Introduction 

Migrating to Australia as a skilled professional presents many opportunities, but it involves meeting strict criteria to demonstrate that applicants have the required skills and qualifications. Obtaining a skills assessment is a crucial part of the process, as it is mandatory for several visa categories and serves as proof that an applicant’s skills align with Australian standards. This article delves into the skills assessment process, providing guidance on how to navigate this vital step. 

Understanding Skills Assessments 

A skills assessment is crucial in the Australian visa application process, particularly for visas under the General Skilled Migration (GSM) program. It involves a thorough evaluation of your qualifications and work experience by authorized skills assessing authority to ensure they meet the standards required for your nominated occupation in Australia.  

Each occupation on the list of eligible skilled occupations has specific skills assessing authority, and only assessments from these relevant authorities are accepted for visa purposes. Without a positive skills assessment, your application for visas such as the Skilled Independent visa (subclass 189), Skilled Nominated visa (subclass 190), Skilled Regional (Provisional) visa (subclass 489), and Skilled Work Regional (Provisional) visa (subclass 491) will not be successful. 

The assessment process varies among assessing authorities, each with its procedures, timeframes, and charges. Therefore, it’s crucial to plan well in advance to ensure that the assessment is completed before applying for a visa. The outcome of the skills assessment can significantly impact your visa application since a positive assessment is often required to proceed further.

Which Visas Require a Skills Assessment? 

The requirement for a skills assessment is primarily associated with the following visa categories: 

1. General Skilled Migration (GSM) Visas: 

For applicants pursuing points-tested visas under the General Skilled Migration (GSM) category, obtaining a suitable skills assessment is essential. The key visa subclasses that fall under this category are as follows: 

• Skilled Independent visa (subclass 189) — Points-tested stream 
• Skilled Nominated visa (subclass 190) 
• Skilled Regional (Provisional) visa (subclass 489) — Invited Pathway 
• Skilled Work Regional (Provisional) visa (subclass 491) 

In order to be eligible for these visas, applicants must choose an occupation from the relevant skilled occupation list for their specific visa subclass. It is mandatory to provide proof of a suitable skills assessment when submitting the visa application. This assessment must be obtained before the applicant is invited to apply, and it must be valid at the time of invitation.  

In a recent legal update based on the decision in Thapa v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2021] FCCA 686, the Minister’s delegates may now accept a skills assessment obtained within the 60-day invitation period. However, it is strongly recommended to arrange the skills assessment well before submitting your Expression of Interest (EOI) 2in SkillSelect to avoid potential complications.

Skills assessments typically have a validity period, calculated based on the information provided by the assessing authority. If no validity period is specified, the assessment is generally valid for three years from the date of issue. However, if a shorter validity period is indicated, that period will apply. It is important to ensure that the skills assessment remains valid throughout the visa application process. 

2. Employer-Sponsored Visas:  

• Employer Nomination Scheme (subclass 186) 
• Regional Sponsored Migration Scheme (subclass 187)4 
• Temporary Skill Shortage visa (subclass 482) 

The requirement for a skills assessment varies depending on the specific stream within these visa subclasses. For example, the Direct Entry stream under subclass 186 and 187 requires a skills assessment, whereas it may not be mandatory for other streams unless specifically requested by the decision-maker. 

3. Temporary Skill Shortage visa (subclass 482) 

The Temporary Skill Shortage (TSS) visa (subclass 482) allows Australian employers to sponsor skilled workers from overseas to address labour shortages. For certain jobs, applicants must have their skills assessed as part of the visa application. They should start or complete this assessment within three years before applying for the visa. Including the skills assessment reference number in the application is important to avoid delays. In some cases, applicants may not need a skills assessment, but the Department of Home Affairs may still ask for it. It’s important to be proactive and ensure that all documentation, including the skills assessment, is for a smoother visa application experience.

4. Temporary Graduate Visa (subclass 485):

• Graduate Work Stream 

Applicants under the Graduate Work Stream must obtain a skills assessment for an occupation listed on the Medium to Long Term Strategic Skills List (MLTSSL6).

Steps to Obtain a Skills Assessment 

The process of obtaining a skills assessment involves several steps: 

1. Contact the Relevant Assessing Authority: It’s important to find and reach out to the right skills assessing authority for your job. Each authority has its own steps, schedules, and costs, so start this process well before applying for your visa. 
2. Submit Your Application: Once you have gathered the necessary documentation, including evidence of your qualifications and work experience, you can submit your application to the assessing authority. It is essential to ensure that all documents are certified and meet the specific requirements of the assessing authority. 
3. Receive Your Assessment: After the assessing authority has reviewed your application, you will receive a skills assessment outcome. A positive assessment confirms that your skills are suitable for your nominated occupation in Australia, and you can proceed with your visa application. If the assessment is negative, you may need to explore alternative visa options or address any deficiencies before reapplying. 

Validity of Skills Assessments 

Understanding the validity period of your skills assessment is crucial to avoid any complications in your visa application. The general rules are as follows: 

• If no validity period is specified, the skills assessment is valid for three years from the date of issue. 
• If the validity period is less than three years, the assessment is valid only for the period stated. 
• If the validity period is more than three years, it is still only valid for three years from the date of issue. 

It is advisable to ensure that your skills assessment is valid at the time of both your Expression of Interest (EOI) submission and your visa application. 

Key Considerations 

• Timing: Start the skills assessment process early as it can take several weeks or even months, depending on the authority. 
• Accuracy: Ensure that all information provided is accurate and complete to avoid delays or rejections. 
• Relevance: Obtain a skills assessment that meets the requirements for permanent migration. Some assessments, such as those for a Temporary Graduate visa (subclass 485), may not be suitable for other visa categories. 

Conclusion 

In the Australian visa application process, a skills assessment is crucial for many skilled workers. It’s important to fully understand the requirements, contact the correct assessing authority, and ensure that your assessment is valid. By doing so, you can significantly increase your chances of a successful visa application. I advise clients to approach this step with utmost diligence and to seek professional guidance if necessary. The path to Australian migration may be complex, but with careful planning and the right support, it is definitely achievable. 

Author

Laiba Fateh
Team Leader