A Skilled Occupation List sets out the occupations which you may nominate to qualify for the relevant visa. It applies to all skilled visas, including the graduate visa if you apply under the Graduate Work stream only. You are not required to nominate a skilled occupation under the Post-Study Work stream.
To meet eligibility requirements under the Graduate Work stream, you must nominate an occupation on the MLTSSL, andyou must have your skilled assessed by a specified skill assessing authority for your occupation. The result must be positive, thus confirming that your skills are suitable for your nominated occupation.
Skilled occupation lists are reviewed and updated by the Department periodically, in line with changing labour market needs in all areas of Australia, including individual variations in regional areas. When applying for a skilled visa, you must check the relevant skilled occupation list which applies to confirm your eligibility. For some skilled visas, you may also be required to have a positive skills assessment, which confirms that you are qualified to competently perform the occupation in Australia. For the employer sponsored skilled visa, skilled work experience may also be a requirement to qualify.
You should carefully review all requirements that apply to each stream to confirm your eligibility and apply accordingly. Be aware that the migration provisions are complex and constantly changing. Mis-interpreting or not being fully informed about these requirements and how they apply to your personal situation can result in making a mistake in your application and therefore risking lodgement of an invalid application or a visa refusal. Such an outcome can have potentially serious consequences, affecting your ability to re-apply for a graduate or other visa whilst you remain onshore. Due to the quite short time-frames that apply to the graduate visa eligibility criteria, this could result in you losing the chance to apply for the graduate visa. In such a case, you will need to re-assess your eligibility for another type of visa, which may require that you depart Australia to lodge the new application. Getting it right the first time is therefore critical, and we would recommend that you seek professional advice from a migration agent or immigration lawyer to give yourself the best chance of a successful result.
In conclusion, we note that the above discussion provides an overview of the graduate visa and the key differences between the Graduate Work and Post-Study Work streams. It also discusses the specific eligibility requirements that apply to each stream, including relevant dates relating to your student visa for the Post-Study Work stream, as well as the Skilled Occupation List and its application to the Graduate Work stream. Australia’s migrations laws are complex, and each case is different. We recommend that you seek professional advice before you proceed with applying for a graduate visa, as being fully informed about the process and requirements that apply will give you the best chance of achieving a successful outcome on your application. You will also note that several terms mentioned in the above article are defined in the migration provisions. It is vital to have a good understanding of these terms and how they apply in practice. Detailed advice about these is beyond the scope of this article and we would therefore recommend that you seek further information in this regard.
For up to date advice on the graduate visa process and requirements, and how to avoid a refusal, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide, and we aren’t expensive! Just ask us!