Prime Minister Scott Morrison and his Party now acknowledge that migration is crucial to economic growth and prosperity.
AFTER TELLING temporary entrants to “return to their home country” at the beginning of Covid19 pandame, just 12 months ago and cutting the Migration Program ceiling by 30,000 per annum to “bust congestion” as part of his 2019 pre-election plan, Australia’s Prime Minister Scott Morrison now says we must overhaul temporary migration in the post-COVID era to fill rapidly emerging skill shortages.
Recently the Minister for Immigration Alex Hawke said that:
“Convinced that the migration program will be a huge part of how we recover from COVID.”
Treasurer Josh Frydenberg says Australia has the “opportunity to attract some of the most skilled and highly qualified individuals from across the world”.
And with no reference to the Prime Minister telling temporary entrants to go home or cutting immigration to “bust congestion”, Chair of the Joint Standing Committee on Migration, Julian Leeser, said:
“Australia needs to replace the skilled migrants that left our shores as a result of the pandemic. Without the return of skilled migration, Australia’s economic recovery will be severely hampered and it will be harder to create more jobs for Australians.”
Why Australia is changing its immigration policy? No one believes congestion has been “busted” by the recent lockdowns or that cutting the migration program by 30,000 per annum would have busted congestion. That was just Scott Morrison making up a rationale for Dutton’s earlier cut to the program, as well as a bit of convenient dog-whistling.
And if immigration is to now be increased, how will that be done? There is great potential for the Government to make a mess of this, especially if done at the same time as the Department of Home Affairs is implementing a major IT upgrade.
There are likely five main drivers for why the Morrison Government is proposing to increase immigration:
Ongoing employer anger at the changes Peter Dutton made in 2017-18 to employer-sponsored migration;
Recommendations of the Royal Commission on Aged Care will require a very substantial increase in the number of qualified aged and health care staff to bring aged care delivery to the proposed standard and to meet the increasing demands of a much larger aged care population. This increase cannot possibly be delivered solely by training more Australians;
Pressure from the agricultural and international tourism industries to address their workforce and related challenges;
Pressure from universities due to the number of university staffwho have lost their jobs following a sharp fall in revenue from overseas students and the Government’s decision to not grant universities access to JobKeeper; and
Likely advice from Treasury that further ageing of Australia’s population over the next 10-20 years will make high rates of real economic growth impossible to deliver.
Employer-sponsored skilled temporary entry visas declined significantly after the Global Financial Crisis (GFC) and then made a remarkable recovery as the stimulus into the Australian economy rapidly reduced unemployment.
The rise in unemployment from 2014 again resulted in a fall in skilled temporary visas. That decline continued as changes to this visa introduced by Peter Dutton plus a slowing in visa processing saw a large decline in 2017-18. While there was a short recovery in 2018-19, that was due to backlog clearance rather than an increase in applications. The decline continued in 2019-20 and there is likely to be a further fall in 2020-21 due to COVID.
While he will not say so, the recommendations of Julian Leeser’s Committee are designed to undo many of the changes Peter Dutton made in 2017-18. But is that the most sensible way forward?
I managed Australia’s migration and temporary entry arrangements for over a decade and can attest that employers seeking to fill a genuine skill shortage are mainly interested in speed, flexibility and certainty.
They don’t want to be messed about by the kinds of bureaucratic delays Peter Dutton specialised in when they need to fill a key vacancy.
Employer-sponsored visas being used to undercut job opportunities of Australians, especially for entry-level job vacancies given high youth unemployment amongst Australians without post-school qualifications;
Use of employer-sponsored visas to suppress wages and exploit overseas workers; and
Sponsoring employers avoiding their obligations to train Australians.
In this context, it is extraordinary that Leeser ignores the most important policy lever available. That is the minimum salary that every sponsor of a skilled temporary entrant must pay. An appropriately set minimum salary, with minimal scope to use “in-kind” non-cash benefits, effective enforcement and severe penalties for non-compliance, is by far the most effective way to minimise the key risks of skilled temporary entry.
