Employment Workplace Relations

Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.

Corporate and Business Law

The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.

Dispute Resolution ( Litigation)

Nevett Ford has wide experience in all manner of litigation.

Mediation

Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.

Property Law

Nevett Ford has been conveying Victorian property for more than 150 years.

Showing posts with label skills assessment. Show all posts
Showing posts with label skills assessment. Show all posts

Wednesday, 19 October 2016

Skills Assessments - Australian visas


Skills Assessment

Having your skills assessed is a requirement for skilled migration to Australia under points tested, employer nomination, graduate migrant and temporary graduate visas.

You must provide a positive skills assessment at the time of invitation and lodgement that is relevant to your nominated occupation.

Skills assessments can be confusing and complicated as there are different assessing authorities for different occupations. Currently there are 3 types of skills assessments.

  1. Full Skills Assessment;
  2. 485 Skills Assessment, and;
  3. 457 Skills Assessment.

Full Skills Assessment

A full skills assessment is assessed based on the qualification and relevant work experience. This assessment must be used for Points Test Skills Migration visa and Employer Nominated visas.  For doctors, evidence of full registration is a suitable skills assessment for Points Tested Skilled Migration and Employer Nominated visa. A skills assessment is only valid until the expiry date specified on the assessment, or when a period of three years from the date of issues has elapsed, whichever occurs first.

485 Skills Assessment

This is a provisional assessment issued to recent graduates who has studied in an Australian institute. The primary difference is that a subclass 485 skills assessment does not require the applicant to demonstrate work experience in the assessing occupation. A subclass 485 provisional skills assessment is not suitable for Points Tested Skilled Migration, Employer Nomination and 457 visas.

457 Skills Assessment

Usually there is no skill assessment requirement for 457 visas.  Although due to recent changes, trade occupations from certain countries and various occupations are required to obtain a skills assessment. This assessment must be assessment by relevant authorities and it is not suitable for Points Tested Skills Migration and Employer Nomination visas.

It is important to understand which skills assessment is required for the visa you are applying.  If you need assistance with a skills assessment, contact us at Nevett Ford Lawyer.

 

 

 

 

Monday, 20 June 2016

Australian Visa Update: Engineers Australia and skills assessments

For a number of visa applications it is necessary to obtain a 'skills assessment' from Engineers Australia.


For Australian qualied students with Advanced Diplomas this usually meant a full 'CDR report' as most Australian Advanced Diplomas were not on the Accredited qualications list which was regularly updated.


However, since the signing of the “Dublin Accord” all Advanced Diplomas that are recognised by the Australian government are also accredited.

Please contact Nevett Ford Lawyers Melbourne for visa assistance.


(Source: Engineers Australia)



Friday, 3 June 2016

ICT occupations – offshore applicants (Immigration South Australia)

From 4 July 2016, Immigration South Australia  (SA) will require offshore applicants for ICT occupations that appear on the Skilled Nominated Occupation List (SNOL) to have a minimum of 70 points (including state nomination points) on the Department of Immigration and Border Protection 'points test'. This will apply to any occupation involving a skills assessment from the Australian Computer Society (ACS).

The 70 point requirement will be reviewed during July/August and the requirement may be reduced to 65 points and then 60 points depending on the number of applications received. Immigration SA will provide notice of seven (7) calendar days advising of any changes to the points required.


ICT occupations – working in South Australia / South Australian graduate
The 70 points requirement does not apply if you are:


  • currently working in a skilled occupation in South Australia; or
  • if you are applying under the international graduate of South Australia category.
In these cases, a minimum of 60 points is required (including state nomination points). 

489 provisional visa
A small number of occupations appearing on the State Nominated Occupation List and Supplementary Skilled List will only be available for a 489 provisional visa. This will be displayed against the occupation on the relevant list from 4 July 2016. Applicants should ensure that they are aware of the work and residency requirements of this visa. 






Nevett Ford Lawyers can assist with all Australian visa applications.


Thursday, 7 April 2016

Medical Practitioner - You may be exempt to apply for a Skills Assessment if you hold a full and unconditional or general medical registration

It is a general requirement that any applicants who wish to apply under the occupation ‘Medical Practitioner’ will be required to provide an evidence of skills assessment.


