July 3, 2017

The Short‑term Skilled Occupation List (STSOL) will be applicable for Subclass 190 (Skilled—Nominated visa) or Subclass 489 (Skilled—Regional (Provisional) visa.
The Medium and Long-term Strategic Skills List (MLTSSL) will be applicable for General Skilled migration visas – Subclass 189 (Skilled Independent Visa), Subclass 489 (Skilled Regional Provisional Visa who are not nominated by a State or Territory government agency) and Subclass 485 (Graduate Temporary Visa) visa applications.

July 3, 2017
Previously Australian government had announced from 1st of July 2017, many changes to 457 visa are coming in to effect that it will introduce some reforms to Australia’s temporary employer sponsored skilled migration programmes. The reforms were to include abolishing of Temporary (Skilled) (subclass 457) visa (457 visa) and replacing it with a completely new Temporary Skills Shortage (TSS) visa from March 2018.
The changes from 1st July 2017

  • For existing 457 visas, the STSOL (Short-Term Skilled Occupation List ) will be further reviewed on the bases of advice from the Department of Employment. The MLTSSL (Medium and Long-Term Strategic Skills List) will be revised based on outcomes from Department of Education and training’s 2017-18 SOL review.
  • English language salary exemption threshold, which exempts applicants whose salary is over $96,400 from the English language requirement, will be removed.
  • Policy settings about the training benchmark requirement will be made clearer in legislative instruments.
  •  Provision of penal clearance certificates will become mandatory.
  • For existing 457 visas, before 31st December 2017, the Department of Immigration and Border Protection will start collecting the Tax File Numbers of 457 Visa holders and will match the data with Australian Tax Office’s record to make sure the visa holders are not paid less than their nominated salary.
  • The Department will also commence the publication of details relating to sponsors sanctioned for failing to meet their obligations under the Migration Regulation 1994 and related legislation.

The Changes from March 2018

  • From March 2018, the 457 visa will be abolished and replaced with the TSS visa.
  • The TSS visa will be comprised of a Short-Term stream of up to two years, and a Medium-Term stream of up to four years.
  • The Short-Term stream is designed for Australian businesses to fill skill gaps with foreign workers on a temporary basis, where a suitably skilled Australian worker cannot be sourced.
  • The Medium-Term stream will allow employers to source foreign workers to address shortages in a narrower range of high skill and critical need occupations, where a suitably skilled Australian worker cannot be sourced.


The Short-Term stream will include the following criteria:

  • Genuine entry: A genuine temporary entrant requirement.
  • Renewal: Capacity for visa renewal onshore once only.
  • Occupations:
    • For non-regional Australia, the STSOL will apply.
    • For regional Australia, the STSOL will apply, with additional occupations available to support regional employers.
    • English language requirements: A requirement of an International English Language Testing System (IELTS) (or equivalent test) score of 5, with a minimum of 4.5 in each test component.


The Medium-Term stream will include the following criteria:

  • English language requirements: a requirement of a minimum of IELTS 5 (or equivalent test) in each test component.
  • Renewal: Capacity for visa renewal onshore and a permanent residence pathway after three years.
  • Occupation lists:
    • For non-regional Australia – the MLTSSL will apply.
    • For regional Australia – the MLTSSL will apply, with additional occupations available to support regional employers.

Eligibility criteria for both streams will be:

  • Work experience: at least two years’ work experience relevant to the particular occupation.
  • Labour market testing (LMT): LMT will be mandatory, unless an international obligation applies.
  •  Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold.
  •  Character: Mandatory penal clearance certificates to be provided.
  •  Workforce: A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.

 Training requirement: Employers nominating a worker for a TSS visa will be required to pay a contribution to the Skilling Australians Fund. The contribution will be:

  • payable in full at the time the worker is nominated;
  • $1,200 per year or part year for small businesses (those with annual turnover of less than $10 million) and $1,800 per year or part year for other businesses.

The detailed policy settings for several of these requirements will be finalised through the implementation process. Further details on these requirements to inform stakeholders will be available in due course.
Who is affected?

