Australian Immigration Daily News

Imagine that you have a client who is seeking a Temporary Partner visa. 

Imagine further the following scenario: 

Your client is lawfully married to a woman who is an Australian citizen. 

If the applicant with overseas qualification is not exempted  and is not nominated for a trade occupation specified in the relevant legislative instrument, they must demonstrate that they have qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation 

On-the-job training

The following are considered to be equivalent:

• an Australian Certificate III obtained with 2 years of on-the-job training
• an Australian Certificate III obtained without the on-the-job training, provided the holder has 2 years of post-qualification work experience.

Alternatively, provided the ANZSCO framework (indicative skill level) allows for this, the person may demonstrate 3 years of relevant experience in lieu of the formal qualification.

If the applicant is nominated in a trade occupation, only Australian work experience can be counted towards the two years of post-qualification work experience (where required), or as a substitute for the formal qualifications, as per ANZSCO and 187.234(c). Any overseas experience in a trade occupation cannot be used as a substitute for overseas qualifications under 187.234(b).

"Any overseas experience in a trade occupation cannot be used as a substitute for overseas qualifications under 187.234(b)"

It this a typo or is there a hidden meaning? 

Secondly - When did overseas experience as a trade cease to be recognised by ANZSCO and why? To us the key here is ANZSCO - not a policy modified version of ANZSCO.

The following is the new legislation inserted:

186.312A

Either:

(a)  the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or

(b)  both of the following apply:

Small businesses are the backbone of our economy, employing nearly 5 million people across industries as diverse as retail, trades, manufacturing and professional services.   However 90% of all small business start ups fail and among these businesses are numerous examples of businesses that have been forced to close their doors due to not having enough insurance cover when they need it the most.

There are a multitude of incidents that could happen to a small business that could be cause for an insurance claim.  This could be anything from a customer injuring themselves whilst on your premises, damage to property and contents, office equipment failure, a fire through to poor advice.

So what could go wrong if you don’t have enough insurance?

MARA has made a decision to cancel the registration of an RMA after the Melbourne County Court found the agent guilty of ‘dishonestly influencing an officer of the Trades Recognition Australia” and has refused the agents request to delay its decision pending an appeal to the Court of Criminal Appeal.

On 19 February 2016, Opinder Pal Singh Sekhon, an RMA who has been providing migration advice for over 9 years was found guilty, following a trial by jury, of seventeen charges of dishonestly influencing a Commonwealth Public Official, contrary to section 135.1(7) of the Criminal Code.

The seventeen offences with which the Agent was charged involved the Agent seeking to dishonestly influence an officer of Trades Recognition Australia in contravention of section 135.1(7) of the Criminal Code.