Submitting a visa application is the first step in obtaining temporary or permanent residence in Australia. While most visa applications are finalised in 6-12 months, some visa applications such as the Partner Visa can take up to 24 months to finalise.

As such it is important to consider not only the documents, information and situation at the time of submitting your application, but also to be aware of what needs to be done until the visa is granted.

2018 Update & Related Articles: 

Partner Visa Sponsorship & Policy Update 2018: Changes Affecting Processing Times & Force Offshore Partner Visa Applications

What do you need to do after you have submitted your partner visa application?

24 months of uncertainty over the visa application outcome can add stress to the relationship between partners. It is important that the relationship remain strong throughout the application process and also continue to collect and build evidence that shows an ongoing and growing relationship. Even after submitting your application, you should continue to:

• gather documents that show co-habitation, such as utility bills in both names or letters to both addressed to the same address
• compile photographs of both together at social events
• share financial responsibilities and actively use joint bank accounts for financial transactions

There are more that can be done but the above are some examples that require continuation even after lodging your partner visa application. Case officers can call to ask questions, or make site visits to determine the authenticity of the relationship and application. Any deterioration or adverse effect to the relationship will decrease the chances of a successful visa application.

The 2 Year Provisional Period

Most partner visas that are approved are provisional for a period of at least 2 years from the date of visa application. While the applicant holds Australian temporary residency and has access to Medicare, the temporary residency status can be revoked if the relationship dissolves within 2 years from the date of visa application lodgement. Therefore it is important to note that the relationship must continue to exist for at least 2 years from the date when the Department of Immigration and Border Protection (DIBP) received the partner visa application.

Once the 2 years have passed the applicant and sponsor should pro-actively contact the DIBP if they have not received any contact from the Department. You can initiate the second stage assessment for the permanent partner visa by using the information and instructions on the Partner (Permanent) Calculator on the DIBP website. Usually the Department will send you correspondence for this so it is very important that you update the Department if your residential or correspondence address has changed over the 2 year period.

Once the assessment is completed the applicant will receive the permanent Partner Visa (subclass 801). You can only sponsor relatives when you receive the permanent Partner Visa.

What if there are complications to the relationship during the 2 year provisional period?

While it is a requirement to fulfil the 2 years before obtaining the permanent Partner Visa, it is possible to have the permanent visa granted earlier if the following circumstances occur:

• your sponsor or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia
• the relationship breaks down and there is a child of the relationship
• the relationship breaks down due to family violence

You will need to contact the Department immediately if the events above occur. It may also be helpful to seek the advice of a Registered Migration Agent first to assess the situation.

What if there is Domestic Violence?

There are provisions in the Migration Act to protect holders of the provisional partner visa against domestic violence. The provisions aim to protect provisional partner visa holders from being abused by partners who use the provisional visa status as leverage. While it is unpleasantly true that such cases do occur, the victims of domestic violence must provide enough evidence to the Department to support such claims.

You are advised to seek the advice of a Registered Migration Agent with experience in such cases to assess the evidence you have to claim domestic violence in the relationship.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The Australian Partner Visa application has been plagued with increasingly longer waiting periods and this has made the uncertain waiting period a test to a couple’s relationship. It will be harrowing to find out that the visa application is refused after waiting for close to 24 months. As such it is best to submit an application that is strong with supporting evidence at the beginning, to ensure the best chances of success for the application. Prepare your application well before submitting it to the DIBP.

Another note is that applicants with Schedule 3 considerations, where the applicant was unlawful in Australia at the time of application, are less likely to receive waivers as the Department has been very strict in assessing the “compelling reasons” criteria. If you are an applicant with Schedule 3 considerations, please check with a Registered Migration Agent first before lodging your Partner Visa application.

This information is accurate on 8 April 2016

Source:

https://www.border.gov.au/Trav/Visa-1/801-

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

On 15 March 2016, the Department of Immigration and Border Protection (DIBP) introduced new provisions that allow priority processing of visitor visa applications for Chinese nationals. This program is being run as a trial for the moment, and may expand to include applicants of other nationalities at a later date.

The following are further details:

• The priority processing is only available to passport holders for the People’s Republic of China
• The request for priority processing is only available for applicants of the Visitor Visa Tourist or Business Visitor streams
• The fee for priority processing is A$ 1,000 in addition to the original visa application fee
• The method to request for priority processing differs according to your visa application lodgement method

While you can request for priority processing, there is no guarantee that the visa will be granted quickly. The DIBP repeatedly reminds you that the finalisation of the visa application also depends on factors such as the applicant meeting the health and character requirements. You cannot ask for a refund of the priority processing fee unless the visa application fee is refunded.

