186 SKILL REQUIREMENTS FOR VISA
Skills Assessment as at time of visa application
Assessment of skills at the time of visa application
The applicant must show proof that their skills had been determined to be appropriate for the position at the time of their application. An evaluation of skills conducted after the visa application was submitted does not satisfy visa requirements.
Positive skills assessments that are not for the 6-digit ANZSCO occupation code listed on the nomination do not satisfy the legal standards to be accepted. For instance, despite belonging to the same core group 3232, a positive skills assessment for the occupation of Fitter and Turner (ANZSCO 323212) will not meet the same criteria as a skills assessment for an application stating the occupation of Metal Machinist (First Class) (ANZSCO 323214).
The skills evaluation must unequivocally demonstrate that the applicant’s skills were determined to be appropriate by the relevant assessing authority no later than the day the visa application was made.
Skills evaluations may be submitted after a visa application has been made, but the results of the evaluation must have been obtained before the application deadline for the visa. Officers should provide the applicant with the chance to submit the skills evaluation if one is not included with the application (provided the assessment was completed before the visa application was made). Any correspondence should make it clear that a skills evaluation completed after the application deadline will not be sufficient to meet visa requirements.
If a favourable skills evaluation is provided for a job that:
, rather than the 6-digit occupation listed on the application- is a member of the same 4-digit unit group as
There may, under certain conditions, be a policy choice for the applicant. In this case, even though they obtained an assessment for another occupation within the same 4-digit unit group, the applicant may request confirmation from the assessing authority that they would nonetheless meet a skills assessment for the chosen occupation. Only if it is obvious that a true error occurred in the application processing and the skills assessment authority is the same for both occupations may the delegate accept this as an alternative.
For instance, if
- The position for which the application is being submitted is Registered Nurse (Paediatrics) (ANZSCO 254425), however
- The Registered Nurse (Child and Family Health) job skill assessment is for ANZSCO 254413.
The aforementioned policy may be utilised if both are assessed by AHPRA. In these situations, it is the applicant’s duty to communicate with the evaluating authority
The duration of validity for skill assessments
Some organizations that evaluate talents give evaluations with expiration dates. A skills evaluation will not be considered compliant with the requirements of the 186 visa if it is submitted after the specified expiration date.
Skills evaluations without an expiration date are valid for three years from the evaluation date. The skills assessment will not be acceptable if more than 3 years have passed between the time it was issued and the time the application was submitted.
3 years must have been spent working in the specified field
The applicant must have worked for at least three years in the position for which they are applying at the time of their application.
The applicant must have held a full-time job for at least three years, however this time period need not have been consecutive or have occurred right before the visa application. The candidate needed to have put in at least 38 hours a week in order for the work to count as full-time.
When determining the length of work, it is important to take into account any time the applicant changed careers (found employment in a different profession), was unemployed, or had an extended leave of absence without pay.
Work should be full-time.
ENS acknowledges that a variety of variable employment arrangements are now available in addition to full-time employment. Many different countries’ citizens rely on a variety of income-generating methods to survive. Part-time employment and flexible work schedules are becoming more prevalent in Australia. This will affect how the value of job experience is determined. For part-time employees, this can be prorated if work experience is to be expressed in terms of full-time employment. For instance, if the criterion is for 3 years of relevant full-time work experience, the candidate must be able to show they have worked in that occupation part-time for 6 years if part-time work is at 50% of a full-time load.
Acknowledged Prior Learning
There could be cases where a candidate for a visa earned a degree in Australia while they were on a temporary visa. In these situations, the Registered Training Organisation (RTO), the course material, and the makeup of the assessment items should all be given more attention. Please take note that courses for which a student visa has been approved are not included in this category.
The fact that RTOs have granted AQF certifications despite not having completed the necessary course work or assessment items is cause for worry. When this has happened, assessment results have only taken into account Recognised Prior Learning (RPL), which might take the shape of alleged but unproven foreign degrees, work experience, or both
Working part-time and on the side
For the purposes of evaluating work experience, DHA uses the National working Standard to define full-time and part-time working arrangements. If it can be shown that work experience obtained through part-time employment arrangements was at the necessary skill level, it may be credited towards the work experience requirement.
Pro-rata consideration will be given to part-time employment experience; for example, two years of part-time employment will count as one year towards the criterion. Casual employment experience is not acceptable when meeting the work experience requirement.