents must be provided as evidence of an apprenticeship:

·         a certified copy of the apprenticeship qualification or award

·         a certified copy of the academic transcript for the apprenticeship qualification or award

·         evidence of paid employment during the apprenticeship, such as formal recognition that the employment is directly linked to the apprenticeship.

You may provide a statutory declaration with your application as partial evidence of your apprenticeship. However, a statutory declaration will not be considered on its own by TRA instead of the required apprenticeship documentation. You must also provide some additional form of third party evidence that can be independently verified by TRA, for example a letter from an authorised person at the institution that issued your award, an employment statement and evidence of paid employment during your apprenticeship.

To ensure a valid and reliable assessment of your apprenticeship, statutory declarations and letters issued by training institutions and employers must include the following details:

·         name and level of award issued upon completion of apprenticeship

·         date award issued

·         start and end date of training period

·         name and contact details of issuing institution/authority

·         a list of the subjects you completed to be eligible for the award

·         details of your employment and training arrangements

·         any other details that may assist TRA to verify the apprenticeship

Qualification or award resulting from apprenticeship

The qualification or award arising from the apprenticeship must be comparable to the relevant Australian qualification for your nominated occupation. Refer to Section 2.6 for more information about this.

Qualifications or awards must be granted through a government-regulated system.

The qualification or award must be relevant to your nominated occupation.

Combination of paid employment and off-the-job training

Your apprenticeship must have involved a combination of paid employment and off-the-job training.

Evidence of paid employment may include:

·         training documentation that lists the employer

·         payslips from an employer during the period of your apprenticeship training

·         employment statements from your employers stating that you were employed under supervision for the duration of the apprenticeship training.

Content of apprenticeship was supported by government and approved industry bodies

Your apprenticeship must have been awarded through a program that was regulated and quality assured by the government of the country where the apprenticeship was completed.

TRA will source evidence of involvement by government, employers, employees and/or education authorities in determining the content of the apprenticeship program. TRA recognises that countries may differ in the ways in which these parties are involved.

Duration of apprenticeship was sufficient to develop competence

To ensure an apprenticeship is of sufficient duration to develop competence it must include a period of employment and off-the-job training comparable to that required for an Australian apprenticeship.

Meeting the eligibility requirements: employment

Employment will be recognised as meeting the TRA Migration Skills Assessment requirements if it is:

·         paid, full-time (or equivalent) employment

·         relevant to the nominated occupation

·         performed at the required skill level for Australian industry standards

·         for at least three years, including 12 months in the last two years.

Documents required as evidence of employment

The following documents must be provided as evidence of employment:

·         employment statements for all employment claimed or a personal statement (if claiming self employment)

·         details of your employment history in your own words

·         other certified evidence of being employed such as pay slips, tax documents or superannuation documents

·         other documents listed in Section 2.8.7 if you are claiming self employment

·         you may wish to also provide any other evidence that can substantiate your claims for employment at the required skill level.

You may include a statutory declaration as partial evidence of your employment with your application. However, a statutory declaration will not be considered by TRA on its own as evidence of your employment. You must also provide an additional form of third party evidence that can be independently verified by TRA, for example taxation documents citing the name of the employer, or letters of appointment, past references, performance reviews, etc issued by an authorised person of the business.

To ensure a valid and reliable assessment of your employment, statutory declarations must include all the details listed in Section 2.8.6 (if an employee) and Section 2.8.7 (if self employed).

NOTE: If you are seeking recognition of employment undertaken prior to gaining an AQF qualification via a recognition of prior learning process (as described in Section 2.8.4), your evidence must also demonstrate that you were employed in directly related and relevant employment to the occupation for a period of not less than three years under the supervision of a tradesperson/employer.

Full-time (or equivalent) paid employment

Full-time (or Equivalent part-time) Employment

TRA considers full-time employment as ongoing employment working the required number of hours considered full-time in the country where the employment was undertaken. Fair Work Australia considers full-time employment in Australia as 38 hours per week, unless a particular industrial award specifies otherwise.