Therefore it is best that you prepare all necessary documents and complete all health and character checks before requesting for the priority processing.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The introduction of the priority processing looks positive in encouraging more visitors from China. It also demonstrates the improving bilateral ties between Australia and China. The option of priority processing may also facilitate travel plans for tourists and business visitors from China.

However it will be interesting to observe if the normal processing timeframe gets slower, inevitably forcing more applicants to choose the priority processing option. Furthermore the additional A$ 1,000 spent on applying for a visa may be perceived as a barrier to visit Australia, and may also reduce the amount of travel allowance available while visiting Australia. This means that the spill-over benefits to local Australian businesses and vendors will be reduced.

This information is accurate on 24 March 2016

Source:

https://www.legislation.gov.au/Details/F2016L00295/Download

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Closure of ACT nomination program to overseas applicants for 2015/16 - subclass 190 visa

The following has recently been announced by Migration and Information Services section of the ACT Government.

“Skilled Nominated (subclass 190) visa – Closure of ACT nomination program to overseas applicants for 2015/16

Effective immediately (18 March 2016 at 4pm AEST) - The ACT Migration program is closed to all overseas residents. If your client is not in Australia, you will not be able to apply for ACT nomination of a Skilled Nominated (subclass 190) visa until the program reopens on 1 July 2016.

Applications for ACT nomination submitted before 4pm today will still be processed in queue order.

Please note, the current processing time is 3 - 4 months due to the large number of applications received post publication of the February 23 Occupation List.

CANBERRA RESIDENTS

This action does not affect Canberra based applicants. If your client is living in Canberra the 190 ACT nomination program is still open if they meet the nomination criteria. The average processing time of applications from Canberra residents is 4 weeks.”

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

This closure of the list announced by the ACT government is probably just the first of a number of similar actions by States and Territories.   The migration program year runs from the 1 July to the 30 June each year.

The states have a limited numbers of positions to nominate and they also try to set their own internal target in relation to different occupations.  As the end of the migration program year approached, and we get closer to the 30 June 2016, the state and territories may run out of positions to nominate.

The positive side of the cycle, is that the states will have new quotas of position to nominated from the 1 July 2016. So it is often still worth while for you to get your skills assessed and to achieve the required English scores, with a view to the new lists.

Source:

 http://www.canberrayourfuture.com.au/portal/migrating/article/skilled-migration-visas/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

The 457 visa is the most popular employer sponsored work visa for overseas professionals and tradespeople to work in Australia. According to the latest Subclass 457 Quarterly Report for the period up to 30 September 2015, there were 14,370 subclass 457 visa applications lodged with the Department of Immigration and Border Protection (DIBP), out of which 13,240 applications were approved. This means that in the 1^st quarter of the 2015-16 subclass 457 visa programme year a total of 1,130 applications have already been rejected.

While there are various eligibility factors to consider from the employer, nominated position and visa applicant perspective, this article will focus on the application criteria of Labour Market Testing and Market Salary for the 457 Temporary Work Visa.

So what is Labour Market Testing?

Implemented in November 2013, the Labour Market Testing requirement tasks standard business sponsors to test the local labour market before hiring an overseas worker for nominated position.

The purpose of the Labour Market Testing is to ensure that available job opportunities are provided to the local workforce first before looking to sponsor an overseas individual to fill the role required.

What do you need to do to meet the Labour Market Testing Requirement?

Standard business sponsors need to record efforts and attempts to hire local Australian citizens or permanent residents. The recruitment activities need to be sufficient to justify that the local workforce cannot fulfil the requirements of the nominated position due to the lack of skills, qualifications or relevant work experience. Such recruitment efforts may include the posting of job advertisements, conducting interviews and tabulating the outcome of all applications for the advertised position.

Are there any exemptions to the Labour Market Testing requirement?

There are avenues for exemption from the Labour Market Testing. You can be exempt from Labour Market Testing for the following reasons:

Occupation Level

Occupations described by the Australian and New Zealand Standard Classification of Occupations (ANZSCO) as skill level 1 or 2

Skill level 1 occupations are occupations that require an Australia degree level qualification or at least five years relevant experience, which may substitute for the formal qualification.

Some examples of skill level 1 occupations include General Managers, Marketing and Advertising Managers, IT Managers, Farmers and Agricultural Managers, etc.

