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Is a Skills Assessment Needed? 187

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Hi

 

My partner is a hairdresser and has a company interested in sponsoring her.

It's in a regional area so RSMS 187 visa is an option. As is a 457.

I know a skills assessment is not needed for the 457, but I'm a bit confused as to whether one is needed for a hairdresser applying for a 187. Does anyone have the answer?

 

The processing time for the 187 looks better, but not if a skills assessment is required. They want her to start ASAP.

 

Thanks

 

Joe

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Hi joe that's great news! sorry I don't know the answer to your question though.


If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

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Hi

 

My partner is a hairdresser and has a company interested in sponsoring her.

It's in a regional area so RSMS 187 visa is an option. As is a 457.

I know a skills assessment is not needed for the 457, but I'm a bit confused as to whether one is needed for a hairdresser applying for a 187. Does anyone have the answer?

 

The processing time for the 187 looks better, but not if a skills assessment is required. They want her to start ASAP.

 

Thanks

 

Joe

 

Hi Joe,

 

The requirement for RSMS 187 visa.

 

Link: http://www.immi.gov.au/Visas/Pages/187.aspx#

 

This information tells you what you need to do to apply for a Regional Sponsored Migration Scheme visa (subclass 187).

You can apply for this visa only after you have been nominated by your employer in Australia. You must lodge your application within six months of the nomination being approved. You must apply for the visa in the stream in which your employer nominated you or your visa application could be refused.

 

Expand allCollapse all

 

 

Who could get this visa

 

You might be able to get this visa if you:

 

 

  • have been nominated by an approved Australian employer in regional Australia (outside of the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong and Melbourne) within six months before you apply

  • are under the age of 50 at time of application lodgement, unless you are exempt

  • at time of application lodgement, have the required skills and qualifications for the position you have been nominated for – you must hold any mandatory registration, license or professional membership, or you must already be fully assessed as suitable by the relevant body

  • at time of application lodgement, have appropriate English language skills for Temporary Residence Transition (TRT) stream and Direct Entry (DE) stream unless you are exempt

  • meet health and character requirements

  • meet the requirements of the stream in which you apply.

 

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Not everyone needs it. I think part of it depends on a few things, but I can't remember off hand the criteria.


Has two beautiful Aussie little girls :-)

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Thanks for your replies guys :)

I'm still none the wiser about whether a skills test is required, but I will continue to hunt for the answer!

 

Merry Christmas & a Happy New Year!

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As far as I know skills assessment is not required for applicants that have Australian qualifications relevant to the nominating occupation/position. if your nomination occupation is not relevant to your qualifications, but have sufficient experience then you might need skills assessment and/or you have overseas qualifications relevant to nominating occupation which you will claim for your nomination.

 

Thanks for your replies guys :)

I'm still none the wiser about whether a skills test is required, but I will continue to hunt for the answer!

 

Merry Christmas & a Happy New Year!

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Thanks for your replies guys :)

I'm still none the wiser about whether a skills test is required, but I will continue to hunt for the answer!

 

Merry Christmas & a Happy New Year!

 

Hi, I was just wondering if you had any luck finding out if you needed a skills assessment for 187?

 

Sarah

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If you are applying via the Direct entry stream and you obtained your qualifications overseas, a skills assessment is required for a 187 application.

http://www.immi.gov.au/Visas/Pages/187.aspx See Visa applicants > Who could get this visa > Direct Entry stream

Edited by Ozmaniac

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http://www.comlaw.gov.au/Details/F2012L01949

 

Have a look at this Legislative Instrument.

 

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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and then read this:

187.111

In this Part:

application for approval means an application under regulation 5.19 for approval of the nomination of a position.

occupation means the occupation that would be carried out by a person who is employed in a position.

regional Australia has the meaning given by subregulation 5.19(7).

Note 1 For ANZSCO and labour agreement: see regulation 1.03.

Note 2 Regulation 1.03 provides that competent English has the meaning set out in regulation 1.15C.

Note 3 Regulation 1.03 provides that vocational English has the meaning set out in regulation 1.15B.