If your country of employment operates under different arrangements for full-time work from that required in Australia, you must provide evidence to TRA with your application that can be independently validated.

Acceptable evidence may include a statutory declaration from your employer or an extract from an official government website or document.

Note: Evidence of employment undertaken on a part-time basis will be considered and counted toward employment requirement on a pro-rata basis.

Paid Employment

Employment is considered to be paid when an employer pays you wages commensurate with the skill level required for the employment undertaken. If you are self employed, employment is considered paid if you charge fees commensurate with the skill level required for the services you provide.

TRA requires sufficient evidence of paid employment to verify that your employment was full-time (or equivalent part-time) and at the required skill level for your occupation in Australia.

TRA will require at least one primary source of evidence or a minimum of two secondary sources of evidence for each year and each period of employment being claimed. Additional evidence may also be requested.

Primarysources of evidence may include:

·         Tax records that cite the name of the applicant and the employer

·         Annual payment summaries/Group certificates that cite the name of the applicant and the employer

·         Pay slips that include the name of the employer, commencement date of the employment and year to date income information

·         Superannuation documents that cite the name of the applicant and the name of the employer

·         Annual/company returns (for self employed applicants) with an accompanying accountant statement

Secondary sources of evidence may include:

·         Pay slips (without details of commencement date or year to date income information)

·         Advice regarding wages paid in an employer statement (in accordance with Section 2.8.6)

·         A certified statement from your registered/certified accountant.

·         Letters from taxation offices that do not contain the name of the employer

·         Bank statements showing income deposited from employment

You may wish to provide other evidence to substantiate your claims of paid employment.

Employment is relevant and at the required skill level for your nominated occupation

TRA generally considers that skilled employment is undertaken after the issuance of a qualification which is formally recognised as comparable to the Australian qualification required for the occupation in Australia.

Employment will be considered relevant to your nominated occupation if your employment statement/s demonstrate that you have performed tasks comparable to those undertaken in the nominated occupation in Australia.

Employment will be considered at the required skill level for your nominated occupation if you provide evidence that you have worked in the occupation at a skill level comparable to a qualified tradesperson/technician in the occupation in Australia.

We will compare the statements provided by your employers and the written description of your work in your own words in Part 8 of the application form, with the tasks specified in the Australian Government agreed sources of the descriptions of occupations, such as the Australian New Zealand Standard Classification of Occupations (ANZSCO).

Applicants who hold an aqf qualification issued via recognition of prior learning

Some applicants may have been issued with an AQF qualification recently through a recognition of prior learning (RPL) process. This may be their first comparable qualification.

Skilled employment prior to the issuance of an AQF qualification may be recognised if the employment:

·         is directly related to the nominated occupation

·         commenced after the applicant’s 16th birthday

·         includes a minimum of three (3) years full-time (or equivalent) paid employment under the direct supervision of a tradesperson/employer (an informal training period) before an additional three years full-time (or equivalent) paid employment has been completed at the required skill level for the occupation.

Skilled employment undertaken prior to and after the issuance of an AQF qualification will be considered to meet the three year requirement.

employment for at least three years, with 12 months in the last two years

To ensure that you have the skills and experience to meet the requirements of a skilled worker in an Australian workplace you are required to demonstrate that you have undertaken at least three years of employment at the skill level required for the occupation.

To ensure that your skills are current, we require you to provide evidence that you have worked for 12 months at the required skill level in your occupation, or a closely related occupation where you are required to maintain your skill level for the nominated occupation, within the last two years.

Employment as an employee

For each period of employment you are claiming as an employee, you must provide an employment statement.

Every employment statement must be signed by a person authorised to make the statement. This person may have been your employer or a direct supervisor.

Every employment statement provided to TRA or a TRA approved RTO must be unique and include:

·         the name of the business

·         the nature of the business (for example, construction company, hotel)

·         a description/overview of business and the services/products provided by the business

·         the address of business where you worked

·         when you worked there, that is start date and end date of your employment

·         the nature of your employment (full-time, part-time)

·         your normal hours of work

·         your job title (occupation)

·         a detailed description of the nature and content of the work you undertook

·         a detailed description of the machines, tools and/or equipment you used

·         the name, position, telephone and email contact details of the person authorised to make and sign the statement

·         the length of time that the person signing the statement has been supervising you must also be clearly indicated.