Skill level 2 occupations require an Australia Qualifications Framework (AQF) Associate Degree, Advanced Diploma or Diploma qualification or at least three years of relevant experience as a possible substitute for the formal qualification.

Some examples of skill level 2 occupations include ICT professionals such as Developer Programmers, Software Engineers, Business Professionals and Teachers.

However some skill level 1 and 2 occupations still require Labour Market Testing to be done. These occupations include positions in the engineering and nursing profession. You can refer to the list here. If you are nominating an occupation in these professions, you will need to provide evidence of Labour Market Testing.

International Trade Obligations

1. The worker you nominate is a citizen/national of China, Japan or Thailand, or is a citizen/national/permanent resident of Chile, Korea or New Zealand.
2. The worker you nominate is a current employee of a business that is an associated entity of your business that is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam), Chile, China,​ Japan, Korea or New Zealand.
3. The worker you nominate is a current employee of an associated entity of your business who operates in a country that is a member of the World Trade Organisation, where the nominated occupation is listed below as an “Executive or Senior Manager” and the nominee will be responsible for the entire or a substantial part of your company's operations in Australia.
4. Your business currently operates in a World Trade Organisation member country and is seeking to establish a business in Australia, where the nominated occupation is listed below as an “Executive or Senior Manager”.
5. The worker you nominate is a citizen of a World Trade Organisation member country and has worked for you in the nominated position in Australia on a full-time basis for the last two years.

When should I conduct the Labour Market Testing?

Labour Market Testing must have been conducted within 12 months before the lodgement of a 457 visa nomination. Evidence of Labour Market Testing must be presented at the time of nomination lodgement.

Market Salary and Equivalent Employment Terms and Conditions

Standard business sponsors are required to offer employment terms and conditions that are comparable to those offered to Australian citizens and permanent residents. This is required to ensure overseas workers are not being exploited for cheap wages or long work hours.

You can be exempted from demonstrating market salary rates if the proposed annual earnings of the worker is at least AUD 250,000.

You will need to show that the terms and conditions offered to the sponsored overseas worker are of the same wages and working conditions as an Australian employee. If there are no comparable Australian employees in a similar position, the standard business sponsor should refer to relevant industrial instruments such as modern awards to determine market salary and acceptable employment conditions. The Fair Work Ombudsman (https://www.fairwork.gov.au/) is a good reference to ensure acceptable employment conditions are in place.

Market Salary and the Temporary Skilled Migration Income Threshold (TSMIT)

Although a separate requirement, the Temporary Skilled Migration Income Threshold (TSMIT) is an important consideration when determining the Market Salary for a 457 visa application. The rules in relation to the TSMIT are:

• The market salary for the position must be greater than the TSMIT
• If the market salary for the position is lower than the TSMIT then you will not be able to sponsor an overseas worker for the position under the 457 visa programme
• You cannot pay an overseas worker above the market salary rate just to meet the TSMIT

The TSMIT is currently set at AUD 53,900.

If you need further information that is specific to your business, industry or situation, please contact us to find out more details on the 457 visa application requirements.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The DIBP does not clearly spell out the exemption to Labour Market Testing based on skill levels of the occupation. As such there have been instances where businesses paid thousands of dollars to agencies that provide Labour Market Testing services when it was not necessary. Occupations such as Software Engineers or Marketing and Sales Managers do not need Labour Market Testing due to their occupation skill level, but businesses have paid unnecessarily to meet the Labour Market Testing requirement. Always check with an experienced Registered Migration Agent to determine if the Labour Market Testing is applicable for the position you are nominating.

While standard business sponsors are required to meet the Labour Market Testing and Market Salary requirements at the time of application, it is also important that the sponsors adhere to the employments terms and other obligations after the 457 visa is granted.

Failure to maintain such conditions can lead to monitoring and sanction penalties from the Department of Immigration and Border Protection (DIBP).

This information is accurate on 19 February 2016

Source:

1. https://www.border.gov.au/Trav/Visa-1/457-
2. https://www.fairwork.gov.au/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

Principal Migration Agent and Lawyer, Chris Johnston attended the Philippine Honorary Consul General of South Australia, Mr Mark McBriarty to attend the inaugural Gala Ball on Friday, 12 February 2016. The gala ball was held at the Adelaide Oval with all proceeds going to the Australian Foundation for Fostering Learning in the Philippines (AFFLIP).

Featuring a 3 course Filipino-inspired menu from the Hill of Grace Restaurant, the evening was filled with good food, entertaining performances and pleasant company. An auction was also held at the gala ball to raise funds for the AFFLIP.