  • Current 457 visa applicants and holders, prospective applicants, businesses sponsoring skilled migrants and industry.
  • Existing 457 visas continue to remain in effect.
  • 457 visa applicants that had lodged their application on or before 18 April 2017, and whose application had not yet been decided, with an occupation that has been removed from the STSOL, may be eligible for a refund of their visa application fee.
  • Nominating businesses for these applications may also be eligible for a refund of related fees.

Further information could be find at border.gov.au [contact-form-7 404 "Not Found"]

July 25, 2016

 
I have a confession to make … I just hired an engineer from London for my company. While I have been a vocal proponent for remaining headquartered in Australia and keeping our engineering base local, this is no longer a tenable strategy. There simply isn’t enough tech talent to satisfy the demands of both corporate Australia and the growing technology start-up ecosystem. It’s all well and good that we keep talking about how great the future will be for technology companies in Australia, but that future won’t eventuate if we drop the ball in the here and now.
Jonathan Barouch, founder of Local Measure, says the fact that the immigration department takes up to eight weeks to process a 457 application for a software engineer is a joke.
The policies in the Innovation Statement to address the talent gap and improve gender diversity are sound.
However, by the government’s own admission, many of its policies will take at least a decade to bear any fruit. So what can we do in the meantime to satisfy the demand for talented technical staff in Australian technology companies?

There isn’t enough tech talent to satisfy both corporate Australia and the growing start-up ecosystem.

Draw talent to Australia
We have around 300,000 foreign students in our tertiary institutions, many from China and India who come to Australia to study degrees like software engineering and maths. We need to do a better job at selling Australia to these students as a permanent home. A Sydney University lecturer recently told me that historically Chinese students would come to study in Australia and then use that as a path to migrate. Anecdotally, she’s finding that many of the business and engineering students are now more excited by the prospect of being an entrepreneur back in China than by the idea of remaining in Australia.
If that is the case, we need to shift these students’ perceptions by showcasing the exciting companies and opportunities that exist locally. There has been a lot of debate about the merit of the government’s $28 million taxpayer-funded Innovation Statement marketing. Some of this money might be better spent outside Australia promoting our country as a destination to the world’s top tech talent and companies. We might have had a bigger bang for our buck by simply renting billboards on the 101 between San Francisco and Silicon Valley publicising jobs Down Under.
Make 457 visas simpler
Given all the talk about simplifying our 457 regime to help start-ups access critical talent, it’s surprising that we’ve yet to see any action. The fact that the immigration department takes up to eight weeks to process a 457 application for a software engineer is a joke. Technology companies in every other country are fighting for the same talent and we are missing out on the best and brightest because of government process.
I recently tried to move an engineer to Australia on a 457 visa. The process was time-consuming and expensive and took the full eight weeks to get approved. In stark contrast, we had an Australian employee organising an E3 visa to work in our US office at the same time. The process was able to be done online and his visa was approved on the spot at the US consulate. This seems like a perfect problem for the government’s Digital Transformation Office to tackle.
Send talent overseas
While it may sound counter-intuitive, we need to support some of our smartest to go overseas to gain valuable experience that can then be brought back home. In my company, Local Measure, we have team members who’ve had experience working in large technology companies in Silicon Valley, China and Europe as they scale. The amount of knowledge and proficiency they transfer to their colleagues significantly de-risks our business as we expand overseas.
Let’s create a program where there is an incentive in the first few years of returning to Australia after having worked in a qualifying technology company overseas. This might have the added benefit of attracting back some of Silicon Valley’s so-called “Aussie mafia”.
It is a very encouraging sign for the health of our ecosystem that so many people in the wider community are now talking about start-ups and innovation. In all of the excitement to lay the proper foundations for future growth let’s not forget about the issues facing our companies in the here and now.
source: www.afr.com

November 24, 2013

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 Payable Payment 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.

November 24, 2013

labour_market_testingLabour 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)
  • Engineers
  • Nurses

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

For further information on latest labour market test (LMT) information on selected 457 visa occupations please contactwww.visaagency-australia.comor write tomigration@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 ourmigration services to see if you are eligible to apply for a visa to Australia.