·         All employment statements must be signed and dated, and on letterhead used by the employer’s business where possible. If you are unable to provide employment statements on letterhead you must provide us with an explanation of why this is not possible.

·         All employment statements must be certified.

TRA or a TRA approved RTO may contact an employer to validate the information provided in an employment statement.

TRA requires you to provide a contact telephone number for every person who supplies an employment statement for you. A mobile telephone number will not be sufficient as a primary contact number unless TRA or a TRA approved RTO can validate independently that the number and person providing the statement is linked to the organisation where you were employed.

If you provide a statutory declaration for a period of employment you must include all the details listed above in the statutory declaration.

Self-employment

TRA may consider self-employed work in your nominated occupation.

If you are or have been self-employed, you must provide evidence of trade, trade-related or occupation-specific self-employment.

Your application must include a personal statement on a properly signed statutory declaration, affidavit, sworn statement or similar legal declaration (with your signature witnessed by a legal authority in your country).

Your personal statement must provide the following details:

(a)    the exact commencement and completion dates of each period of self-employment

(b)   the occupation in which you were self-employed

(c)    the nature and content of the work tasks you personally performed

(d)   the number of staff you employed and their occupations, where relevant

(e)   a description of your workshop and the tools and equipment used

(f)     a list of three clients, with contact details, for each year of self employment you are claiming.

(g)    TRA will also require you to provide the following evidence of your self-employment:

(h)   a certified copy of your business registration certificate valid for each period of self-employment you claim

(i)      a certified statement on letterhead paper from your accountant or legal representative certifying the name and nature of your business, the exact start and end dates of your self-employment and the capacity in which you were self-employed

(j)     evidence of paid employment (see Section 2.8.2 B)

(k)    certified copies of at least three statements from suppliers confirming the purchase of materials and equipment relevant to the work you were performing through your self-employment for a range of different self-employment trading periods you are claiming

(l)      certified copies of at least three quotations/invoices or contracts for clients with details of the work completed, the client details and job location for work undertaken during the period of self employment claimed. You must ensure that these documents reflect the range of work that you have undertaken in your nominated occupation over the course of the self employment period claimed

(m)certified copies of references from three clients confirming full details of the work you did for them and the dates the work was undertaken. These references must be from different clients to those mentioned in (k) above, but these clients must be included in (f) above

(n)   evidence of any trade licensing or registration and the prerequisites to obtain the licence or registration, where relevant

(o)   any other documentation that provides support for the existence and purpose of the business. This may include information such as certified copies of advertising or promotional material (including internet advertising).

    Glossary

Term used in guidelines

Definition

academic transcript

A record of all learning leading to a qualification issued by an authorised training provider.

In Australia, this may be called a ‘transcript of results’, ‘record of results’, ‘record of achievement’ or ‘statement of results’.

applicant

A person who submits an application for a TRA Migration Skills Assessment.

assessing authority

A body or organisation approved by the Minister for Education or the Minister for Employment and gazetted by DIAC as responsible for undertaking skills assessments for migration purposes.

Australian and New Zealand Standard for Classification of Occupations (ANZSCO)

ANZSCO is a system developed by the Australian Bureau of Statistics to collect, publish and analyse occupation statistics across government agencies, and the standard to capture occupation information in all visa, settlement and citizenship programs.

ANZSCO is also used within skilled visa programs, where it is a requirement for visa eligibility, as the standard by which a visa applicant’s skills to undertake a specific occupation in Australia are assessed.

Australian Qualifications Framework (AQF)

A national system of qualifications encompassing all post-compulsory education.

Current

Currency is a rule of evidence in the vocational education and training system in Australia. Evidence of recent (current) employment enables verification by TRA that an applicant is currently performing to the required industry standard for the occupation in Australia.

decision ready

An application that is on the correct application form, is signed and dated, has the correct fee and represents an applicant’s most comprehensive and strongest case for a successful assessment outcome. TRA does not contact applicants for additional information.

