Employer Nom visa (186) Direct Entry Checklist – Australia Migration Visa

1-9.

Please refer to our General Checklist here

https://dlegal.com.au/articles/migration/checklists/general-checklist/

10.

Provide accurate documents.

• You must provide us authentic documents and/or information that is not false and misleading. [this includes completing forms we provide you]
• We do not cross reference your information against other information or documentation to verify the accuracy, it is your duty to make sure the documents and information you provide are correct, non-contradictory and not misleading and false.

The Department might refuse your visa application for failing to satisfy Public Interest Criterion (PIC) 4020 if you, or any of the members of your family unit:

• do not satisfy us as to your identity.
• provide bogus documents or information that is false and misleading in relation to your current visa application or
• provided bogus documents or information that is false and misleading in relation to a visa that you held in the 12 months before making your current application.

Non-grant period

The Department might not grant you a visa (which has PIC 4020 as a criterion) for a period of ten years if you, or a member of your family unit, have a visa application refused because of a failure to satisfy us as to your identity.

We might not grant you a visa (which has PIC 4020 as a criterion) for a period of three years if you, or a member of your family unit, have a visa application refused due to providing bogus documents or information that is false and misleading.

Scope of work and completing forms

Based on the documents and/or information or forms you provide, we will provide legal advice, guidance, complete and settle final submissions. Our scope of work does not involve taking verbal instructions to complete certain forms that we ask you to complete.

11.

Licencing, registration or membership

Provide evidence of any licence, registration or professional membership mandatory to perform the nominated occupation in the state or territory you intend to work in, if applicable.

If you are a doctor, provide one of these certificates issued by the Australian Health Practitioner Regulation Agency as proof of full registration:

• unconditional or general medical registration
• conditional specialist registration which allows you to practise only in your particular speciality with no further training or supervision requirements

If you are a barrister or solicitor, provide proof of admission to practise as a lawyer in the relevant state or territory.

12.

Skills and qualifications documents

Provide either:

• documents that prove your skills and qualifications
• documents to prove you are exempt from proving your skills and qualifications

Proof of your skills and qualifications

Provide all of the following:

• a positive and valid skills assessment, if required. Provide these when you apply. We don’t accept a skills assessment obtained for a subclass 485 visa
• your curriculum vitae (CV) or resume
• qualifications and proof of work experience such as employment references, if required

Skills assessment exemption documents

If you are exempt from having a skills assessment, provide proof that:

• you have been nominated as an academic (university lecturer or faculty head at Academic Level A, B, C, D or E) by a university in Australia, or
• you have been nominated as a scientist, researcher or technical specialist by an Australian government scientific agency, or
• you currently hold a Special Category (subclass 444) or New Zealand Citizen Family Relationship (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years prior to the date you applied for the visa

Have a relevant skills assessment, if applicable

Assessments are valid until whichever comes first:

• 3 years from their issue date unless a shorter period is listed on the assessment
• the expiry date on the assessment

Evidence to attach to your application

• You must attach with your application certified copies of all the documents you provided to the assessing body including:
• your post-secondary qualifications, such as your degree or diploma certificate and your transcripts or mark sheets
• if you have worked in an occupation where substantial work experience may be accepted instead of formal qualifications, references from your employers that outline the position you held, and the duties you performed.

Medical practitioners

One of these certificates issued by the Australian Health Practitioner Regulation Agency:

• unconditional or general medical registration
• conditional specialist registration – which allows you to practice only in your speciality with no further training or supervision requirements

You must be registered at the time of invite.

Barristers and Solicitors

Proof of admission to practice as a lawyer in the relevant state or territory. You must be admitted to practice at the time of invite to apply.

13.

Age exemption documents

If you are 45 years old or older, provide documents to show you are exempt from the age eligibility criteria.

You are exempt from this criteria if any of the following apply to you:

• you are nominated as an academic (university lecturer or faculty head at Academic Level B, C D or E) by a university in Australia
• you are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency

you currently hold a Special Category (subclass 444) or New Zealand citizen’s family member (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years immediately before you apply. The 2 years excludes periods of unpaid leave.

14.

English language documents

Provide documents that show you have Competent English.

English language

• You must already have your English language test results before you lodge your application.
• Competent English (minimum requirement)
• Evidence = Test Report Form and Number

To prove you have competent English, show us evidence that:

• you are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland

or

• in the 3 years before you applied for the visa, you scored one of the following:

15.

Work experience

Work experience outside Australia

In the last 10 years, how long have you worked in your nominated skilled occupation or closely related skilled occupation outside Australia?

Evidence to attach to your application

You must provide evidence of your specific work experience. This could include employment references and duty statements covering the required period. Please note that employment references must:

• be written on the official letterhead of the company or government department providing the reference
• indicate clearly on the letterhead, the full address of the company, any telephone and fax numbers, and email and website addresses
• have the name and position of the person authorised to sign the employment reference typed or stamped below that person’s signature. A reference with an illegible signature will not be accepted
• include the direct contact number of the person writing the reference
  • indicate the exact period of employment, including:
  • whether permanent or temporary
  • full or part time
  • the main five duties undertaken
  • the salary earned
  • include a payslip from your current employment; this is especially important for applicants working in government departments.
  • position/s held
    Note: Positions should not be described by generic titles (for example, research officer) but according to the nature of the duties undertaken (for example, research chemist)

Other documents to confirm your work experience claims may include, but are not limited to:

• contracts
• Bank statements
• tax returns
• group certificates
• superannuation information.

Download – Employment evidence chart

16.

Australian work experience

You are eligible to be awarded Australian work experience points if you have been employed in Australia:

• in an occupation listed on the Skilled Occupation List (SOL)
• while holding a visa that allows you to work
• for at least 20 hours a week
• in a paid position
• at a skilled level in your nominated occupation or in a closely related occupation on the SOL
• for a period(s) totalling at least one (1) year in the four (4) years immediately before the day you lodge your application

Evidence to attach to your application

If you are seeking points for Australian work experience, you must attach certified copies of your work references totalling the required one (1) year period.

Your work experience references must:

• be written on the official letterhead of the company or government department providing the reference. The letterhead should indicate clearly the full address of the company and any telephone, fax numbers, email and website addresses
• include the name and position of the person authorised to sign the employment reference which should be typed or stamped below that person’s signature – a reference with an illegible signature will not be accepted
• include the direct contact number of the person writing the reference
• indicate the exact period of employment, including:
  • whether permanent or temporary
  • full or part time
  • the main five duties undertaken
  • the salary earned
• a payslip from your current employment should also be included – this is especially important for applicants working in government departments.
• position/s held
  Note: Positions should not be described by generic titles (for example, research officer) but according to the nature of the duties undertaken (for example, research chemist)

Other documents to confirm your work experience claims may include, but are not limited to:

• contracts
• tax returns
• group certificates

superannuation information.

17.

Qualifications (Australian and overseas)

You can be awarded points for an Australian qualification if:

• you have completed an Australian qualification while present in Australia
• all instruction was in English.

Evidence to attach to your application

You must obtain documentary evidence of having completed one of the qualifications described above. This evidence includes:

• a certified copy of notification of your results or a transcript of your academic record
  and
• one of the following:
  • certified copy of your degree, diploma or trade certificate (if available)
  • a letter of completion from your educational institution which details:
    • the name of your course
    • the course duration
    • the qualification you have obtained
    • the pattern of study – full time versus part time
    • the medium of instruction was in English

18.

Date of intended submission of relevant evidence