It was a pleasure for Chris to be part of this cultural event. It is a nice reminder for businesses to reach out and be involved with the community, especially in providing support and aid to the needy. On behalf of Work Visa Lawyers, we wish the AFFLIP an outstanding year ahead in meeting its objectives to facilitate learning for the young Filipinos in Mindanao and other parts of the Philippines.

Chris spent time with Migration Institute of Australia (MIA) members German Glico and Teresita Sarmiento. Teresita is an active and important member of the Filipino community. She did a great job in organising a number of tables for the Gala Ball.

Chris with Teresita Sarmiento and German Glico

View from the Gala Ball room

Immigration SA, the South Australia state department which manages state nomination policies and processes state nomination applications, has introduced a new nomination option for international graduates who studied in South Australian public universities.

What is a High Performing Graduate?

According to Immigration SA, you can claim to be a High Performing Graduate for SA state nomination by meeting ALL of the following requirements:

• Currently residing in South Australia
• Studied at a South Australian public university, which includes:
  • Flinders University
  • University of Adelaide
  • University of South Australia
• Completed one of the following qualifications:
  • PhD
  • Masters by Research
  • GPA of 6.0 or above in a Masters by Coursework degree (following completion of a Bachelor degree in South Australia)
  • First Class Honours in a dedicated Honours year (following completion of a Bachelor degree in South Australia)
  • GPA of 6.0 or above in a Bachelor degree

Note: GPA – Grade Point Average

High performing graduates from other South Australian higher education institutes may also be considered on a case-by-case basis. You will need to email your academic transcript to This email address is being protected from spambots. You need JavaScript enabled to view it.

You should check that you meet the requirements above before emailing the Immigration SA team.

What is the benefit of obtaining the state nomination via the High Performing Graduate pathway?

Benefits in seeking state nomination via the High Performing Graduate stream include the following:

• Additional points for your Skill Select subclass 190 or 489 visa application

(Additional 5 points for subclass 190; additional 10 points for subclass 489)

• Access to a more extensive list of occupations on either the State Occupation List or the Supplementary Skilled List, including nominating occupations where “Special Conditions Apply”
• Obtain waivers for Immigration SA’s work experience and English language requirements

If you need further information, please contact Work Visa Lawyers via the contact details listed below.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

South Australia has done it again. Previously the Immigration SA team introduced the High Points sponsorship option, to attract high calibre migrants for state sponsorship. With the introduction of the High Performing Graduate sponsorship pathway, it is expected that more General Skilled Migration applicants will be making South Australia their home. The additional sponsorship pathway is definitely welcomed among international graduates to seek extra points and waivers for their visa application.

Policies like this also make SA a more attractive place for International Studies. High achieving students may choose to study in SA due to the favourable state nomination requirements provided by Immigration SA for SA international graduates.

While the High Performing Graduate sponsorship option is available for graduates of the 3 public universities listed, SA international graduates from other institutes with excellent academic records can still seek SA nomination by sending their academic transcript to Immigration SA for consideration on a case-by-case basis. You should seek Immigration SA opinion if you have excellent grades.

You should also note that there are other criteria that need to be fulfilled, such as obtaining sufficient points in the Expression of Interest (EOI), meeting health and character requirements, and so on.

Always check with a Registered Migration Agent first before starting your visa application.

This information is accurate on 19 February 2016

Source:

1. http://www.migration.sa.gov.au/International-graduates/high-performing-international-graduates-of-south-australia

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

The Chinese New Year, or Spring Festival falls on the 8 February this year and ushers in the Year of the Fire Monkey. Traditionally the celebrations last for 15 days, concluding with the Lantern Festival.

Work Visa Lawyers would like to wish everyone good health and fortune in the Year of the Fire Monkey.

May you be blessed with the energy and wittiness of the Monkey in your life plans this year!

恭祝大家新春愉快！但愿即将来临的猴年带给您活跃与机灵，心想事成！

Principal Migration Agent and Lawyer Chris Johnston at the Commonwealth Bank Chinese New Year Dinner

移民中介兼律师克李斯与舞狮会面

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

CAKES and SWEETS!! A whole box of them!!

Work Visa Lawyers had the pleasure of receiving a gift of appreciation from our client Mr. Rahimi, who recently received the grant of his State/Territory Sponsored Business Owner (subclass 892) permanent residence visa. The boxful of traditional sweets and cakes was a treat and all of us at Work Visa Lawyers thank him for his gracious gesture.

