We thought we would just point out some more poorly written (or deliberately misleading) policy on the 187 visa regarding Australian qualified trades.
Clause 187.234(c) refers.
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.
But later we read this...
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).
Our first thought is what is this even supposed to mean. 187.234(b) does not refer to overseas qualifications so why is this said
"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.
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