If the applicant is not exempted and is not nominated for a trade occupation specified in the relevant legislative instrument, they must demonstrate that they have qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation.
pam 30.1
Officers must assess whether the qualification is equivalent to the corresponding Australian standard and is relevant to the occupation.
The fundamental premise is that the ANZSCO requirement of a Certificate III with at least 2 years on-the-job training relates to circumstances where the qualification is obtained in Australia as part of an apprenticeship or formal training program; in other words, the on-the-job training must be part of the process in obtaining the qualification. If this is not the case, the policy position is that the person must have 2 years of post-qualification work experience.
Legislative requirements
The decision in Thongsuk v Minister for Immigration and Anor [2007] FMCA 655 (para 23) suggests the criterion intends to allow degrees, diplomas and trade qualifications to have a broader relevance to the nominated occupation than being only the manadatory qualification” The honor considered the use of relevant suggests a positive pertinence and particular usefulness to the nomination occupation.
pam 30.2
Under ANZSCO, there is no requirement of 2 years of on-the-job training for Certificate IV qualifications. However, under policy, if:
• higher level Certificate IV and Diploma qualifications essentially consist of Certificate III units and
• these higher level courses do not provide for 2 years of on-the job training that should have been part of these Certificate III course units
such Certificate IV and Diploma qualifications cannot substitute for the Certificate III requirement of two years of on-the-job training.
457.223 4(e) if the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the occupation — the applicant demonstrates that he or she has those skills in the manner specified by the Minister; and
pam 125
t is departmental policy that all applicants nominated in the occupations of Program and Project Administrator (ANZSCO 511112) and Specialist Managers nec (ANZSCO 139999) will be required to demonstrate that they meet 457.223(4)(e) by providing evidence of having completed a skills assessment for migration purposes conducted by VETASSESS. A VETASSESS 485 Skills Assessment is not acceptable for this purpose.
For other occupations, given the objective of quick, streamlined entry for the 457 visa, skilled migration skills assessments should occur only if:
• it is not possible to make an assessment based upon the information provided in the application or
• a 457 visa skills assessment is not supported by TRA.
Applicants may be invited to submit a formal assessment from the relevant skills assessing authority, if the officer:
• has bona fides concerns about the applicant or
• believes they are not able to make an assessment, as it is unclear whether the applicant has suitable skills for the position based upon the information provided in the application and
• considers that the applicant does not have the qualifications or the skills to fill the nominated position.
Usually, Australian skills assessing authorities will not undertake a skills assessment for the purposes of a temporary residence application. Before asking an applicant to undertake a skilled migration skills assessment, officers should check if there is a relevant Australian skills assessing authority for the nominated occupation.
If there is a relevant skills assessing body for the applicant’s nominated occupation and a delegate invites the applicant to undertake a formal skills assessment, the delegate should direct the applicant to obtain a formal skilled migration skills assessment from the relevant Australian skills assessing authority for their nominated occupation (see the CSOL for a full list of skills assessing authorities).
比较后我们可以看出457 和187 对于申请人技能的要求是不一样的。187 的措辞是 must demonstrate. 457 前面有 if Case officer required,才demonstrate.差别就在于 case officer 是不是可以不require, 457 一般来说 case officer 多一事不如少一事，都不会require. 这就是为什么申请人的学历和提名职业只要不是完全不相干，都可以批准457 。
因为我们了解这一点，我们敢于做一些中介不愿意做或者是认为注定失败的457case. 而187 是必须demonstrate， 并且根据policy 对cook 等 trade 职业必须加上2年工作经验的要求。所以我们不接187 没有2年工作的经验的trade 类别的申请人case. 我们可以接professional 187类别申请，学历和提名相关 （学历上的某门课可以用在提名职业上 ）比如会计专业提名餐馆经理。
经常有客户问我们 为什么大家都说不可以的申请，只有你们说可以 。通过以上分析可以看出，我们志杰移民的信心是建立在 知识的基础上的。