Clause 482.221 and 482.231 of the Migration Regulations 1994 require a 482 visa applicant to have worked in the nominated occupation, or a related field, for at least two years on a full-time basis.
One of the rationales behind the two year work experience requirement is to ensure that visa applicants are “highly skilled” and have the necessary work experience in the nominated occupation.
Period of Experience
The Department has an expectation that the two years work experience must have been undertaken in the last 5 years, although this 5 year period does not have to be continuous. The Department also has the discretion to consider work undertaken by the visa applicant as a part-time employee that is equivalent to two years full-time work to meet the work experience requirement.
What is considered full-time work
The Department will generally consider the following as full-time employment:
a) where the visa applicant has worked for 38 hours a week;
b) 32-45 hours a week where the visa applicant is employed under an industry award or an agreement compliant with the National Employment Standards.
The Department does not consider casual employment in making up the 2 year work experience requirement.
Work experience in a related field
If the visa applicant has worked in a related field, but not in the nominated occupation, the Department must determine whether the relevant positions are:
- the same or closely the same or closely related to those of the nominated occupation as outlined in ANZSCO; and
- are at the same skill level – i.e. work experience as a Kitchen Hand or Cook cannot be counted towards the work experience requirement for a Chef position. Work experience must be gained at the appropriate skill level. The occupations of Kitchen Hands and Cooks are at lower ANZSCO skill levels than that of Chef.
Written by Farhan Rehman
Director RSG Lawyers and Associates Pty Ltd
(03) 9350 4440
Footnotes are available upon request.