Visa applicants with less employment experience now have greater access to the permanent residence visas through a last-minute policy change in the final weeks of the 187 visa before it closes forever on 16 November 2019.

Previous policy incorrectly interpreted the three-year employment experience requirement to be in addition to any employment experience required by ANZSCO.

Visa applicants can use either three years or five years employment experience to substitute for a diploma or degree respectively for many occupations under ANZSCO. The change applies to the two permanent employer sponsored visas: the 186 visa (skill assessment required) and the 187 visa (regional locations only).

A restaurant manager without a Diploma of Hospitality, for example, only requires three years’ experience to satisfy both the ANZSCO requirements and the three-year employment experience requirement. Under the old policy a restaurant manager would have to have had six years’ employment experience if they do not hold a relevant diploma.

Previous policy also required experience requirement to be after any relevant qualification. The new policy does not require this, but the employment experience must be at the level of skill required for the occupation (not as a trainee). Part-time employment experience counts as half the period of full-time employment experience. This means one year of part-time employment experience is the same as six months full-time employment experience.

The author has a review hearing pending before the Administrative Appeals Tribunal on the previous policy interpretation by Home Affairs, which incorrectly interpreted migration legislation to require the three-year employment experience to be in addition to ANZSCO requirements. The author is very confident the review will be successful on the refusal of the nomination of a Fitness Centre Manager without a diploma but with three year’s employment experience.

The 187 permanent residence visa will close on 16 November 2019. In order to meet the 21-day job advertising requirement, employers must have the job advert posted on a national job website by Thursday, 24 October 2019 to meet the deadline.

Contact us now to check your eligibility and to make sure you meet the stringent job advertising requirements correctly.