However due to recent changes, the Department of Immigration and Border Protection is now accepting evidence of your full medical registration as evidence of a skills assessment.


Based on the current legislation, the definition of a ‘Full, unconditional or general medical registration’ will only be issued to the following two scenarios:


Scenario 1 – Applicant studied in Australia:

  • The applicant is a graduate of an Australian or New Zealand Australian Medical Council accredited medical school and have completed an approved period of intern training.
OR


Scenario 2 – Applicants studied outside of Australia:

  • The applicant must have successfully  completed the Australian Medical Council examination – including both the multiple choice questionnaire and the clinical examination
  • The applicant have been awarded the Australian Medical Council Certificate
  • The applicant must have completed a period of supervised training approved by a State or Territory Medical Board.
The Department of Immigration and Border Protection will accept one of the following certificates issued by the State or Territory Medical Board or by the Medical Board of Australia (MBA) as evidence of full registration:

  • A full, unconditional or general medical registration
  • Conditional specialist registration – this registration allows you to practise only in your particular speciality, with no further training or supervision requirements.

Conditional Specialist registration

If the applicant is an overseas trained specialist and the primary medical qualifications are not recognised in Australia, you are required to apply through the Australian Medical Council or Specialist Medical College procedure to have your specialist training and qualification assessed. The assessment will determine if your training and qualifications are equivalent to the Australian training skilled level and standard to be eligible to enter the workforce.


Are you an overseas trained medical practitioner that wishes to migrate to Australia? We can assist you with your skills assessment and further visa options. Please contact one of our experienced staff today to arrange an initial consultation.

Sunday, 17 January 2016

China-Australia Free Trade Agreement (ChAFTA) & Trades Recognition Australia (TRA)


The China-Australia Free Trade Agreement (ChAFTA) came into force on the 20 December 2015.



The ChAFTA means that applicants with a passport from:


• China and Macau Special Administrative Region (SAR), will no longer be required to have a skills assessment in the following occupations:


Cabinetmaker [394111]

Carpenter [331212]

Carpenter and Joiner [331211]

Joiner [331213]


• China, Hong Kong SAR and Macau SAR will no longer be required to have a skills assessment in the following occupations:


Auto Electrician [321111]

Diesel Motor Mechanic [321212]

Electrician (General) [341111]

Electrician (Special Class) [341112]

Motor Mechanic (General) [321211]


It is recommended that applicants use the TRA Pathfinder to help find which TRA programme is suitable for their needs. 


If you require advice and assistance Nevett Ford Lawyers Melbourne has a team of experienced immigration lawyers and registered migration agents.

Thursday, 7 January 2016

What is the Australian Nursing and Midwifery Accreditation Council (ANMAC)? How is it different from the Nursing and Midwifery Board of Australia (NMBA)?

ANMAC is responsible for making an assessment on an applicant’s work experience and qualifications to determine the applicant’s suitability for skilled migration. A health professional would obtain the migration skills assessment from ANMAC before lodging a visa application.

NMBA is the registration body in Australia which manages the registration of nurses and midwives in Australia. It is compulsory for nurses and midwives to be registered in Australia. You cannot work in Australia as a nurse or midwife unless you are registered with NMBA. NMBA also sets policies and standards for the nursing and midwifery profession.

In summary, you will need to:
  • apply for the skills assessment with ANMAC to apply for Australian work visas or the General Skilled Migration visas; and
  • apply for registration with NMBA to work as a nurse or midwife in Australia.
Nevett Ford Lawyers (Melbourne) can provide advice and assistance.  Please call us today to speak to an experienced team of immigration lawyers and registered migration agents.

Sunday, 15 November 2015

Offshore Skills Assessment Program (OSAP)

