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Mandatory Registrations or Licensing

Sep 9, 2024 | AUS | 0 comments

When moving to Australia and searching for work, it’s essential to know that some jobs require specific licenses or registrations. To avoid unnecessary delays or wasted efforts, it’s important to check whether your chosen profession is regulated. In this article, we’ll walk you through some of the key occupations that require licensing and how this impacts your visa application process.

Professions That Require Licensing or Registration

In Australia, several occupations are governed by legal requirements, meaning you must hold a valid registration or license to work in those fields. Examples of such regulated professions include roles like solicitors, plumbers, and electricians. The registration or licensing rules are typically set by Commonwealth or State/Territory laws and managed by a designated authority responsible for that specific industry.

A helpful way to check if your occupation needs a license or registration is to refer to the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which provides detailed job descriptions and often includes whether registration is mandatory.

Do You Need to Be Registered or Licensed Before Applying for a Visa?

Whether you need to secure a license or registration before submitting your visa application depends on the type of visa you are applying for. Let’s take a closer look:

General Skilled Migration (Points-Tested Visas): Subclass 189, 190, or 491

For these visa types, holding a license or registration before applying is not an immediate requirement. However, for a positive skills assessment, which is needed for submitting your Expression of Interest (EOI), you may have to demonstrate that you have the necessary licensing.

Additionally, if you are claiming points for your work experience in Australia, only the time worked while holding a valid license or registration can be counted.

407 Training Visa and 482 Temporary Skill Shortage (TSS) Visa

When reviewing applications for a TSS and 407 visa, immigration officers need to be satisfied that the applicant has the skills and qualifications necessary for the job. While most occupations don’t require you to have a license or registration at the time the visa is granted, you will need to secure it before starting work to meet visa condition 8607.

If you’re a carpenter, plumber, electrician, or in a similar trade, and obtaining your registration or license takes more than 90 days or requires formal training, it may be worth exploring alternative visa options, such as the Training Visa (Subclass 407) or the Student Visa (Subclass 500), to cover the training period. To be sponsored under either the Training Visa or the TSS visa, you must have the relevant qualifications and either be registered or have completed the necessary on-the-job training as outlined in the ANZSCO requirements.

For instance, if you hold a Certificate III in Carpentry, to be eligible for the 407 or 482 visas, you must have completed two years of on-the-job training in addition to meeting the work experience requirements for your visa. Always ensure that you check the ANZSCO for your nominated occupation to confirm the specific requirements.

Employer Nomination Scheme (ENS) Visa: Subclass 186

Unlike the other visas, the Subclass 186 requires applicants to hold the appropriate registration, license, or membership at the time of submitting the visa application. This is a mandatory requirement that cannot be bypassed.

Can Mandatory Licensing or Registration Be Waived?

If your profession legally requires a license or registration, this cannot be waived. These rules are strictly enforced, so it’s essential to comply with all licensing or registration requirements if they apply to your occupation.

How Can We Assist You?

Navigating visa applications and ensuring compliance with licensing requirements can be complicated. At Crystal Migration Legal Services, we offer expert advice tailored to your specific situation. If you need help with your visa application or want more information on registration requirements, we encourage you to schedule consultation with one of our experienced immigration lawyers. You can contact us at 02 9189 2988.