From the checks I have been able to make, it seems the minimum salary requirement for skilled temporary entry may not have been substantially increased since 2013. If that is correct, we can only conclude that skilled temporary entry has been part of the Government’s agenda, as explained by former Finance MinisterMathias Cormann, to slow wages growth in Australia.
If the Government wants to overhaul skilled temporary entry to deliver the speed and flexibility employers desire, it must strengthen the minimum salary requirement, with an appropriate concession for employers in regional Australia.
If not, it will risk, for example, the large corporate aged care providers in Australia using skilled temporary entry to undermine the recommendations of the Royal Commission on Aged Care which wants to increase the qualifications and wages of aged care workers rather than to have them continue to be exploited.
To secure the large numbers of more qualified health and aged care workers that Australia will need, Australia will need to source many of these workers through the overseas students’ program. Attracting sufficiently qualified health and aged care workers directly from overseas will be difficult as countries in Europe, Japan and North America will be competing for the same workers.
In this regard, Leeser is right to propose more sensible pathways to permanent residence for overseas students and other temporary entrants. These are the same pathways Dutton made a mess of in 2017-18. For regional Australia, where the demand for qualified health and aged care workers will hit earlier and harder, the Government will also need to revisit the Regional Employer-Sponsored category that Morrison announced with his 2019 Population Plan.
Predictably, that category has turned out to be a total lemon.
Universities will need to switch the focus of their overseas student programs towards health and aged care, and away from the traditional focus on accounting and business. But at a time university finances are heavily stretched, that will be difficult.
The Government will need to assist universities to make the transition to health and aged care training for both domestic and overseas students.
Agriculture and international tourism industries
Both of these industries are pressing the Government for assistance with their labour needs.
Working holidaymakers and work and holiday visa holders have been a traditional source of labour used by these industries. But the number of these visa holders had been in steady decline well before COVID-19 hit, from a peak of around 180,000 in December 2013 to around 140,000 in December 2019, and less than 50,000 in December 2020 and continuing to fall fast.
This is despite a significant expansion in the number of countries with which Australia has a work and holiday agreement as well as expanded opportunities for these visa holders to secure further stay in Australia.
The decline prior to COVID is likely the result of extensive media and social media reports of exploitation of these visa holders, as well as the special “backpacker tax” that has been in place in recent years. Since COVID, with few arriving and large numbers leaving, it was inevitable their numbers would fall sharply.
The Seasonal Worker Programme has, to a small degree, offset the decline in working holidaymakers. However, this scheme has also been plagued by reports of exploitation and abuse, including an extraordinary 22 deaths of people while in Australia on this very small visa as well as serious complaints from some Pacific Island Governments.
Despite the risks of exploitation, the Government has steadily reduced regulations around this visa and shifted the cost burden from employers and labour-hire companies to workers. The farm lobby wants further deregulation and the creation of a U.S.-style agricultural visa, which has often been described as a new form of slavery.
Visa applicants are concentrated in mining, manufacturing, construction and education.
Companies would be allowed to bring employees to Australia for up to a year without applying for 457 skilled worker visas under a migration-rule revamp being considered by the government.
The Department of Immigration and Border Protection is proposing a new temporary entry visa for foreign workers that would not require the candidates to pass language or skills requirements. Nor would employers have to prove they cannot find an Australian to fill the position.
The proposed “short-term mobility” subclass of visas would be available for “specialised work which may include intra-company transfers and foreign correspondents”, says a proposal paper obtained byThe Australian Financial Review.
Fly-in, fly-out commuters, global partners or specialists who need to provide short periods of work or consultation to a company would be covered. The visa would allow for multiple entries.
The paper is part of a review announced in October and billed by the Abbott government as the biggest re-examination of skilled migration in 25 years. The government wants to cut red tape and give companies more flexibility to grow and compete for talent. But the changes would upset unions, which are mostly hostile to foreign labour.
Skilled migration researcher Bob Birrell said the government would be picking a big fight with white-collar unions and professional groups by allowing global companies greater scope to bring people in for short-term appointments.
“There are already significant problems with graduate employment in professions such as dentistry, computer science, medicine and engineering,” he said.
“Liberalisation such that being mooted is going to crash head-on with that situation. The government is going to have some angry professional associations on its hands.”