Department of Immigration and Citizenship (DIAC)

DIAC has responsibility for administering the Migration Act 1958 and associated regulations.

DIAC works in conjunction with DIICCSRTE to deliver skilled trades/technical people and professionals to Australia through the General Skilled Migration program.

Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE)

The Australian Government department with portfolio responsibility for industry, innovation, climate change, science, research and tertiary education.

TRA is a branch within DIICCSRTE.

employment

Full-time, part-time or casual employment from which income is earned and in which there exists an employer–employee relationship.

level

Refers to the level of a qualification formally recognised within a national/regional qualification system/framework or international classification system

migration agent

In Australia, people who want to provide immigration assistance must be registered with the Office of the Migration Agents Registration Authority.

A registered migration agent can use their knowledge of Australia’s migration procedures to offer advice or assistance to a person wishing to obtain a visa to enter or remain in Australia. They can also assist people who are nominating or sponsoring prospective visa applicants.

nominated occupation

The occupation selected by an applicant for the TRA Migration Skills Assessment.

To be accepted by TRA, this occupation must be on a Skilled Occupation List or Employer Nomination Scheme Occupation List and be an occupation assessed by TRA.

primary source

Evidence that contain vital information for verifying paid employment claims. For example, tax records or pay slips that include the name of the employer and the start date of the employment, etc.

qualification

A qualification awarded as a result of study and relevant to an occupation assessed by TRA.

quality standard

The mechanisms within a country to assure the quality of vocational training qualifications and training providers

relevant

related to the Australian standards for the nominated occupation

required skill level

The level of skills and knowledge expected for a tradesperson to operate effectively in an Australian workplace as a skilled worker.

review

A request to re-examine an application when the applicant/ participant does not agree with an assessment outcome.

secondary source

Evidence that contain vital information for verifying paid employment claims. For example, tax records, employment statements, payslips, etc.

Trades Recognition Australia (TRA)

The relevant assessing authority, under the Migration Regulations 1994, for trade and related occupations.

validation

Quality assurance processes to substantiate the claims made in applications and supporting documentary evidence.

Visa

A document that gives someone permission to travel into a specific country and stay there for a set period.

Volume of learning

The volume of learning is a dimension of the complexity of a qualification. It is used with the level criteria and qualification type descriptor to determine the depth and breadth of the learning outcomes of a qualification. The volume of learning identifies the notional duration of all activities required for the achievement of the learning outcomes specified for a particular AQF qualification type. It is expressed in equivalent full time years.

Source: www.aqf.edu.au

 Acronyms

Acronym

Meaning

ANZSCO

Australian and New Zealand Standard Classification of Occupations

AQF

Australian Qualifications Framework

ASRI

Australian Skills Recognition Information

CSOL

Consolidated Sponsored Occupation List

DEEWR

Department of Education, Employment and Workplace Relations

DIAC

Department of Immigration and Citizenship

DIICCSRTE

Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

GST

goods and services tax

IPPs

Information Privacy Principles

NAATI

National Accreditation Authority for Translators and Interpreters

RPL

Recognised Prior Learning

RTO

Registered Training Organisation

TRA

Trades Recognition Australia

VET

vocational education and training

For further information on TRA information please contact www.visaagency-australia.com or write to migration@inteducation.com

If you are interested in Australian visas, contact International Education Agency – Australia (IEAA)  for information and advice on which visa is best suited to you. You can also try our migration services to see if you are eligible to apply for a visa to Australia.



[1] GST does not apply to the fees pursuant to Section 81-15.01 of the A New Tax System (Goods and Services Tax) Regulations 1999.

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Category: immigrationtoaustralia, liveinaustralia, Skilled Regional (Provisional) visa (subclass 489), Skilled—Recognised Graduate visa (subclass 476), Study at TAFE, Study at University, studyinaustralia, Temporary Work (Long Stay) visa (subclass 401), Temporary Work (Skilled) visa (subclass 457), workinaustralia

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