Exemption requirements for skills assessment.

[Echrist]

I’m currently working for an engineering company in Melbourne and they have submitted an application to sponsor me on a visa subclass 482, one of the questions on my application for the skills assessment is ‘has the applicant commenced or completed a skills assessment?’, I’ve put no for this. The following statement is ‘the applicant declares that they’re not required to undertake a mandatory skills assessment’ I have selected yes for this. The application provides a drop down list of reasons why and I have chosen ‘occupation/passport country not on the list’. 

Will this application be approved without doing the skills assessment? As I said I have been working for my sponsorship company for a year now. 

[paulhand]

For a 482 the skills test requirements depend on the occupation nominated. 

[Echrist]

Occupation is Fitter and Turner ANZSCO code 313212. Looking at the legislation “Migration (IMMI 18/039: Mandatory Skills Assessment—Subclass 482 Visa) Instrument 2018” there is an exemption clause in section 7 (2) (a) that says the following:

(2) A person who has applied for a Subclass 482 (Temporary Skill Shortage) visa is an exempt applicant for an occupation if:
(a) both of the following apply in relation to the person:
(i) the person holds a relevant qualification for the nominated
occupation to which the application relates that is commensurate
with the qualification specified for the occupation in ANZSCO;
(ii) the qualification was obtained as a result of the successful
completion of a course of study or training in Australia or a
permitted country for the occupation;

Based on this can I argue that I am exempt from doing a skills assessment? My qualifications are equal to the ANZSCO and my employer (sponsor) recognises my qualifications as I’ve been working for them for a year as a fitter and turner.

 

 

[VERYSTORMY]

If you or the sponsor are not using a registered migration agent to deal with this, it would be mind boggingly stupid. It is setting yourselves up for a very long very expensive time. 

The department has a long history of loving to refuse 482 applications. A refusal can mean loss of fees and far worse. 

[Marisawright]

Any employer who tries to sponsor an employee without the help of an agent is asking for trouble

[wrussell]

The indicative skill levels, as disclosed by ANZSCO lead may people astray.

[Bern]

There is no exemption for skills assessment for certain applicants for specific occupations and passport holders.

Kind regards

Bernadette Burns

Registered Migration Agent registered from 2007

MARN. 0744805

bern.burns@yahoo.com.au

[Echrist]

According to the table of occupations that require a skills assessment under visa subclass 482 ‘fitter and turner’ does not include the U.K. as one of the countries required for a skills assessment. Based on this my U.K. passport and qualifications should provide sufficient evidence for exemption of the skills assessment. 

[Marisawright]

1 hour ago, Echrist said:

According to the table of occupations that require a skills assessment under visa subclass 482 ‘fitter and turner’ does not include the U.K. as one of the countries required for a skills assessment. Based on this my U.K. passport and qualifications should provide sufficient evidence for exemption of the skills assessment. 

If you're so sure of that, why are you asking?

[Echrist]

Just to see if anyone agrees with me.

[Baikie1991]

Bit late on this thread but, I'm basically the same. On a metal fabricator looking at the list I'm exempt in my eyes. Not sure where u can get a proper answer about it. Anybody has the same? 

[Raul Senise]

For a subclass 482, certain occupation have a mandatory requirement for a skills assessment.

For other occupation such as Fitter and Turner, it depends on the Country of passport, as prescribed by the relevant Legislative Instrument.

The case officer has the discretion to request a skills assessment for any occupation, if they see fit.