A short-term mobility category would replace the existing category 400 visa, which allows skilled or specialist entrants to work for up to six weeks.
There were 4587 visas of this type granted when it was first offered in 2012-13. That jumped to 32,984 in 2013-14. Applicants are concentrated in mining, manufacturing, construction and education.
Employer groups have been pushing for a less onerous visa than the 457 to allow them to bring in specialists for shorter-term projects. They say the six weeks offered under the 400 visa is too short and the department often redirects applicants to 457 visas.
Australian Council of Trade Unions president Ged Kearney said with unemployment at a 12-year-high of 6.3 per cent, the focus should be on employing and training locals.
“The review of Australia’s skilled migration system must strengthen requirements for employers to advertise jobs locally before recruiting workers from overseas, not make it easier for companies to bypass Australian workers, university graduates and apprentices,” she said.
Mark Glazbrook, the managing director of Adelaide-based Migration Solutions, said the extended mobility visa would be eagerly welcomed. “The current policy settings and regulations are quite strict and don’t allow a lot of flexibility where there’s very specialised or unique work to be done,” he said.
“If you consider a big international- based company with Australian operations, if they have a specialised piece of equipment that’s in Australia and no one knows how to install it, they want to be able to bring someone, possibly on multiple occasions, on a genuinely temporary basis.”
The existing employer-sponsored 457 visa would be absorbed into a new “temporary-skilled” category, according to the proposal paper. It would continue to require candidates to meet English language, skills and labour market tests.
There would also be “permanent-independent” and “permanent-skilled” subclasses.
The “permanent-independent” subclass would be for “highly skilled individuals to independently apply for permanent residence to work in Australia”. It would replace existing distinguished talent visas.
Applicants in the permanent-skilled category would have to prove they are filling a genuine vacancy in the local labour market. This category would subsume the existing 186 and 187 visas.
“Competition for migrants amongst growth countries such as China and India, as well as our traditional competitors, will require that our skilled programs are no longer designed to passively receive migrants, but are designed to aggressively target ‘talented’ migrants in a highly competitive environment,” the paper says.
Australian Mines and Metals Association director Scott Barklamb said Australia would benefit from “mobile, highly skilled professionals who temporarily live and work where their specialised skills are most in need”. “Australians working in the resource sector often have opportunities to work and live temporarily all over the world and the Australian industry must similarly benefit from global engagement.”
In a submission to the government, Master Builders Australia said: “Some projects are shorter duration – for example three months – and going through the time-consuming and costly process of applying and securing 457 visa holders is not flexible enough.”
The “genuine-temporary-entrant” test that has been applied to student visas would be used for the short-term mobility subclass to prevent rorting.
The short-term mobility subclass would include a visa valid for three months or a year. Candidates for the shorter visa could be bought in at the invitation of an Australian company.
For the visa to be valid for up to 12 months, candidates would require a “statement of guarantee or undertaking from the Australian organisation detailing salary and any employment conditions reflective of the Australian standard for the duration of the stay must be provided”.
There is also a review of the integrity of the 457 visa system, the significant investor visa program and an inquiry into the Business Innovation and Investment Program.
The government said it would be premature to comment during the consultation period. A spokesman said the proposal paper was drafted by the department, not the government.
Dr Birrell said: “The main proposal is to free up temporary migration by creating a new set of visa subclasses for people coming in for less than a year,” he said.
“The implication is that this would not include the rules and regulations currently governing the 457 visa, including some labour market testing.”
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.
The 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.
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.
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”.
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).
Table 1 Fee payable for the TRA migration skills assessment
TRA Migration Skills Assessment
Before you submit your application.
Online by Visa or MasterCard credit/debit card.
TRA Migration Skills Assessment Review
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).
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 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
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.
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 Actdefines ‘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
Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education
GPO Box 9839
CANBERRA ACT 2601
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.
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 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.
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.
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:
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
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.
You are required to provide the following documents with your application for a valid TRA Migration Skills Assessment:
a completed application formwhich 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
your qualification and/or apprenticeship documents such as final certificates or diplomas relevant to your nominated occupation
a full academic transcriptof results, including the start and end date of your qualification/award (resulting from either training and/or assessment)
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
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.
