Australian Permanent Residency & Skills Assessments

With so much uncertainty in the world, we are receiving a lot more enquiries about Australian permanent residence.

Sponsored employees can apply for permanent residence in two main ways through their employer:

• Temporary Residence Transition stream or
• Direct Entry stream (for some the Global Talent Independent (GTI) visa may also be an option).

The Temporary Residence Transition stream requires an employee to work for their employer on a 457 or 482 visa for a designated period of time (2 years or 3 years) before they are eligible to apply for PR.

The Direct Entry stream allows applicants to apply for permanent residence faster, without them having to work on their temporary visa for any particular period of time. This is advantageous for both employers and visa applicants, as employers can potentially request fewer years on the TSS visa. Since the SAF levy is calculated per year, expediting permanent residency has the potential to save employers additional funds, while at the same time helping their employee gain PR faster.

We are working with a number of clients now to review their permanent residence policies to devise strategies to save money. If you are interested in discussing this just let us know.

One thing to note, however, is that in addition to showing relevant work experience, the Direct Entry stream requires applicants to obtain a positive skills assessment. There are limited exemptions to this requirement.

It is important for employees to understand that when applying for skills assessments there are different approved skills assessing authorities for different occupations. Each skills’ assessing body often has their own, very specific requirements which, in some cases, can be more onerous than the PR visa itself. They also have different processes and fees.

Before considering whether to apply for a Direct Entry visa, it is vital that applicants very clearly review the appropriate assessing authority’s guidelines to ensure they will meet the requirements. Failing to closely adhere to what is required can lead to a refusal, or at the least, significant processing delays. With some skills assessing bodies taking anywhere between 8-12 weeks to issue a decision, it is important to get it right the first time around.

Ajuria Lawyers can work with your employees and help them identify the authorised skills assessing body they are required to use and work through the assessing body’s guidelines.

DISCLAIMER This information is current as of 29 June 2020 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.