How is skilled employment assessed for a Subclass 189, 190 and 491 skilled visa ?

As per Section 10.4.1 of the Schedule 6D of the Migration Regulations:

When assessing periods of skilled employment for the purpose of awarding points, the following must be taken into account:

• the opinion of the relevant skills assessing authority on the period of skilled employment including the date on which they deemed the applicant skilled; and
• the Australian and New Zealand Standard Classification of Occupations (ANZSCO) including any pre-requisite qualifications/work experience relevant to the claimed skilled employment; and
• any other relevant information (such as employment records and references).

If the skills assessing authority’s opinion would result in the applicant being awarded less points than the applicant claimed in their EOI, then decision makers should consider the information in ANZSCO and apply the more beneficial outcome in determining when the applicant was working at a skilled level.

While having regard to the opinion provided by skills assessing authorities, decision makers also need to be satisfied with the bona fides of the supporting documents presented in making their decision to award points.

The regulations require only that an applicant is employed in a nominated skilled occupation for a particular period of time. The provision does not require the applicant to have skills of a particular standard during that period of employment. The decision maker can consider whether the applicant is undertaking at least some of the duties prescribed for the position in ANZSCO, for example, if a client is claiming employment as a carpenter, the tasks they are undertaking are those of a carpenter.