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.
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
· 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.
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.
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.
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.
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).
Term used in guidelines
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’.
A person who submits an application for a TRA Migration Skills Assessment.
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.
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.
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.
Full-time, part-time or casual employment from which income is earned and in which there exists an employer–employee relationship.
Refers to the level of a qualification formally recognised within a national/regional qualification system/framework or international classification system
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.
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.
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.
A qualification awarded as a result of study and relevant to an occupation assessed by TRA.
The mechanisms within a country to assure the quality of vocational training qualifications and training providers
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.
A request to re-examine an application when the applicant/ participant does not agree with an assessment outcome.
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.
Quality assurance processes to substantiate the claims made in applications and supporting documentary evidence.
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.
The Temporary Graduate (subclass 485) visa offers a great opportunity for recently graduated international students to gain valuable work experience after completing their studies. This work experience helps develop the skills graduates gained during their studies and also makes them more employable upon return to their home country.
It is important to note that applicants need to meet a number of eligibility requirements to be granted the temporary graduate visa. And if the visa is granted, temporary graduate visa holders are responsible for finding their own employment. Applying for this visa Many international students make a decision to apply for the temporary graduate visa upon completion of their studies. Graduates can apply for this visa up to six months after completion of their studies.
There is no guarantee that, on the basis of having previously held a student visa, the applicant will meet the requirements to be granted a temporary graduate visa.
Any decision to apply for a temporary graduate visa is an entirely separate process to a student visa application. Depending on their individual circumstances, applicants may be eligible to apply for a temporary graduate visa through either the graduate work stream or the post-study work stream.
For information on the eligibility requirements for the temporary graduate visa, check out the Who Can Apply tab on the Temporary Graduate (subclass 485) visa webpage. Finding a job
The temporary graduate visa allows recent graduates to spend time in Australia to gain practical work experience to accompany their Australian qualification(s). There are no restrictions on the type of employment that the temporary graduate visa holder may choose to undertake.
It is important to note that finding a job is the responsibility of the temporary graduate visa holder. The Australian government is not responsible for arranging employment—there are many organisations which offer assistance in job seeking, including through the Australian Government’s JobSearch website.
For further information on latest labour market test (LMT) information on selected 457 visa occupations please contact www.visaagency-australia.com or write to [email protected]
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.
Labour Market Testing (LMT) for the Australian subclass 457 visa programme has begun and further details of how it will work have now been issued by the Department of Immigration and Border Protection.
All applications from 23 November will be subject to the new LMT rules but those lodged before this date will be unaffected.
The Government has sought to moderate the impact on Australian employers, and has consulted widely with industry prior to introduction of the new system.
The impact of Labour Market Testing will be limited to selected occupations only. Employers sponsoring for 457 visas in most occupations will not be affected.
There are also generous exemptions for transfers of employees from subsidiaries in the Asia-Pacific region.
For employers who do not fall within one of the above exemptions, Labour Market Testing will involve an extra administrative step which could cause delay and additional expense in obtaining the necessary 457 visa.
Please contact us if you would like to discuss how the new labour market testing requirement will affect your business. Which occupations will be affected?
In terms of exemptions, the majority of skill level one and two occupations, generally those requiring a degree or a diploma, will be exempt. But engineers, nurses and trades such as cabinet makers, boat makers, wood machinist, fitters, welders, plumbers and bricklayers are included.
Exemptions due to trade obligations include applicants who are citizens of New Zealand, Chile and Thailand. Applicants who are employed by an associated business in the Association of South East Asian Nations (ASEAN) could also be exempt.
Labour Market Testing will only be required for the following types of occupations:
Trade occupations (ie requiring an apprenticeship or completion of the equivalent of an Australian Certificate IV)
Technical occupations (ie requiring a Certificate IV)
Which occupations are exempted?
Labour Market Testing will NOT be required for:
Most Management Positions
Most Professional Occupations
Most Associate Professional Positions (requiring a diploma level qualification)
The main exception to the above are people working in the engineering and nursing fields.
