Subclass 186 Employer Nominated Skill Requirements
At the time of application, all applicants will have their skills assessed to judge their suitability to the position. Additionally, any skills assessments undertaken after the visa application was made will not visa requirements.
Positive skills assessments for an occupation (besides the 6-digit ANZSCO occupation code) will not be accepted under the legislative requirements. For example, although the occupation of Fitter and Turner (ANZSCO 323212) and the occupation of Metal Machinist (First Class) (ANZSCO 323214) have a corresponding core group of 3232, it will not be accepted as a skills assessment.
The applicant must also have had their skills assessed by an assessing authority no later than the date on which the visa application was made, with their skills assessment clearly showing this in order to move forward on the 186 stream.
If an applicant is looking to submit their skills assessment, this can be be done so after the visa application is made, but the assessment results have to be gained before the visa application has been lodged. For any skills assessment submitted without the application, the applicant should be given the time to submit the skills assessment (as long as the assessment was obtained before the application was lodged). Any skills assessment dated after the date of application will not be accepted as a visa requirement.
If a positive skills assessment is submitted for an occupation not listed as a 6-digit occupation on the application but is within the same 4-digit unit group, there may be an option under policy for the applicant under particular circumstances. In this situation, the applicant has the option to request the assessing authority for confirmation that they would meet a skills assessment for their nominated occupation, even if having gained an assessment for another occupation within the same 4-digit unit group. As a result, this would be accepted solely as an alternative, as long as it is clear a legitimate error has occurred in processing the application and the skills assessing authority is the same for both occupations.
For example, if a Registered Nurse (Paediatrics)(ANZSCO 254425) application has been made, but the skills assessment is for the occupation of Registered Nurse (Child and Family Health) (ANZSCO 254413) and AHPRA assesses both, the above scenario should apply. In these cases, it is the applicant’s responsibility to correspond with the assessing authority.
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. Details surrounding the skills assessments include:
- 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 35 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.