General Skill Migration Checklist

Providing check list information will not qualify you for a visa – you must meet the relevant legislative criterion.

Only after we assess legal criterion against the information you provide, we will be able to provide an opinion of your ability to meet the visa related regulatory criterian.

Check list does not guarantee a positive visa outcome. You must meet the Migration Act and Regulatory requirements to be successful.
You must provide correct information to DIBP, if not you may be banned for 5 years.
This checklist information and supporting documents are required to assist with the lodgement of a complete application.
You may also need to provide additional information and documentation after you have made your application if the department requires.

About the information you give.

DLEGAL

As a legal practice certain documents and information, you give us are protected under the common-law doctrine of legal professional privilege which is not available to migration agents who are not lawyers. The information you give us is subject to our privacy principals and professionals standards.

Privacy Act

The Privacy Act 1988 is the key law designed to safeguard personal information collected by Government agencies. Federal Government agencies (including DIBP) must comply with the Information Privacy Principles in section 14 of the Privacy Act 1988 when collecting, using and disclosing your personal information.

The Department of Immigration

The Department is authorised to collect information provided on this form under the Migration Act 1958.The information provided will be used for:

assessing your eligibility to be granted the visa for which you have applied; and
other purposes relating to the administration of the Migration Act, for example, to assist migrants with settling in Australia, to monitor the conduct of migration agents, or for ensuring compliance with the Migration Act.

Note:

You need to provide documents to support your application. We could ask you for more information; it is in your interest to provide as all the information when we undertake the assessment. The DIBP can decide using the information you provide when we lodge the application.

The Migration Act may be cited as the Migration Act 1958.

invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power;
valid application, in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.

Application of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

PART 2 CONTROL OF ARRIVAL AND PRESENCE OF NON-CITIZENS\Division 3 – Visas for non-citizens

Section 29 Visas

(1) Subject to this Act, the Minister may grant a non-citizen permission, to be known as a visa, to do either or both of the following:

(a) travel to and enter Australia;
(b) remain in Australia.

Note: A maritime crew visa is generally permission to travel to and enter Australia only by sea (as well as being permission to remain in Australia) (see section 38B).

Document Checklist

Important

Protocol in relation to – Advice, Communications, Documents & feedback

When communicating with us and providing documents please follow the “communications protocol” at all times. See further below for the protocol.
We are unable to accept communications if the protocol is not followed.

Note: All applicants and dependents must provide applicable documentation and information.

1-8.

Please refer to our General Checklist here

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

9. 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.

10. 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

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

Test	Score
International English Language Testing System (IELTS)	At least 6 for each of the 4 components
Test of English as a Foreign Language internet-based Test (TOEFL iBT)	At least 12 for listening, 13 for reading, 21 for writing and 18 for speaking
Pearson Test of English Academic (PTE Academic)	At least 50 for each of the 4 components
Occupational English Test (OET)	At least B for each of the 4 components
Cambridge C1 Advanced test	At least 169 in each of the 4 components

11. 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
tax returns
group certificates
superannuation information.

Download – Employment evidence chart

12. 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.

13. Recognised Professional Year, if applicable

If you have completed a recognised Professional Year, you must obtain documentary evidence of this which includes:

a certified copy of notification of your results or a transcript of your academic record
and
one of the following:
- a 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 duration of your course
  - the qualification you have obtained
  - the pattern of study, including periods of full time and part time study
  - the medium of instruction was in English.

14. 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

15. Australian community language, if applicable

To be eligible for Australian community language points you must be fluent in one of the community languages.

You must attach certified copies of your degree, academic transcript and a letter from your university stating the language in which your course was conducted, or evidence of your NAATI accreditation.

16. Regional Australia study, if applicable

You can be awarded points if you have met the Australian study requirement while living and studying in a ‘regional Australia low population growth metropolitan area’ in Australia.

If you are not sure of this contact us.

Evidence to attach to your application

You must provide documentary evidence that you have lived and studied in ‘Regional Australia/ low population growth metropolitan areas’. This evidence may include, but is not limited to:

documentary evidence of residency which covers the relevant period. This will usually include documents such as rental agreements and gas, power and telephone bills.
evidence of studying at a campus in regional Australia or a low population growth metropolitan area, if your academic transcript does not identify the campus.

To be awarded these points, documentary evidence as described above must be included with your application.

17. Partner skills, if applicable

You can claim ‘partner skills’ points if your spouse or interdependent partner is also able to satisfy the basic requirements of age, English language ability, qualifications, nominated occupation and recent work experience, and if they have obtained a suitable skills assessment from the relevant assessing authority.

Points awarded

The table below sets out the points available under this part of the points test.

Partner skills

Points 5

If your spouse or interdependent partner is able to satisfy the basic requirements of:

age
English language ability

For certain visa – partner functional English

If you can’t show us your partner has functional English, you will need to pay the second instalment of the visa application charge when we ask you to. Eg: 19 Visa 12a For applicants who have turned 18 at the time of application and who are assessed as not having functional English the second instalment is AUD4,885. For any other applicant, the second instalment is nil.

You don’t have to provide any documents to prove functional English if your partner is a citizen of and holds a valid passport from:

the United Kingdom
the Republic of Ireland
the United States
Canada
New Zealand

Otherwise, provide proof your partner has functional English.