187.2 Primary criteria

Note The primary criteria for the grant of a Subclass 187 visa include criteria set out in streams.

[sLI 2012, 82 had "streams.." - ComLaw compilations have applied slip rule/corrected typo as has LEGEND

If an applicant applies for a Subclass 187 visa in the Temporary Residence Transition stream, the criteria in Subdivisions 187.21 and 187.22 are the primary criteria for the grant of the visa.

If an applicant applies for a Subclass 187 visa in the Direct Entry stream, the criteria in Subdivisions 187.21 and 187.23 are the primary criteria.

If an applicant applies for a Subclass 187 visa in the Agreement stream, the criteria in Subdivisions 187.21 and 187.24 are the primary criteria.

The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

All criteria must be satisfied at the time a decision is made on the application.

187.21 Common criteria

Note These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 187 visa.

187.211

If it is mandatory, in the State or Territory in which the position to which the application relates is located, that a person:

(a) hold a licence of a particular kind; or

(b) hold registration of a particular kind; or

© be a member (or a member of a particular kind) of a particular professional body;

to perform tasks of the kind to be performed in the occupation to which a position relates, the applicant is, or is eligible to become, the holder of the licence, the holder of the registration, or a member of the body, at the time of application.

187.212

The position to which the application relates will provide to the applicant the employment referred to in the application for approval.

187.213

[(1) amended by SLI 2012, 256 with effect on and from 24/11/2012

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criteria 4001, 4002, 4003, 4004, 4010 and 4020.

(4) Each member of the family unit of the applicant who:

(a) is an applicant for a Subclass 187 visa; and

(b) had turned 18 at the time of application;

satisfies public interest criterion 4019.

(5) Each member of the family unit of the applicant who:

(a) is an applicant for a Subclass 187 visa; and

(b) has not turned 18;

satisfies public interest criteria 4015 and 4016.

(6) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criteria 4001, 4002, 4003 and 4004.

187.214

(1) The applicant satisfies special return criteria 5001, 5002 and 5010.

(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies special return criteria 5001, 5002 and 5010.

[187.215 omitted by SLI 2012, 256 with effect on and from 24/11/2012

187.22 Criteria for Temporary Residence Transition stream

Note These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Temporary Residence Transition stream.

187.221

At the time of application, the applicant:

(a) had not turned 50; or

(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

187.222

At the time of application, the applicant:

(a) had vocational English; or

(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

187.223

(1) The position to which the application relates is the position:

(a) nominated in an application for approval that seeks to meet the requirements of subregulation 5.19(3); and

[(b) amended by SLI 2013, 32 with effect on and from 23/03/2013 - LEGEND note]

(b) in relation to which the applicant is identified as the holder of a Subclass 457 (Temporary Work (Skilled)) visa; and

© in relation to which the declaration mentioned in paragraph 1114C(3)(d) of Schedule 1 was made in the application for the grant of the visa.

(2) The Minister has approved the nomination.

(3) The nomination has not subsequently been withdrawn.

(4) The position to which the application relates is located in regional Australia.

(5) The position is still available to the applicant.

(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.

187.224

(1) The applicant satisfies public interest criterion 4007.

(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4007.

(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4007 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

187.23 Criteria for Direct Entry stream

Note These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Direct Entry stream.

187.231

At the time of application, the applicant:

(a) had not turned 50; or

(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

187.232

At the time of application, the applicant:

(a) had competent English; or

(b) was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph.

187.233

(1) The position to which the application relates is the position:

(a) nominated in an application for approval that seeks to meet the requirements of:

(i) subparagraph 5.19(4)(h)(ii); or

(ii) subregulation 5.19(4) as in force before 1 July 2012; and

(b) in relation to which the declaration mentioned in paragraph 1114C(3)(d) of Schedule 1 was made in the application for the grant of the visa.

(2) The person who will employ the applicant is the person who was the nominator in the application for approval.

(3) The Minister has approved the nomination.

(4) The nomination has not subsequently been withdrawn.

(5) The position is still available to the applicant.

(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.