When Mr. Rahimi first came to meet with Principal Migration Agent and Lawyer Chris Johnston, he had no idea about the requirements for him to apply for the subclass 892 permanent residence visa. In his mind he thought that he would be automatically eligible for permanent residency since he has been operating a business in Australia.

Thankfully time was on his side because he sought professional and accurate migration advice from Chris early on. As such he was able to strengthen his application by putting more effort into the business and thus allowed him to apply for the subclass 892 permanent residence visa before his initial State/Territory Sponsored Business Owner (Provisional) visa (subclass 163) expired.

With his kind permission we are able to share this wonderful news with everyone. Ultimately for all of us at Work Visa Lawyers the best reward we can get is to see a joyous and grateful client successfully obtain his Australian visa for further stay in Australia. The cakes...??? They are just a sweet bonus.

Chris with Mr. Rahimi

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

It was very satisfying to be able to assist a client who has successfully established his business in Australia and successfully obtain his permanent residency in Australia. It is worth noting that the success of the application was also because of Mr. Rahimi’s initiative to seek professional migration advice early to ensure he will be able to fulfil the permanent visa application requirements.

In my many years in the Australia migration industry, I have seen many temporary residence business migrants forget about the requirements for the second stage permanent visa application. Most panic when the end of their temporary residence visa is ending and by then it might be too late. I would like to advise all temporary business migrants to seek advice or monitoring from Registered Migration Agents to ensure that the business/investment requirements in Australia are being met for the purpose of the permanent residence visa application at a later stage. It would be gut-wrenching to find out four years later that you are unable to qualify for the permanent residence visa application.

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Business Skills Migration visas, Employer Sponsored Work Visas, Skilled Migration visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

 2018 UPDATE:

How to Increase Your Points for Employer Sponsored (RSMS 187, ENS 186), Independent (189, 489), and State Nomination (190) Skilled Visas

Australian SkillSelect Round Results September/August 2018 - Skilled Independent & Regional Visa Occupation Lists

Medical and health professionals are always in demand in Australia. To apply for an Australian visa via the General Skilled Migration programme (which includes the Skill – Independent Subclass 189 visa, the Skill – Nominated Subclass 190 visa and the Skill – Regional Sponsored Subclass 489), a positive skills assessment is required. Skills assessments for health professionals can be complicated and confusing as registration with the relevant health authority in Australia is required before a positive skills assessment result can be issued.

We constantly receive repeated queries about the migration skills assessment and registration requirements from overseas nurses and midwives, as well as from international students who are completing nursing studies in Australia. As such we hope to provide more helpful information in relation to the topic at hand.

In this article we will be looking at the registration process for registered nurses, enrolled nurses and midwives, as part of the process of obtaining a positive skills assessment for migration purposes. The questions we will be answering include:

• What is the Australian Nursing and Midwifery Accreditation Council (ANMAC)? How is it different from the Nursing and Midwifery Board of Australia (NMBA)?
• So where do I start to have my skills assessed as a nurse or midwife?
• What are the English requirements for NMBA?
• I have the required English exam results. What else is required for the NMBA registration?

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. You can find out more about the NMBA from the Australian Health Practitioner Regulation Agency (AHPRA) website here.

In other words 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.

So where do I start to have my skills assessed as a nurse or midwife?

The migration skills assessment is processed by ANMAC. The key point to note is that ANMAC offers different pathways for the migration skills assessment. The different pathways are:

• Full skills assessment
• Modified skills assessment

If you have registration with NMBA you can apply for a modified skills assessment. It is advisable to obtain registration with NMBA first and apply via the ANMAC modified skills assessment because of the following reasons:

1. You automatically meet the assessment standards for the modified skills assessment if you are registered with NMBA
2. You do not need to provide English test results if you are already registered with NMBA
3. ANMAC only accepts IELTS or OET for the full skills assessment whereas NMBA accepts IELTS, OET, PTE Academic and TOEFL iBT for registration
4. You can combine scores of TWO English exam sittings to meet the English requirements for registration with NMBA (ANMAC only accepts scores in a single sitting)
5. A modified skills assessment costs A$330 whereas a full skills assessment costs A$900

What are the English requirements for NMBA?

For initial registration with the NMBA you can use different English exams to demonstrate the meeting of English requirements for the registration. The scores required for the different English exams are listed below. You should note that as mentioned above, you can COMBINE scores from two sittings of the same exam, as long as they are within a six-month period.