The Offshore Skills Assessment Program (OSAP) is an assessment pathway for visa applicants under the General Skilled Migration (GSM) visa program who are applying for a nominated occupation and hold a passport from a nominated country. OSAP skills assessments determine if applicants have the skills and experience necessary to work in Australia at the trade level for their occupation so that they can contribute immediately to the Australian workforce. The program currently covers the following occupations: • Air-conditioning and Refrigeration Mechanic (342111) • Automotive Electrician (321111) • Baker (351111) • Bricklayer (331111) • Cabinetmaker (394111) • Carpenter (331212) • Carpenter and Joiner (331211) • Chef (351311) • Cook (351411) • Diesel Motor Mechanic (321212) • Driller (712211)) • Electrical Linesworker (342211) • Electrician (General) (341111) • Electrician (Special Class) (341112) • Electronic Equipment Trades Worker (342313) • Fitter (General) (323211) • Fitter and Turner (323212) • Fitter-Welder (323213) • Hairdresser (391111) • Joiner (331213) • Metal Fabricator (322311) • Metal Machinist (First Class) (323214) • Metal Fitters and Machinists (nec) (323299) • Motor Mechanic (General) (321211) • Motorcycle Mechanic (321213) • Panel Beater (324111) • Pastry cook (351112) • Plumber (General) (334111) • Pressure Welder (322312) • Sheet Metal Trades Worker (322211) • Small Engine Mechanic (321214) • Technical Cable Jointer (342212) • Toolmaker (323412) • Vehicle Painter (324311) • Welder (First Class) (322313) The program covers applicants from Brazil, China (including Hong Kong and Macau), Fiji, India, Iran, Ireland, Papua New Guinea, Philippines, South Africa, South Korea, Sri Lanka, Thailand, United Arab Emirates, United Kingdom, Vietnam and Zimbabwe. It must be noted that not all occupations are available for all countries. Applicants under the Offshore Skills Assessment Program (OSAP) are required to submit a ‘paper’ application and, subject to a favourable outcome from this step, they then undergo a technical interview or practical assessment in their country of origin depending on their occupation. As noted above, the program allows individuals who have no formal qualifications to apply as well. Those applying in non-licensed trades qualify for an Australian Certificate III if the outcome of their application is successful. This then allows them to claim qualification points in their migration application. Please contact us if you think that you might qualify and you require advice.

Thursday, 25 June 2015

Accounting authorities - Changes to skills assessments


Minor changes are occurring to the skills assessment requirements for accounting professionals.  The total number of core knowledge areas will be consolidated from the current 12 down to 9 core areas.


Applicants will need to meet at least seven (7) competency areas for all occupations, with the exception of External Auditors and Taxation Accountants, who will need to meet at least eight (8).

Sunday, 10 May 2015

Trades Recognition Australia (TRA) - Job Ready Program - Child Care Centre Managers


Important information for Child Care Centre Managers applying for Step 2 of the Job Ready Program


The purpose of the Job Ready Employment step is to enable you to gain experience in an Australian workplace to further develop skills relevant to your nominated occupation.

 

It is your responsibility to find your own employment.

 

Please consider the information below before registering for Job Ready Employment as a Child Care Centre Manager.

 

Child Care Centre Managers are responsible for:
  • directing and supervising child care workers,
  • developing and implementing programs to enhance the physical, social, emotional and intellectual development of young children,
  • providing care for children in before-school, after-school, day and vacation care centres,
  • managing physical childcare facilities and ensuring all buildings and equipment are maintained,
  • maintaining records and accounts for the child care centre, and
  • complying with government child care requirements and standards.

For your employment to be appropriate for Step 2 of the Job Ready Program, you must be employed full time for 12 months as the manager of a childcare centre licensed by a regulatory authority with a minimum of 20 children in the 0-5 age group and you must be performing the above duties and tasks.

 

Work claimed for the Provisional Skills Assessment may not be suitable for the Job Ready Employment step.  As part of the Provisional Skills Assessment, TRA required you to demonstrate an exposure to a range of tasks relevant to your nominated occupation. For Step 2, you must ensure your employment requires you to routinely demonstrate the responsibilities, tasks and duties of your nominated occupation.

 

Your employer must formally confirm in writing that the duties you perform in your role are those of a Child Care Centre Manager.

Wednesday, 21 January 2015

Trades Recognition Australia (TRA) changes


Provisional Skills Assessment - Removal of the International English Language Testing System eligibility requirement

From 16 January 2015 Provisional Skills Assessment (PSA) applicants are no longer required to provide an International English Language Testing System (IELTS) result as part of the eligibility requirements.

Thursday, 24 July 2014

Validity of skills assessments - subclass 190 visa applications


The Department of Immigration & Border Protection (DIBP) has provided the following advice on the validity of renewed skills assessments for SC 190 visa applications.

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 three year validity of these renewed skills assessments will commence on their date of 're-issue' by the skills authority.