To prove you have functional 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. *British National (Overseas) passports are not acceptable as evidence of functional English.
or
you completed a degree, a higher degree, a diploma or a trade certificate in an institution in or outside Australia that required at least two years of full-time study and all instructions were in English
or
you undertook your education at:

Institution	Study time
a primary school and secondary school where all instruction was in English in or outside Australia	All years of primary and at least 3 years of secondary study
a secondary school in or outside Australia where all instruction was in English	At least 5 years of study
an institution in Australia where all instruction was in English	At least 1 year of full-time study towards an award
an institution in Australia where all instruction was in English	The part-time equivalent of 1 year of full-time study towards an award

in the 12 months before you applied for the visa, you scored one of the following:

Test	Score
International English Language Testing System (IELTS Academic or General Training)	An average band score of at least 4.5 based on the 4 test components
Test of English as a Foreign Language internet-based Test (TOEFL iBT)	A total band score of at least 32 based on the 4 test components of speaking, reading, writing and listening
Pearson Test of English Academic (PTE Academic)	A total band score of at least 30 based on the 4 test components
Cambridge English: Advanced (CAE)	A total band score of at least 147 based on the 4 test components

qualifications
nominated occupation
recent work experience
has obtained a suitable skills assessment from the relevant assessing authority

For certain visa –

Evidence to attach to your application

You must obtain documentary evidence that your spouse or interdependent partner has met all the basic requirements for the particular General Skilled Migration visa that you are applying for.

18. Secondary applicant eligibility, if applicable, Please refer to our General Checklist

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

19. English requirements for secondary applicants

Secondary applicants aged 18 years or over who do not have functional English must pay a second instalment visa application charge.

Evidence to attach to your application

To avoid payment of the second instalment visa application charge, you must provide evidence that any secondary applicants 18 years or over included in the application have at least functional English.

Level of English Evidence required – Functional

You must provide one of the following:

your IELTS TRF Number to show you have a band score of at least four and a half (4.5) based on all four components.
Important: If you are using an IELTS test to show functional English, it must be from a test sat no more than 12 months before making your application.
evidence that you have a degree, diploma or trade qualification requiring at least two (2) years of full-time study or training with all instruction conducted in English
evidence that you have completed at least one (1) year of full-time study in Australia towards a degree or diploma qualification with all instruction conducted in English
evidence that you have completed one of the following at an educational institution where all instruction was conducted in English:

- your primary education and at least three (3) years of secondary education, or
- at least five (5) years of secondary education.

20. Australian Study Requirement, if applicable

· If you are an overseas student, you must lodge an application for this visa within six (6) months of the date of completion of your course.

· The date of completion is the first date on which the educational institution publicly notifies you that you have met the requirements for the award of your degree, diploma or trade qualification. This date should not be confused with the date of Graduation ceremony.

· You must have completed two (2) academic years of study, which is 92 weeks of registered study.

· All of which must contribute towards the award of an acceptable qualification that is closely related to the occupation you nominate

Qualifications must be closely related to nominated occupation

The Australian qualification(s) you have completed must be closely related to your nominated skilled occupation. This means that the subject matter and the skills gained from your qualifications can be applied at the level you achieved them in your nominated skilled occupation.

What if you have completed study outside Australia?

If you have undertaken study while not physically present in Australia, this study cannot be used to satisfy the Australian study requirement.

Evidence to attach to your application

You must obtain the following documentary evidence to attach to your application:

certified copy of the completion letter from your educational institution, including:
- the date that the course commenced and ended
- the date that course requirements were met
- the location of the campus where the study was undertaken
- whether the study involved any distance learning
- whether the study was full-time or part-time
- the language in which instruction was given
- certified copies of course transcripts
- where credit has been granted, it must specify if the credit granted was on the basis of study in a course which also met the conditions of the Australian study requirement.
  Example: The course was registered with CRICOS, undertaken in English and undertaken in Australia.

21. Eligible visa – onshore applicants only, Please refer to our General Checklist

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

25. Specialist education qualification, if applicable

Do you have a master’s degree by research or a Doctorate degree from an Australian educational institution that included at least 2 academic years to in a relevant field?

See above under qualifications.

26. Adequate health insurance, Please refer to our General Checklist

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

27. Pay your debts to the Australian Government, Please refer to our General Checklist

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

28. Best interests of the child , if applicable, Please refer to our General Checklist

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

29. Not had a visa cancelled or an application refused, Please refer to our General Checklist

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

30. Sponsor documents – only if there is a sponsor , if applicable, Please refer to our General Checklist

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

31. Non-migrating family members – only if applicable, Please refer to our General Checklist

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

32. Dependants under 18 documents , if applicable, Please refer to our General Checklist

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

33. Dependants over 18 documents , if applicable, Please refer to our General Checklist

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

34. Proof of dependency, Please refer to our General Checklist

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

35. Parental responsibility documents, if applicable, Please refer to our General Checklist

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

36. Expression of Interest (EOI) documents [if applicable only]

You must provide documents that support the claims you made in your EOI as per the points table. Depending on your claims this could include evidence of your:

Skills assessment
English language skills
Australian and/or overseas skilled employment
Educational qualifications
Satisfying the Australian study requirement
Specialist education
Accredited community language
Study in regional Australia
Partner skills
Professional Year in Australia

37. Prepare Documents, Please refer to our General Checklist here

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

Application of the Criminal Code

Section 29 Visas

Document Checklist