187.234

At the time of application:

(a) the applicant was a person in a class of persons specified by the Minister in an instrument in writing for this paragraph; or

[(b) repealed/substituted by MLA(2014MNo.1)R 2014 with effect on and from 01/07/2014 - transitional/application see Sch 13 3102 - previously amended by SLI 2013, 233 with effect on and from 28/10/2013

(b) all of the following requirements were met:

(i) the applicant’s occupation is specified by the Minister in an instrument in writing for this subparagraph;

(ii) the applicant did not obtain the necessary qualification in Australia;

(iii) the applicant’s skills had been assessed as suitable for the occupation by an assessing authority specified by the Minister in the instrument for subparagraph (i) as the assessing authority for the occupation;

(iv) the assessment was not for a Subclass 485 (Temporary Graduate) visa;

 

(v) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment — the period had not ended;

(vi) if subparagraph (v) did not apply — not more than 3 years had passed since the date of the assessment; or

© if neither paragraph (a) nor (b) applies, the applicant had the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation.

187.235

(1) The applicant satisfies public interest criterion 4005.

(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4005.

(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4005 unless it would be unreasonable to require the member to undergo assessment in relation to the criterion.

187.24 Criteria for Agreement stream

Note These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 187 visa in the Agreement stream.

187.241

Either:

(a) the applicant had not turned 50 at the time of application; or

(b) the Minister has agreed, in a labour agreement:

(i) that is in effect; and

(ii) to which the employer is a party; and

(iii) under which the position to which the application relates is nominated;

that persons who have turned 50 may be employed.

187.242

(1) The position to which the application relates is the position:

(a) nominated by an employer in accordance with a labour agreement that is in effect and to which the employer is a party; and

(b) identified in the application for the grant of the visa.

(2) The requirements of the labour agreement have been met in relation to the application.

(3) The Minister has approved the nomination.

(4) The nomination has not subsequently been withdrawn.

(5) The position is still available to the applicant.

(6) The Minister is satisfied that the terms and conditions of employment applicable to the position will be no less favourable than the terms and conditions that:

(a) are provided; or

(b) would be provided;

to an Australian citizen or an Australian permanent resident for performing equivalent work in the workplace to which the application relates at the same location.

187.243

The applicant has qualifications, experience and other attributes that are suitable for the position.

187.244

(1) The applicant satisfies public interest criterion 4005.

(2) Each member of the family unit of the applicant who is an applicant for a Subclass 187 visa satisfies public interest criterion 4005.

(3) Each member of the family unit of the applicant who is not an applicant for a Subclass 187 visa satisfies public interest criterion 4005 unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to the criterion.

187.3 Secondary criteria

Note These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application.

187.31 Criteria

187.311

The applicant:

(a) is a member of the family unit of a person (the primary applicant) who holds a Subclass 187 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and

(b) made a combined application with the primary applicant.

187.312

Any nomination approved in respect of the primary applicant, and mentioned in paragraph 1114C(3)(d) of Schedule 1, includes the applicant.

187.313

[(1) amended by SLI 2012, 256 with effect on and from 24/11/2012 - LEGEND note]

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4020 and 4021.

(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.

(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018.

(4) If the primary applicant holds a Subclass 187 visa in the Temporary Residence Transition stream, the applicant satisfies public interest criterion 4007.

(5) If subclause (4) does not apply, the applicant satisfies public interest criterion 4005.

187.314

The applicant satisfies special return criteria 5001, 5002 and 5010.

[187.315 omitted by SLI 2012, 256 with effect on and from 24/11/2012

187.4 Circumstances applicable to grant

187.411

[187.411 inc note substituted by SLI 2012, 256 with effect on and from 24/11/2012

The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance.

Note The second instalment of visa application charge must be paid before the visa can be granted.

187.5 When visa is in effect

187.511

[amended by MA(ROP)R 2014 with effect on and from 22/03/2014 - transitional/application see Sch 13 2801(1) and 2801(2)

Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.

187.6 Conditions

187.611

If the applicant is outside Australia when the visa is granted:

(a) first entry must be made before the date specified by the Minister; and

(b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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