Skill Assessment Exemption for ENS Direct Entry
TABLE OF CONTENTS
No Time of Application/Time of Decision Dichotomy for Nominations
Exemptions for Age and English Recast
Skill Assessment Exemption for ENS Direct Entry
Ministers of Religion no Longer Exempt
Have One's Regulatory House in Order
The Revamp of the ENS Regime Which Came into Force on 1 July 2012
The requirement for a skill assessment is as follows :
186.4
[186.234] (1) At the time of application, subclause (2) or (3) applies.
[186.234] (2) All of the following apply:
(a) an assessing authority specified by the Minister in an instrument in writing for this subclause, as the assessing authority for the occupation, has assessed the applicant’s skills as suitable for the occupation;
(aa) the assessment is not for a Subclass 485 (Temporary Graduate) visa;
(ab) if the assessment specifies a period during which the assessment is valid, and the period does not end more than 3 years after the date of the assessment — the period has not ended;
(ac) if paragraph (ab) does not apply — not more than 3 years have passed since the date of the assessment;
(b) the applicant has been employed in the occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation.
[186.234] (3) The applicant is a person in a class of persons specified by the Minister in an instrument in writi for this subclause.
The exemption under 186.234(3) is as follows :
Class 4
Persons who are employed in certain occupations, as follows:
- Researchers, scientists and technical specialists at the ANZSCO skill levels one or two, who have applied for a visa under the Regulations to occupy a position as nominated by Australian scientific government agencies; and
- Academics who have applied for a visa under the Regulations to occupy a position as nominated by an Australian university in Australia. An academic is a person to be employed at an Academic Level of A, B, C, D or E, in the position of a:
- University Tutor (ANZSCO: 242112);
- University Lecturer (ANZSCO: 242111); or
- Faculty Head (ANZSCO: 134411).
Note the difference between Class 4 & Class 5 is the University Tutor occupation.