Other Exemptions to Labour Market Testing
Even if the occupation is on the LMT list, exemptions from labour market testing apply where:
The applicant is a citizen of Chile or Thailand, or a citizen or permanent resident of New Zealand;
Where the employee already works for an associated entity of the sponsor in Chile, New Zealand or an ASEAN country (Brunei, Myanmar, Cambodia, Indonesia, Malaysia, Philippines, Singapore, Thailand or Vietnam);
Where the employee has worked full time for the nominating business for the last 2 years;
Where the business operates in a WTO member country and is seeking to sponsor senior management staff to work in Australia; or
Where workers are required to respond to a major disaster
457 visa rules
The new rules require employers to test the local labour market before seeking to employ an overseas worker on a subclass 457 visa.
The government said that it believes it is adopting a sensible approach to the implementation of the new rules requiring employers to test the local labour market before seeking to employ an overseas worker on a subclass 457 visa.
But the rules are not as rigorous as they might have been under the previous government, most notably there is no minimum requirement for the length of time a job has to be advertised within Australia.
Assistant Minister for Immigration and Border Protection, Michaelia Cash, said that labour market testing is a requirement of the Migration Amendment (Temporary Sponsored Visas) Act 2013 which was introduced by the previous government and passed by the previous Parliament in June. The current government does not believe that there was adequate consultation.
‘The government is committed to ensuring that the subclass 457 programme acts as a supplement to, and not a substitute for Australian workers. The government fully supports the principle that Australian workers have priority, but to bind employers up in needless red tape will only stymie Australian business and cost Australian jobs over the long run,’ explained Cash.
She announced that highly skilled occupations will be exempt from the LMT requirement and employers can advertise positions on their own company websites and on social media. Businesses that are part of a Labour Agreement will also be exempt from the requirements.
Labour market testing will apply to mainly technical and trade occupations available for sponsorship under the subclass 457 visa programme. Cash explained that exemptions will also apply in a small number of cases in which labour market testing would conflict with Australia’s international trade obligations. The Act also allows for the minister to declare exemptions in the event of a major disaster, in order to allow overseas disaster relief and recovery workers to enter Australia unimpeded.
She also said that the LMT implementation should be done in a practical way which accounts for its impact on Australian businesses and Australian workers alike. How Must Labour Market Testing Be Conducted?
If required, Labour Market Testing will in general involve advertising the position and indicating why no suitable applicants were found from the Australian labour pool.
Labour Market Testing must have been done for the occupation at some stage in the 12 months prior to application. However, if staff have been made redundant in the occupation within the last 4 months, Labour Market Testing must be done after the redundancies have occurred.
Information provided in a Department of Immigration FAQ sheet indicates that advertising of positions via social media, company websites and other free means are perfectly acceptable ways to meet the Labour Market Testing requirement.
Alternatively, employers can provide:
Labour Market Research;
Support letters from government employment agencies; or
Details of the business participating in job and career expos
Education Minister Christopher Pyne: “We need new architecture in international education.” Picture: Ray Strange. Source: The Australian
EDUCATION Minister Christopher Pyne has promised to open the jobs market to more overseas students who have graduated from Australian universities, as a means of rehabilitating the stagnant $14 billion international education industry.
In his first speech on the industry since he was sworn in as minister, Mr Pyne said yesterday the Abbott government would move quickly to extend the streamlined visa process beyond universities to training colleges, and maximise career opportunities in Australia for the best foreign graduates of our universities.
Monash University researcher Bob Birrell said he was troubled by any policy changes that used migration or easier labour market access as a lure to sell education, especially if it encouraged a repeat of last decade’s boom in low-quality diplomas pitched at foreign students seeking permanent residency.
“We know from past experience there are literally hundreds of operators who are skilled in packaging courses that provide the cheapest possible entry,” Dr Birrell said.
Under the Howard government, which linked gaining an Australian tertiary qualification with permanent residency, thousands of students swarmed into low-level vocational diplomas and dozens of dodgy private colleges exploited the lax policy.
Mr Pyne acknowledged past abuses and said preventing any repeat would be “very much part of our planning, to get that right”.
“But Labor used a sledgehammer to break a walnut (following the excesses of the education-migration boom) and we don’t want to repeat that error. But we also don’t want to go back to a situation where people lose faith in the quality of education in Australia.”