 

November 8, 2013

What are the requirements to apply for a post study working visa after completing a one year Postgraduate course? What is the fee for this type of visa? What are the criteria for this type of visa, including registration? Do I need to take any exams such as IELTS?

To be eligible for a Post Study Work Visa, you would need to have completed a course or courses taking at least 2 years of study in Australia.

You could potentially use a 1-year postgraduate course as part of the 2-year study requirement, but would need to have completed at least one other qualification taking at least one academic year of study in Australia.

The application fee for a Post Study Work Visa depends on the number of people included in the visa application.

A summary of these is below:

$1·         $ 1,440: Main Applicant

$1·         $ 720: Each spouse or dependent aged 18 or over

$1·         $ 360: Each dependent child aged under 18

Note that a surcharge of $90 applies for each applicant if lodging a paper application rather than an online application.

The main criteria for a Post-Study Work (Subclass 485) Visa are as follows:

$1·         Competent English: Minimum of 6 in each of the 4 bands of IELTS, OET B pass or holder of a UK, US, Ireland, Canada or NZ passport

$1·         Australian Study: You must have completed qualifications taking at least 2 academic years of study in Australia. The studies must be at the bachelor level or higher, and cannot include Graduate Diplomas or Graduate Certificates unless they gave credits towards completion of a Masters or PhD.

$1·         You must lodge your application within 6 months of completion of your Australian studies

$1·         You must have applied for your first student visa after 5 November 2011

Note that you may qualify for the Graduate Work Stream of the 485 visa even if you do not meet the above criteria.

Is bridging visa automatically granted for those who apply for 485 visas?

$1·         A bridging visa is granted providing a valid application for a 485 visa is lodged.

$1·         Where the applicant holds a student visa when they apply for a 485 visa, a Bridging A visa would be granted. This gives full work rights, but ceases if the student leaves Australia. If the student wishes to travel outside Australia during processing of their application, they should apply for a Bridging B visa.

$1·         If the student holds a Bridging Visa when they apply for a 485 visa, a Bridging C visa would be granted. This also gives full work rights, but it is not possible to obtain a Bridging B visa to facilitate travel.

$1·         Will it affect my migration application if I applied for an exemption/advanced standing on some subjects, meaning I did not complete all the subjects in Australia?

$1·         For a student to meet the Australian Study requirement, they must have completed courses taking at least 2 academic years in Australia.

$1·         Two academic years is defined by the regulations as studies taking at least 92 weeks as registered on CRICOS (http://cricos.deewr.gov.au/).

$1o   If academic exemptions have been granted for overseas studies, then the amount of weeks the student is taken to have completed in Australia is reduced. This can result in the student becoming ineligible for a Temporary Graduate visa if too many exemptions are granted.

$1§  For example – a student completes a Master Degree in Australia which normally requires 16 units and is registered for 104 weeks on CRICOS.

$1§  If they obtain 1 unit exemption for overseas studies, they are taken to have completed: 15/16 * 104 = 97.5 weeks of study. This would meet the Australian study requirement as it is over 92 weeks.

$1§  If they obtain 2 units of exemptions, they are taken to have completed 14/16 * 104 = 91 weeks of study, which would not meet the requirement.

What are the possibilities for an international student to get a working visa without any sponsorship? Can an international student study part time in postgraduate?

$1·         Most working visas req
uire sponsorship by an employer.

$1·         However, there are a number of options which do not require sponsorship, including:

$1o   A Graduate Temporary subclass 485 visa: for students completing qualifications taking at least 2 Academic Years of study in Australia

$1o   A Working Holiday subclass 417 visa: for people aged under 31 who hold passports from certain countries only

$1o   It is also possible to use a visitor visa or student visa to explore business opportunities and in some cases establish a business in Australia. In this case, it may be possible for the student to “self-sponsor” for a 457 visa. The business would need to be relatively well established and have Australian workers for this to be possible.

