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Subclass 482 F2018L00294

Mandatory skills assessment for the subclass 482 visa: IMMI 18/039

IMMI 18/039 lists 24 occupations for which some subclass 482 applicants must hold a skills assessment, names the assessing authority for each, specifies the passport holders it applies to, and sets the exemptions.

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Mandatory skills assessment for the subclass 482 visa: IMMI 18/039

The Migration (IMMI 18/039: Mandatory Skills Assessment–Subclass 482 Visa) Instrument 2018 (IMMI 18/039) was signed on 15 March 2018 by the Minister for Citizenship and Multicultural Affairs, registered on 16 March 2018 and commenced on 18 March 2018. As made, it relied on paragraph 1240(3)(g) of Schedule 1 to the Migration Regulations 1994; section 3 of the latest compilation also cites subregulation 2.26B(1). The latest compilation is Compilation No. 2, in force from 14 December 2024, incorporating LIN 24/094 (from 7 December 2024) and LIN 24/083 (from 14 December 2024).

The explanatory statement to the instrument as made states that it specifies occupations, assessing authority, type of assessment and three-year period ending immediately before the day the application is made for subclass 482 applicants, and the classes of persons and exempt applicants. That statement predates the 2024 amendments.

Occupations and assessing authorities

The section 5 table lists 24 occupations, numbered 1 to 22, 24 and 25 (item 23 was repealed by LIN 24/094). Trades Recognition Australia (TRA) is the assessing authority for 23 of them, with an SID Skills Assessment or a TSS Skills Assessment. VETASSESS assesses item 21, program or project administrator (ANZSCO 511112), with a Skills Assessment for General Professional Occupations. Section 5(2)(d) specifies the 3-year period ending immediately before the day the application is made.

Examples from the section 5 table
ItemOccupationANZSCOAssessing authority
1Automotive electrician321111TRA
6Chef351311TRA
7Cook351411TRA
9Electrician (general)341111TRA
18Motor mechanic (general)321211TRA
21Program or project administrator511112VETASSESS
25Welder (first class)322313TRA

The full list is in section 5 of the instrument. Section 4 adopts ANZSCO as in force on 23 November 2022.

Who must be assessed

Section 6 specifies, for each occupation, the class of persons required to hold the assessment. For the 23 TRA occupations the class is holders of passports issued by listed countries who are not exempt applicants; India is listed in each of those 23 items, alongside countries such as Fiji, Hong Kong, Macau, the Philippines, South Africa, Thailand, Vietnam and Zimbabwe, with China, Brazil and Papua New Guinea in some items. For item 21, program or project administrator, the class is all persons other than exempt applicants.

Exempt applicants

  • Section 7(1): a holder of a subclass 457 or 482 visa who satisfied the primary criteria for it and is employed in Australia in the nominated occupation, or a person employed by an established overseas business in the same or a similar occupation and nominated by that company or an associated entity.
  • Section 7(2), for every occupation except item 21: a relevant qualification commensurate with ANZSCO obtained in Australia or a permitted country; a licence, registration or membership required for the occupation; or meeting TRA’s Offshore Skills Assessment Program standards. Section 7(3) defines a permitted country as one not listed for that occupation in section 6.
  • Section 7(4), for item 21: a relevant qualification commensurate with ANZSCO, annual earnings of at least AUD 180,000, and nomination by an accredited standard business sponsor.

Section 8 applies the LIN 24/094 amendments to visa applications made on or after 7 December 2024.

Questions and answers

Which occupations need a mandatory skills assessment for the subclass 482 visa?

The 24 occupations in the section 5 table of IMMI 18/039, including automotive electrician, chef, cook, electrician (general), motor mechanic (general), welder (first class) and program or project administrator. The requirement applies only to the classes of persons in section 6.

Do Indian passport holders need a skills assessment?

India is listed in section 6 for each of the 23 TRA occupations, so an Indian passport holder nominated in one of them needs the assessment unless an exemption in section 7 applies.

Who assesses program or project administrators?

VETASSESS, with a Skills Assessment for General Professional Occupations (section 5, item 21). The exemption for that occupation in section 7(4) requires annual earnings of at least AUD 180,000 and an accredited sponsor.

Sources

Instruments are amended and replaced. The version that applies to an application is usually the one in force on a particular date, which may not be the current one.

Full guide: Subclass 482

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