How to migrate to Australia as a skilled worker?

HOW TO MIGRATE TO AUSTRALIA AS A SKILLED WORKER?

In 2021-22, Australia’s Skilled Immigration Program has accounted for the arrival of almost 80,000 workers under the Skilled Migration Stream to ensure that Australia is able to meet shortages in occupations that desperately need workers.
Skilled Migration to Australia aims to attract candidates from around the world who are eager to move to Australia and to make a significant contribution to the nation’s economy and growth.
This guide is intended as a brief summary in assisting you to migrate and to obtain a Skilled Workers Visa in Australia.

What Skilled Workers Are Needed In Australia?

The Department of Home Affairs provides potential applicants of the Skilled Migration Program a list of occupations the Government has deemed as skilled and can be found here.
The list is compiled using the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for each occupation which lists, among other things:● The ANZSCO job title;● The skill level required to complete the named job; and● The relevant qualifications and/or experience needed to work in the named occupation.
In addition to the above, the Department of Home Affairs currently lists forty-four occupations that have been placed under the Priority Migration Skilled Occupation List (PMSOL). These occupations have been listed as critical to Australia’s COVID-19 recovery and are given priority processing. This list can be found here.

What Skills Are Required To Migrate To Australia?

Depending on the Skilled Role you have and are eligible to apply under, different occupations will list different skills which are required to successfully migrate. These skills include levels of education and on-the-job experience/training both offshore and onshore.As mentioned above, the ANZSCO list of skilled occupations lists the required skill level needed to complete each role and ranks them from Skill Level 1 – 5:
● Skill Level 1 – Bachelor’s Degree or high qualification;● Skill Level 2 – Australian Qualifications Framework (AQF) Associate Degree, Advanced Diploma or Diploma;● Skill Level 3 – AQF Certificate IV or AQF certificate III with at least two years of on-the-job training;● Skill Level 4 – AQF Certificate II or III;● Skill Level 5 – AQF Certificate I or compulsory secondary education.
In order to apply for a visa under the General Skilled Migration Program in Australia, you will most likely need to participate in a skills assessment, conducted by a Home Affairs approved assessment authority. The skills assessment is conducted to ensure that you are able to provide the Department sufficient evidence that you have the required skills for your nominated role. A list of Department of Home Affairs approved assessing authorities can be found here.

What Are Points For Skilled Immigration And How Many Do You Need?

In order to apply under the General Skilled Migration Program in addition to the above requirements, the Department of Home Affair’s uses a points system to assess eligible candidates. In order to be deemed eligible to apply under the GSM, a candidate needs to score at least sixty-five points (65).
Points are awarded based on a number of factors including a candidate’s age, English proficiency level, work experience (onshore and offshore), education and spouse qualifications.

Australia Skilled Worker Visa

Australia offers multiple skilled work visas that you may be eligible to apply for. These visas have different requirements in order for you to be eligible. Under the Skilled Worker Visa program, the Department of Home Affairs offers the following visas:● Employer Nomination Scheme (ENS) visa (subclass 186)● Regional Sponsored Migration Scheme (RSMS) visa (subclass 187)● Skilled Independent visa (subclass 189) – Points-tested stream*● Skilled Nominated visa (subclass 190)*● Training visa (subclass 407)● Temporary Skill Shortage (TSS) visa (subclass 482)● Temporary Graduate visa (subclass 485) – Graduate Work ● Skilled Regional (Provisional) visa (subclass 489)*● Skilled Work Regional (Provisional) visa (subclass 491)*● Skilled Employer Sponsored Regional (provisional) visa (subclass 494).*Indicate visas under the GSM

Australia Skilled Worker Visa Requirements

In order to apply for a visa under the GSM, you must ensure that your chosen occupation falls under a listed occupation under the ANZSCO and that you have an approved skills assessment by a relevant authority. In addition to this, you are only able to apply for a visa if you are invited to after completing an Expression of Interest (EOI) via SkillSelect.
SkillSelect is used by the Department to assess EOI applications made by candidates who wish to apply for skilled visas in Australia. In order to apply for certain Independent and Skilled Regional (Provisional) visas, an applicant will have to be invited to apply first. This can only be done by filing an EOI with SkillSelect wherein an applicant lists their work experience, qualifications, English language ability and family composition in order to secure an invitation to apply.