If studying in Australia on a student visa, the student must study full time, even if this is at postgraduate level.

$1·         Students who are studying a masters degree by research or doctoral degree can work full time once they have commenced their studies.

$1·         Spouses and partners of students completing a master or doctoral degree can work full time also.

What are the requirements for English for the post study working visa?

$1·         Students must show that they have Competent English to qualify for a Graduate Temporary Subclass 485 visa. There are three ways of establishing this:

$1o   Minimum of 6 in each of the 4 bands of IELTS

$1o   OET B pass

$1o   Being a holder of a UK, US, Ireland, Canada or NZ passport

$1·         If testing is required, it must be conducted prior to lodgement of the 485 visa. Tests up to 3 years old can be used for the purposes of General Skilled Migration.

After graduation, what do I need to do to apply for skill migration (permanent visa)? What are the conditions and procedure?

$1·         There are a number of different General Skilled Migration types, and the process depends on which of these you are going for:

$1o   Skilled Independent Subclass 189: this requires an occupation on the Skilled Occupations List (SOL) but does not require sponsorship by a relative or state/territory government

$1o   Skilled Nominated Subclass 190: this requires an occupation on the Consolidated Sponsored Occupations List and a nomination by a state or territory government

$1o   Skilled Regional (Provisional) Subclass 489: requires either sponsorship by a relative living in a designated area or by a state or territory government

$1·         In general, the application process for General Skilled Migration is as follows:

$1o   Complete English language testing

$1o   Complete Skills Assessment

$1o   Make Expression of Interest through SkillSelect

$1o   For subclass 190 or 489, complete state nomination

$1o   Once a SkillSelect invitation is received, make the application for a skilled migration visa

$1o   Complete Health and Police checks

$1o   Only once the SkillSelect Invitation is received and the application for the skilled migration visa is lodged would a student receive a bridging visa.

$1·         Many students do not have sufficient time to go through all the required processes before their stu
dent visas expire and so must rely on making an application for a Graduate Temporary subclass 485 visa on completion of their studies.

What are the chances that I would be employed here in Australia after I finish my course?

It’s difficult to give a general answer to this question. However, you can improve your chances of obtaining a skilled job by:

$1·         Improve your English Language Ability:  improving your communication skills will significantly increase your effectiveness in an interview

$1·         Seeking work in your field during your studies:  even if you work as an unpaid intern in your occupation, this can make your CV more impressive and help you to make contacts with potential employers

$1·         Making use of the University Careers Centre:  the Careers Centre can give you tips on preparing your resume and interview technique, as well as give you information on potential employers in your field

$1·         Professional Year:  if you are studying IT, Engineering or Accounting, you can complete a Professional Year after your studies. As this involves an internship, as well as workplace skills training, this can greatly enhance your chance of getting a skilled job after your studies

$1·         Making friends with your Australian classmates:  Most jobs are not advertised and the better your contacts, the more likely you will be aware of job opportunities which arise

My postgraduate research sector visa (subclass 574) expires on 28 Feb 2015. How long I can stay in Australia after my projected PhD thesis submission on March 2014?

$1·         If your visa was granted after 5 November 2011, your 574 visa should be valid for 6 months after the usual duration of your course. This gives you additional time to allow for marking and re-submission of your thesis.

$1o    Once your thesis has been accepted and you have met the requirements for award of your qualification, you should look at applying for a visa for further stay in Australia as soon as possible.

$1o   Once you have met requirements for award of your qualification, your university will notify the Department of Immigration that you have completed. Unless you have applied for further stay, it’s quite possible that the Department of Immigration will look at cancelling your visa.

$1·         If marking takes longer than 6 months, you may need to either extend your student visa or notify the Department of Immigration that marking is taking longer than anticipated.

$1·         It appears that your 574 visa will be valid for almost 12 months after submission of your thesis. Your visa will allow you to remain in Australia for 6 months after submission or until your thesis is accepted, whichever is sooner. I would recommend that you look at visa options to extend your stay once your thesis is marked, and would certainly not rely on remaining in Australia for 12 months after submission on your current 574 visa.