You can meet the English requirements for registration with NMBA without taking an English exam but you will need to show education in English and work in one of the following recognised countries:

• Australia
• Canada
• New Zealand
• Republic of Ireland
• South Africa
• United Kingdom, or
• United States of America.

The following is a detailed description of what scores are required for the different English exams accepted by NMBA.

IELTS Academic Module

Minimum overall score of 7 and a minimum score of 7 in each of the four components (listening, reading, writing and speaking

If combining scores from two sittings, the following is required:

• The two exam sittings are within a 6-month period
• Both exams achieved a minimum overall score of 7
• There are no components in the two exams with a score lesser than 6.5
• By using the two exam results you will have a minimum score of 7.0 in all components

Examples:

OET

Minimum score of B in each of the four components (listening, reading, writing and speaking)

If combining scores from two sittings, the following is required:

• The two exam sittings are within a 6-month period
• All four components were tested for the two exams taken
• There are no components in the two exams with a score lower than C
• By using the two exam results you will have a minimum score of B in all components

Examples:

PTE Academic

Minimum overall score of 65 and a minimum score of 65 in each of the four communicative skills (listening, reading, writing and speaking)

If combining scores from two sittings, the following is required:

• The two exam sittings are within a 6-month period
• Both exams achieved a minimum overall score of 65
• There are no components in the two exams with a score lower than 58
• By using the two exam results you will have a minimum score of 65 in all communicative skills

Examples:

TOEFL iBT

Minimum total score of 94 and the following minimum score in each section of the test:

• 24 for listening
• 24 for reading
• 27 for writing, and
• 23 for speaking

If combining scores from two sittings, the following is required:

• The two exam sittings are within a 6-month period
• Both exams achieved a minimum overall score of 94
• Minimum score of 24 for Listening, 24 for Reading, 27 for Writing, 23 for Speaking across the two sittings
• For the two sittings all sections are at the minimum score or above:
  • 20 for Listening
  • 19 for Reading
  • 24 for Writing
  • 20 for Speaking

Examples:

The additional choices for English exams and the ability to combine test scores from two different sittings are huge advantages for registering with NMBA when compared with the criteria for a standard migration skills assessment with ANMAC.

Therefore as a nurse or midwife, the first step you should take is to find out the registration process with NMBA. You can find out more here. Alternatively, contact Work Visa Lawyers to make an appointment and have your visa options assessed.

I have the required English exam results. What else is required for the NMBA registration?

Other than meeting the English requirements, applicants will also need to show the following:

• Your qualification makes you eligible to apply for registration to practise as a registered nurse in the country where you completed the program of study
• The education institute and study programme needs to externally accredited during the period of studies (If you are unable to meet this requirement, you may be referred to an NMBA-approved bridging program to facilitate the meeting of this requirement)
• Your nursing qualification is deemed to be equivalent to an Australian nursing bachelor’s degree
• Your overseas study programme included a minimum of 800 hours of supervised workplace experience in an actual practice setting
• Confirmation from your education institute that you have, as part of your study programme, completed an assessment in medication management for the following:
  • Administration of medication
  • Pharmacokinetics
  • Pharmacodynamics

It is possible for Work Visa Lawyers to conduct a preliminary assessment as to whether you will be able to meet the requirements for registration with NMBA, before you begin the registration process. If you are keen to find out more about your options, please contact us to arrange an appointment.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

Health professionals are always asked to obtain registration in Australia first before they can receive a suitable skills assessment for their Australian skilled visa application. While the assessment and registration process can be confusing with two different agencies managing the profession, this article is produced with the aim of simplifying and explaining the necessary steps.

The English requirements of registration with NMBA is more advantageous for potential migrants with more English exams being accepted as well as the option to combine scores from 2 separate sittings. Nurses and midwives are strongly encouraged to register with NMBA first before submitting a migration skills assessment with ANMAC.

Do note that a positive skills assessment is only part of the Australia visa application requirements. Applicants will need to meet other criteria such as age, qualifications, English, work experience, health and character. Depending on the points total and occupation a state nomination may be required as well.

As such always check and verify that you meet all requirements before submitting a visa application. Be in touch with Work Visa Lawyers if you require such professional services.

This information is accurate on 6 January 2016

Source:

1. http://www.ahpra.gov.au/Registration/Registration-Standards/English-language-skills.aspx
2. http://www.anmac.org.au/nurse-or-midwife-registered-australia-or-new-zealand
3. http://www.anmac.org.au/faqs
4. https://www.ahpra.gov.au/

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

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