Mandatory Registrations or Licensing

Mandatory Registrations or Licensing

If you're an immigrant in Australia and looking for a job, there are some occupations that require mandatory registrations or licenses. Make sure you research what's required before starting your job search, so you don't end up wasting your time. In this blog post, we'll share a few of the most common occupations that need licenses or registrations. Keep reading to learn more!

Some occupations in Australia legally requires the person to hold a valid registration or licence.

A tiny fraction of examples being, solicitor, plumber, electrician… etc.

Registration and licensing requirements are generally specified in Commonwealth or State/Territory legislation that would apply to a specific occupation or trade and would be administered by a specific authority specified in the legislation.

For purpose of migration, a good indication of whether your occupation requires any licence are found on ANZSCO descriptors.

Some occupations in Australia legally requires the person to hold a valid registration or licence.

A tiny fraction of examples being, solicitor, plumber, electrician… etc.

Registration and licensing requirements are generally specified in Commonwealth or State/Territory legislation that would apply to a specific occupation or trade and would be administered by a specific authority specified in the legislation.


Do I Need To Be Licensed/ Registered Before I Apply For The Visa?

This depends on the visa that you apply for.


General Skilled Migration (point-based visas): Subclass 189, 190 or 491 visas

To be eligible for this visa, technically there is no requirement for you to be holding a licence/ registration.

However, to obtain a positive skills assessment which is required when you submit your Expression of Interest, you may be required to prove that you are licensed or registered.

Also, if you are giving yourself x points for your work experience in Australia, you can only count the work that you have accumulated while you are licensed/registered.


Temporary Skill Shortage visa: subclass 482

When assessing TSS visa applications, decision-makers are required to be satisfied that the primary visa applicant has the ‘skills, qualifications and employment background’ necessary to perform the nominated occupation.

With the exception of Medical Practitioners, demonstrating that a visa applicant has the relevant Australian licensing/registration (if mandatory to perform the nominated occupation) is not a requirement for TSS visa grant.

However, to comply with visa condition 8607, TSS primary visa holders must obtain any mandatory registration/licensing/membership before performing work in the nominated occupation.

Consequently, if obtaining the registration/licensing/membership will take more than 90 days or requires formal training (that is, external from the employer), the applicant should, for this training period, consider applying for a Training (subclass 407) visa or a Student (subclass 500) visa.

 

Employer Nomination Scheme: subclass 186

Unlike the GSM or TSS visas, 186 ENS visa has a requirement that a person holds a relevant registration, licence or membership, at the time of application.

Can Mandatory Registration/Licensing Requirements Be Waived/ Exempted?

If your occupation has a mandatory registration, licensing or membership criterion, it cannot be waived under any circumstances.

How Can Agape Henry Crux Help You?

If you want to find out more about your visa or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.