 

What are the requirements for the 457 employer sponsor visa?

There are three stages to the 457 visa application :

$11.       Sponsorship:  Employer would need to apply for approval as a Standard Business Sponsor. To get this approval, the business will need to provide evidence of financial position, record of training Australians in the business to at least 1% of payroll (unless sponsor is an overseas entity).

$12.       Nomination:  Employer has to apply for permission to fill a nominated position with overseas national. The position needs to meet minimum salary requirements – currently $53,900 minimum annual salary and also be at the applicable market rate. Your occupation needs to be on the approved list of occupations (CSOL).

$13.       Personal: Employee has to demonstrate they have skills necessary to fill the position, meet English requirements (Vocational English – minimum of 5 in each of the 4 components of IELTS) and all members of the family travelling to Australia must meet health requirements

 

Will I be eligible for the post study working visa if I completed one year master from another university and now I am doing a second master from UWS? I came to Australia before November, however my course started in Feb 2012.

$1·         If you came to Australia prior to November 2011, you will unfortunately not be eligible for a Post Study Work Visa. You may, however, be eligible for a 485 visa in the Graduate Work stream.

$1·         It is possible to use two master degree qualifications to meet the required Australian study requirement. The total numb
er of weeks required to complete the qualifications must be at least 92 weeks as registered on CRICOS, and caution must be used if there have been academic exemptions.

 

Are students allowed to partake in business such as Import/Export or any sole proprietor business in Australia?

$1·         Students are allowed to start a business in Australia whilst holding a student visa. However, students should be cautious about the following:

$1o   Not exceeding the 40 hours per fortnight limitation 8105/8104

$1o   Ensuring that they have all the relevant business registrations and licensing, and make the necessary tax lodgements

$1o   Students should consult an accountant to ensure that their business is properly set up to trade lawfully in Australia.

 

What steps would be required to change from a Post Study Work Arrangements Visa to a Permanent Residency Visa? How long would this process take?

$1·         There are a number of permanent residency options which students can look at whilst on a Post Study Work visa. These include:

$1o   General Skilled Migration: outlined above

$1o   Employer Sponsorship: if you have a job offer with an Australian employer

$1o   Family Sponsorship: if you have an Australian partner or other relatives in Australia.

$1o   Processing times vary depending on which option you choose, but can take anywhere from 3-4 months to 12-18 months.

As a PhD student of marketing, what visa can I apply for as a Tutor or lecturer? When should I apply for it? How long does it take to process?

$1·         The occupations of Tutor and Lecturer are on the Consolidated Sponsored Occupations List (CSOL) but not on the Skilled Occupations List (SOL).

$1·         This means that you can apply for employer sponsored or state/territory sponsored visas, but not for the skilled independent subclass 189 visa.

$1·         In terms of the Graduate Temporary subclass 485 visa, you could apply for the Post Study Work stream, but not for the Graduate Work Stream.

$1·         To qualify for the Post Study Work stream, you would need to have applied for your first student visa prior to 5 November 2011. However, there is no occupations list and you can use potentially any qualifications at the bachelor, master or doctorate level regardless of which discipline you have studied in.

$1·         To qualify for the Graduate Work stream, you must nominate an occupation on the Skilled Occupations List (SOL). Unfortunately, the occupations of marketing specialist, university lecturer and university tutor are not on the Skilled Occupations List.

I applied for a student visa before Nov 2011, doing a course on SOL, but by the time I am finished, the course is no longer on SOL, how do I get a work permit then?

$1·         If your occupation is no longer on the SOL, then it may not be possible to apply for Graduate Work Stream.

$1·         The following options require your occupation to be on the CSOL, which is much wider than the SOL:

$1o   Employer Sponsorship

$1o   State/Territory Nomination: ie the Skilled Nominated Subclass 190 or the Skilled Regional Provisional Subclass 489 visa

$1·         If you are unable to lodge prior to the expiry of your current student visa, you may need to either:

$1o   Extend your studies in Australia; or

$1o   Await the outcome of your application overseas

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