Do You Need a Skills Assessment? How the Rules Differ Across 189, 190, 491, 482, 186 and 494 Visas

Each authority has its own procedures, evidence requirements, processing
times and fees. The relevant authority is linked to the nominated
occupation and visa program.

A positive assessment for one purpose should not automatically be
assumed to satisfy another visa pathway.

Applicants for the points-tested 189, 190 and 491 visas must have a
suitable skills assessment for their nominated occupation.

The occupation must also be eligible for the relevant visa pathway.

Skills-assessment timing is important. Home Affairs' current guidance
reflects the legal position following Thapa and, in relevant
circumstances, accepts a suitable assessment obtained during the 60-day
invitation period.

Because timing can affect eligibility and application validity,
applicants should not assume it is safe to wait until after invitation
before dealing with the assessment.

Where an assessment specifies a validity period, that period matters.
Some migration pathways also apply a three-year validity framework.

Check both the assessing authority's document and the requirements for
the visa you intend to apply for.

Certain primary Skills in Demand applicants are subject to a mandatory
skills-assessment program.

Where a mandatory assessment applies, Home Affairs states that it
generally must have been commenced or completed before the visa
application is lodged.

The relevant occupations and applicants are specified under the
mandatory subclass 482 assessment framework. Home Affairs may also
request a skills assessment in a case where it was not mandatory at
lodgement.

Applicants should check the occupation-specific requirement before
lodging because failure to commence a mandatory assessment when required
can affect the application.

The subclass 186 Direct Entry pathway generally requires a suitable
skills assessment for the nominated occupation unless an exemption
applies.

The assessment requirement sits alongside the other Direct Entry
criteria, including the applicable work experience, age, English and
employer nomination requirements.

This is an important distinction between 186 Direct Entry and TRT.

The TRT pathway instead relies on its own sponsored visa, employment,
nomination and other eligibility requirements.

However, the relevant labour agreement and occupation requirements still
need to be checked.

The assessing authority depends on the nominated occupation and is
specified under the subclass 494 framework.

For the Labour Agreement stream, assessment requirements can depend on
the agreement.

Home Affairs specifically states that a skills assessment obtained for
the Temporary Graduate visa (subclass 485) is not a valid assessment for
certain employer-sponsored pathways, including subclass 186.

Different assessments can be conducted for different migration purposes.

Before relying on an existing assessment, check that it is suitable for
the occupation and visa pathway you now intend to use.

Home Affairs' skilled occupation material identifies the relevant
occupation codes, eligible visa programs and assessing authorities.

The formal legislative instruments remain important because they specify
occupations and assessing authorities for the relevant visa programs.

For example, Home Affairs accepts specified Australian medical
registration as suitable assessment evidence for doctors in
points-tested skilled migration.

For solicitors, admission to practise in the relevant Australian state
or territory can be accepted as suitable assessment evidence.

Occupation-specific arrangements should always be checked.

A positive assessment addresses the skills-assessment requirement for
its relevant purpose. It does not by itself establish that you meet the
other visa criteria.

Depending on the pathway, you may still need to satisfy requirements
relating to:

• occupation eligibility
• points
• work experience
• employer nomination
• age
• English
• health and character
• other visa-specific criteria

• the visa subclass and stream
• your nominated occupation
• whether the occupation is eligible
• the correct assessing authority
• whether an assessment is mandatory
• when it must be obtained or commenced
• whether an exemption applies
• how long it will remain valid
• whether an existing assessment was issued for the correct migration
  purpose

The assessment should fit the migration strategy, not the other way
around.

Hans Immigration Services can review your proposed skilled migration or
employer-sponsored pathway and help you identify whether a skills
assessment is required.

Book a consultation with Hans Immigration Services to discuss your
skilled migration pathway.