Australia Skilled Worker Visa Age Limit

As per the Department of Home Affairs, an applicant cannot apply for a Permanent Skills Based Visa after they have turned forty-five.
Using the points test set out by the Department, the most desired age for applicants entering under the GSM is at least 25 years old but less than 33 years.
Applicants who are forty-five or over may need to seek alternative visas in order to secure a pathway to migration to Australia. Alternative options include but are not limited to:● Employer Sponsored Temporary Visa (subclass 482)● Business visas● Global Talent Visa ● You meet an exemption to the age rule

Australia Skilled Worker Visa Processing Time

Visa processing times depend on the subclass of skilled visa applied for with a list of processing times for visa found here.
The Department sets out certain skilled visas subject to priority processing. These visas include:● Subclass 124 (Distinguished Talent)● Subclass 186 (Employer Nomination Scheme)● Subclass 187 (Regional Sponsored Migration Scheme)● Subclass 188 (Business Innovation and Investment)● Subclass 189 (Skilled - Independent) (Points-tested Stream)● Subclass 190 (Skilled - Nominated)● Subclass 489 (Skilled - Regional (Provisional))● Subclass 491 (Skilled Work Regional (Provisional)) ● Subclass 494 (Employer Sponsored Regional (Provisional))● Subclass 858 (Global Talent)
The Department further outlines that priority processing is determined (in order of priority) by:
Any of the following: 1. Employer Sponsored or Regional Sponsored where the nominated occupation is specified in the Priority Migration Skilled Occupation List (PMSOL)● Employer Sponsored or Regional Sponsored where the nominated occupation is an Agriculture Sector Occupation● The applicant is nominated by an employer under a Global Talent Employer Sponsored Agreement● All applications identified through the Global Talent Program● Applications for the Subclass 188 visa in the following order:1. Subclass 188 visa applications in the Significant Investor stream2. All other Subclass 188 visa applications.
2. Occupations within a Critical Sector3. Employer Sponsored or Regional Sponsored by an employer who is a party to a labour agreement under a Designated Area Migration Agreement4. Subclass 494 (Employer Sponsored Regional (Provisional)), where the applicant is nominated by an approved sponsor with Accredited Status or nominated by a labour agreement not mentioned in priority (1)5. Subclass 491 (Skilled Work Regional (Provisional))6. Employer Sponsored, where the applicant is nominated by an approved sponsor with Accredited Status, or nominated by a party to a labour agreement not mentioned in priority (1) or (2) above 7. Subclass 187 (Regional Sponsored Migration Scheme), where the applicant is nominated by an approved

Why Your Skilled Visa Application Could Be Rejected

Depending on the visa you apply for, your visa may be refused for numerous different reasons including but not limited to:● You not meeting the necessary skill or points requirement;● You did not meet the basic English requirements;● You or your family not meeting the minimum health requirements;● You or your family not meeting the character requirements; and● You owe a debt to the Australian government.
Seeking help from a professional Immigration Lawyer is your best option to ensure you have all the necessary help when lodging a visa application. Our office is able to assist you in lodging an application or to help you appeal a decision against a refused visa application.
Final WordsThe material included in this article is designed and intended to provide general information in summary on various Skilled Work Visa options in Australia, which is current at the time of publication and is for general informational purposes only. The contents do not constitute legal advice and are not intended to be a substitute for legal advice and should not be relied upon as such.Migrating to Australia can be overwhelming for some. A solicitor can assist and guide you to meet the legal requirements of migrating to Australia. Contact our office to speak with one of our lawyers who can help guide you through the process and assist you with Migrating to Australia and help you maximise the prospects of your application being successful.