The question of whether a skills assessment is required is not an easy one to answer! It took me a bit of time to grasp.

 

Certain TSS primary visa applicants, in all visa streams, are required to demonstrate that they have commenced a skills assessment process, or they must provide a skills assessment where the relevant assessing authority has assessed the applicant’s skills as suitable for the occupation within the required time period.

 

The TSS visa application form will ask primary applicants to provide a reference number for their skills assessment where they have commenced or completed an assessment, or explain why they believe they are exempt from this requirement.

 

Who needs to do a skills assessment?

 

This is only required where the applicant is part of a class of persons specified in the relevant legislative instrument and no exemptions apply.

 

For your convenience, you can find the legislative instrument here: legislative instrument.

 

The legislative instrument lists the number of countries and classified occupations that may require a skills assessment.

 

Managing applications where a reference number is provided

 

The skills assessment does not necessarily need to be completed however it must have commenced.

 

For this purpose, where it is identified that the applicant falls into the class of persons specified, provision of a valid reference number for a skills assessment that they have commenced or completed is considered sufficient.

 

If a reference is provided, the Department will generally continue processing of the application.

 

Note there are a few other requirements that must be met for the reference to be considered valid. As stated in the Department’s procedure advice manual, these include:

 

  • to that specific client by the relevant skills assessing authority for their skills assessment;
  • for the type of skills assessment required for the nominated occupation as specified in the relevant legislative instrument; and
  • not relate to an assessment that has been finalised:
    • as unsuccessful; or
    • outside of the required period specified in the relevant legislative instrument (i.e. the related skills assessment is not dated more than three years before the date of application lodgement).

 

Managing applications where an exemption is claimed

 

If a reference number is not provided and the visa applicant indicates that an exemption applies, the decision maker at the Department will need to assess whether they are satisfied that a skills assessment is not.

 

If it is unclear whether the claimed or any other specified exemption applies, the decision makers are required to consider providing the applicant an opportunity to rectify the validity of the visa application.

 

Please note that skills assessment are complex and that the above information is general in nature. Each circumstance is different and I do not recommend you act on the above information without obtaining legal advice first.