Wednesday, 9 July 2014

Validity of skills assessments


Following amendments to the Migration Regulations 1994, from 1 July 2014, if a skills assessment is mandatory as part of a visa application, it will only be valid for a period of 3 years from the date of issue, unless a shorter validity period is specified on the assessment.

A skills assessment must be valid at the time of lodgement for the following visas:

  • Direct Entry stream of the Employer Nominated Scheme (subclass 186) visa;
  • Direct Entry stream of the Regional Sponsored Migration Scheme (subclass 187) visa; and
  • Graduate Work stream of the Temporary Graduate (subclass 485) visa.
These changes do not affect the Temporary Work (Skilled)(subclass 457) visa.

Thursday, 27 February 2014

Seeking State or Territory Nomination

State and Territory Governments nominate intending migrants using SkillSelect, however each state or territory government has their own process for identifying and selecting migrants. We recommend that you contact the state or territory government you are seeking nomination from to discuss their requirements. 

Links to each of the state and territory governments are below.

Australian Capital Territory
www.canberrayourfuture.com.au/portal/migrating/article/skilled-visas/

New South Wales
http://www.business.nsw.gov.au/live-and-work-in-nsw

Northern Territory
http://www.migration.nt.gov.au/

Queensland
http://migration.qld.gov.au/

South Australia
https://www.migration.sa.gov.au

Tasmania
http://www.migration.tas.gov.au/

Victoria
http://www.liveinvictoria.vic.gov.au/visas-and-immigrating/state-nomination

Western Australia
Skilled visas
http://www.migration.wa.gov.au/skilledmigration

Business visas
http://www.businessmigration.wa.gov.au

Please contact Nevett Ford Lawyers (Melbourne) to speak to one of our 5 dedicated and experienced immigration lawyers if you require advice and assistance by telephone: 03 9614 7111 or by email at: rcurtisgriffiths@nevettford.com.au. We can assistw ith all of your General Skilled Migration requirements, including Expression of Interest, Skills Assessment & Visa application.

Legal advice and assistance is highly recommended.

Wednesday, 26 February 2014

Australian Computer Society (ACS) - changes

The Australian Computer Society (ACS) have announced that, from 15 January 2014, skills assessments issued to recent Australian graduates will only be valid for the purposes of a Temporary Graduate Visa (Subclass 485) application. Recent graduates wishing to obtain a full skills assessment for a GSM application (Subclasses 189, 190 and 489) will need to demonstrate one year of post-qualification work experience relevant to their occupation or completion of a Professional Year (PYear) in Australia. The Professional Year program for recent Australian ICT graduates is also run by the ACS.

Australian Computer Society (ACS) - vendor qualifications

The Australian Computer Society has made changes to its list of vendor qualifications that are acceptable for skills assessment for migration purposes. These vendor qualifications are considered equivalent to an Australian Diploma by the ACS and are worth 10 points in the GSM points test.

They also allow applicants to obtain a positive skills assessment from the ACS when accompanied by 5 or 6 years of work experience in the nominated occupation. The length of work experience required depends on the relevance of the vendor qualification to the occupation being nominated.

The vendor qualifications currently accepted by the ACS are:

Microsoft Certified Solutions Expert:
MCSE: Server Infrastructure
MCSE: Desktop Infrastructure
MCSE: Private Cloud
MCSE: Messaging
MCSE: Communication
MCSE: Sharepoint
MCSE: Data Platform
MCSE: Business Intelligence

Microsoft Certified Solutions Developer:
MCSD: Windows Store Apps
MCSD: Web Application
MCSD: Applications Lifecycle Management

Microsoft Certified Solutions Master:
MCSM: Data Platform
MCSM: Sharepoint
MCSM: Communication
MCSM: Messaging
MCSM: Directory Services

Cisco Professional:
Cisco Certified Network Professional (CCNP) - All tracks
Cisco Certified Design Professional (CCDP)
Cisco Certified Voice Professional (CCVP)
Cisco Certified Security Professional (CCSP)
Cisco Certified Internetwork Professional (CCIP)

Cisco Expert:
Cisco Certified Internetworking Expert (CCIE) - All tracks
Cisco Certified Design Expert (CCDE)

Cisco Architect:
Cisco Certified Architect (CCAr)