Mr Pyne told the Australian International Education Conference in Canberra he would work with Immigration Minister Scott Morrison to maximise the international student market while maintaining visa integrity and educational quality.
Universities Australia welcomed Mr Pyne’s speech as showing the government’s intention “to turbo-charge international education policy against a backdrop of declining enrolments and export revenue”.
A report from accountancy firm Deloitte yesterday identified education exports as one of five “super-growth” sectors offering prosperity as the mining investment boom recedes.
At yesterday’s conference, attended by several hundred education delegates from around the world, Mr Pyne said Labor had presided over a decline in education exports from $18.6bn in 2009 to a little more than $14bn last year – “quite an achievement in a growing economy”.
He cited forecasts that the Asia-Pacific middle class would rise from 500 million to 3.2 billion by 2030, and that the number of young people in the world looking to study abroad would double to more than seven million by 2020.
The National Tertiary Education Union said last night it feared Mr Pyne’s proposal was part of a broader government strategy to avoid increasing taxpayer funding to universities.
Jeannie Rea, the union’s national president, said the government was seeking to increase international student fee revenue to universities rather than plug the direct funding gap faced by universities. “It becomes a cross subsidisation,” Ms Rea said.
Given that 45 percent of human resources managers say they spend less than a minute, on average, on each job application they see, it’s understandable that some people might go overboard in trying to bring some individuality to their work history. But would you list your unique ability to do the moonwalk in the “special skills” section of your resume?
That’s actually not the wackiest resume mistake CareerBuilder uncovered in a survey of 2,600 employers nationwide, who were asked to recall the most unusual resumes they’d ever seen. It seems safe to assume none of these people were hired, but since CareerBuilder didn’t specifically ask, I guess there’s an outside shot that one of these tactics actually worked. (Although probably not the one about being arrested for assaulting a former boss.)
Here are the 15 oddest:
Candidate said the more he was paid, the harder he worked
Candidate said he had been fired from past positions, but still included those managers as references
Candidate said getting an interview was important because he wanted an opportunity to show off his new tie
Candidate listed her dog as a reference
Candidate listed-yes, the moonwalk-as a special skill
A husband and wife team looking to job share submitted a poem they had co-written
Candidate listed ‘versatile toes’ as a selling point
Candidate wrote that he would be “a good asset to the company” but somehow omitted the last two letters in “asset.”
Candidate’s email address contained the phrase “shakinmybootie”
Candidate mentioned that he had survived a bite from a deadly aquatic animal
Candidate used first name only
Candidate asked, “Would you pass up the opportunity to hire someone like this? I think not.”
Candidate insisted that he be paid for the time he spent interviewing with the company
Candidate shipped a lemon with resume, stating, “I am not a lemon.”
Candidate included on his resume the fact that he had been arrested for assaulting his previous boss.
Can’t you be even a little imaginative in putting together your resume? No, says CareerBuilder’s vice president of human resources, Rosemary Haefner. “Creativity and personal touches may seem tempting to some job seekers, but many times, it’s a disqualifying distraction.”
Instead, Haefner suggests job seekers stick with the basics:
Stay relevant. Customize your resume to each individual position, highlighting the experience that makes you best-suited to that particular post.
Stay readable. If there’s no white space on your resume, reformat it to make it easier on the eyes. A wall of unbroken gray text is off-putting–especially if it’s the fiftieth resume someone’s seen that day.
Write a compelling professional summary. Ditch the ‘Objective’ line in favor of a two-sentence description of your relevant experience. This is the ‘hook’ that can convince a recruiter, HR pro, or hiring manager to spend a little more time on your application.
Proofread. It’s too easy for hiring managers to disqualify you based on a typo-if you don’t care about making sure your resume is perfect, what does that say about your level of conscientiousness? Proofread it yourself, and before sending it out, ask a few friends to proofread your resume for you.
What are your best tips for getting the attention of hiring managers? And which attention-getting ploys are sure to fail?
Source: Kimberly Weisul is a freelance writer, editor and editorial consultant. Follow her on twitter at www.twitter.com/weisul
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