I am an Experienced Carpenter But I am Unlawful in Australia
Will I still be able to obtain permanent residency in Australia as a carpenter if I have overstayed in Australia without a visa?
If you are a Carpenter with relevant years of experience and there is an Australian business willing to sponsor you, you can still be granted permanent residency in Australia even if you are an unlawful non-citizen (i.e. staying in Australia without a visa). You must not have had a visa refused in Australia.
There are a number of ways in which an unlawful Carpenter may be able to obtain permanent residency in Australia:
A. Permanent Residency – Subclass 186 (Direct Entry) Visa
As an Applicant, you may be eligible for direct permanent residency through Employer Nomination Scheme Subclass 186 visa. To be eligible, the Applicant is required to demonstrate 3 years of full-time work experience in the relevant field (e.g. demonstrate that you have at least 3 years of full-time working as a Carpenter), coupled with a positive skills assessment under the Offshore Skills Assessment Program (OSAP).
B. Temporary Residency – Subclass 482 Visa
Alternatively, the Applicant and sponsoring business may consider the Temporary Skill Shortage Subclass 482 visa. This visa can be granted for up to 4 years and the Applicant may be eligible for permanent residency through the Subclass 186 Visa (Temporary Residence Transition Stream) after 3 years of working with the same sponsoring business. The best thing about this visa is the Applicant has no obligation to undertake a skills assessment unless requested by the Department.
Do I Need to have a Valid Carpentry License in Australia to obtain a Permanent Residency in Australia?
In most cases, a carpentry license is required. Please visit the Department of Fair Trading to see whether the Applicant is required to hold a license to perform carpentry work for the sponsoring business and the type of license (if required).
In instances where licenses are not required are, for example:
a. if the contract amount for each job performed by the Applicant is less than $5,000 (incl. GST), a carpentry license will not be required, or
b. if the work is commercial-related, a carpentry license will not be required.
There are 2 types of licenses that are relevant to Applicants wanting to get sponsored:
1. Qualified supervisor certificate; or
2. Contractor Licence
In some cases, a qualified supervisor certificate is sufficient. However, the Applicant will also require a Certificate III, which may be obtained through Recognized Prior Learning (RPL); utilizing the years of Carpentry work experience the Applicant has obtained.
To be granted the subclass 186 (PR) visa, the Applicant will be required to hold a license. However, it is not a requirement for the Applicant to hold a license to be granted the subclass 482 temporary work visa. Rather, the 482 visa will be granted with a condition that will stipulate if the Applicant is required or will be required to hold a license at any given time within the first 90 days after the visa grant.
We are on standby to assist you. Contact our team of experienced immigration lawyers and agents who has helped numerous clients obtain permanent residency for unlawful Applicants.
What is the immediate course of action if I am unlawful in Australia?
As an immediate course of action, if the Applicant is an unlawful non-citizen, it is imperative to regularize your visa status by obtaining a Bridging Visa. The Bridging Visa will most likely not allow you to work, however, a work permission can be obtained separately. The Bridging visa is also a prerequisite visa to enable you to make a valid application for either the subclass 186 visa or subclass 482 visa.
Fill in the form below and our immigration lawyers and registered migration agents will contact you as soon as possible
Angela De Silva
Special Counsel | Accredited Specialist in Immigration Law
Admitted to the Supreme Court of New South Wales and Register of Practitioners of the High Court of Australia
Our Leader
Angela has worked for one of the “big four” global firms for several years. She specialises in the provision of immigration advice, strategy and compliance for corporate clients.
Managing visa populations for these clients goes beyond the procurement of a visa and requires forethought on the intersections of immigration law with the commercial realities of the client.
Her experience involves obtaining bulk visas within short timeframes to meet client project demands, auditing visa programs to identify weaknesses/areas of risk, visa strategies for accompanying family members and assisting with advice and action in response to Departmental monitoring requests for sponsors. Read more about Angela.
What Some of Our Clients Say about us
Permanent Residency Subclass 186 Visa Granted in Less Than Two Months
When I first approached Agape, my previous agent and any other person I enquired with told me it was not possible. They told me that the payment issued whilst I was on the Subclass 457 visa cannot be rectified and it would not be possible to get my permanent residency (SC 186). However, Agape approached things differently and assisted me step by step in fixing the problem. I got my permanent 186 visa granted in less than 2 months. I am very grateful and happy for their assistance.
- Don H.
Subclass 186 (ENS) Permanent Residency Granted Within Days After Nomination was Approved
We found Agape Henry Crux to help us with our work visas, the team was confident with our application. However, because of covid19, we were worried whether our applications were going to be affected. We also had received quite a few request letters, but each time the team is super patient with all the request letter and have always been on top of the preparation of the documents. Thanks so much for the team at AHC Lawyers!
- Yeonghyeon
How can we help you?
Book a Migration Planning Session with us
Our Migration Planning Session is a consultation session dedicated to discussing your case’s issues, strategies and several pathways we personally curate for you. The session runs for approximately 40-60 minutes. After this session, we will send you an email to recount what we discussed and what our proposal is.
Our Accredited Specialists in Immigration Law and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.