Skills Assessment as at time of visa application
The applicant must show that their abilities were judged as being fit for the occupation at the time of their application. A skills evaluation completed after the visa application was submitted does not satisfy visa requirements.
A positive skills evaluation for a job other than the 6-digit ANZSCO occupation code on the nomination does not meet the legal standards for acceptance. For example Although they are in the same core group 3232, a positive skills assessment for the occupation of Fitter and Turner (ANZSCO 323212) will not fulfill the same criteria as a skills assessment for the occupation of Metal Machinist (First Class) (ANZSCO 323214).
The skills assessment must clearly demonstrate that the applicant’s skills were judged as suitable by the relevant assessing authority no later than the date the visa application was submitted.
Skills evaluations can be submitted after the visa application has been submitted, but the assessment findings must have been acquired before the visa application date. Officers should give the applicant the chance to submit a skills evaluation if one was not submitted with the application (assuming the assessment was obtained before the visa application was made). Any correspondence should make it clear that a skills evaluation completed after the application deadline will not meet the visa requirements.
If you submit a positive skills assessment for an occupation that:
- is not the 6-digit occupation listed on the application, but
- it belongs to the same 4-digit unit group as the 6-digit occupation.
There may be a policy choice for the applicant in certain instances. In this case, the applicant may obtain certification from the assessing authority that they would otherwise pass a skills assessment for the selected occupation despite having received an assessment for a different occupation within the same 4-digit unit group. Only if it is obvious that a reasonable error occurred in the processing of the application and the skills assessment authority for both occupation is the same, could the delegate accept this as an alternative.
For example, if:
- the application is for the occupation of Registered Nurse (Paediatrics)(ANZSCO 254425) but
- the skills assessment is for the occupation of Registered Nurse (Child and Family Health) (ANZSCO 254413)
and AHPRA is the assessing authority for both, the above policy may be applied. It is the applicant’s responsibility to correspond with the assessing authority in these cases.
Validity period for skills assessments
Some skills assessing authorities issue skills assessments specifying expiry dates. If a skills assessment specifying an expiry date is provided after the stipulated expiry date, the skills assessment will not meet the requirements of 186 visa.
Skills assessments that do not specify an expiry date are valid for 3 years from the date of the assessment. If more than 3 years has elapsed between the date the skills assessment was issued and the date on which the application was made, the assessment will not meet the requirements of 186 visa.
Must have been employed in the nominated occupation for 3 years
At the time of application the applicant must have been employed for at least 3 years in the occupation for which they have been nominated.
The applicant must have worked full-time for at least 3 years however the period of work does not have to be continuous, or be immediately before the visa application was made. In order for the work to qualify as full-time, the applicant should have worked for at least 38 hours per week.
Any period of employment during which an applicant changed careers (gained employment in another occupation), was unemployed, or took extended leave without pay should be excluded when calculating the period of employment.
Employment should be full time
ENS recognises that, in addition to full-time work, there now exists a range of variable employment arrangements. Citizens of numerous countries depend on multiple income earning strategies to make a living. In Australia, part-time work arrangements and variable working hours are increasingly common. This will impact on how work experience is calculated. If work experience is to be expressed in full-time terms, for part-time workers this can be calculated pro-rata. For example, if the requirement is for 3 years of relevant full-time work experience, if part-time work is at 50% of a full-time load, the applicant must be able to demonstrate they have worked in that occupation on a part-time basis for 6 years.
