Staleness Of A Skill Assessment Is Now Defined By Law

 
 

The Legislative Instrument dated 12 June 2014 and in effect from 1 July 2014 allows an assessment body to specify how long a skill assessment is valid for and if it is not specified by the assessment body then a skill assessment is only valid for 3 years.  Here is what the changes are to the visas affected by a skill assessment regime:

 

After paragraph 186.234(2)(aa)[4] of Schedule 2

Insert:

       (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;

2  Paragraph 187.234(b[5]) of Schedule 2

Repeal the paragraph, substitute:

         (b)              all of the following requirements were met:

                  (i)              the applicant’s occupation is specified by the Minister in an instrument in writing for this subparagraph;

                 (ii)              the applicant did not obtain the necessary qualification in Australia;

                (iii)              the applicant’s skills had been assessed as suitable for the occupation by an assessing authority specified by the Minister in the instrument for subparagraph (i) as the assessing authority for the occupation;

                (iv)              the assessment was not for a Subclass 485 (Temporary Graduate) visa;

                 (v)              if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended;

                (vi)              if subparagraph (v) did not apply—not more than 3 years had passed since the date of the assessment; or

3  At the end of subclause 189.212(1) of Schedule 2

Add:

; and (c)              if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

         (d)              if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

4  At the end of subclause 190.212(1) of Schedule 2

Add:

; and (c)              if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

         (d)              if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

5  Subclause 485.224(1) of Schedule 2

Repeal the subclause, substitute:

(1)              At the time of application:

         (a)              the skills of the applicant for the applicant’s nominated skilled occupation had been assessed by a relevant assessing authority as suitable for that occupation; and

         (b)              if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

         (c)              if paragraph (b) did not apply—not more than 3 years had passed since the date of the assessment.

6  At the end of subclause 489.222(1) of Schedule 2

Add:

; and (c)              if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and

         (d)              if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.

 

However Immigration advises as follows:

 

If an applicant’s skills assessment has or is about to expire under the new 3 year validity policy, some skills assessing authorities are renewing skills assessments where the applicant continues to be skilled in the relevant occupation.

The 3 year validity of these renewed skills assessments will commence on their date of ‘re-issue’ by the skills authority.

 

Barbara Davidson