For my ENS/RSMS application, is Provisional licensure sufficient?
Applying for Australian permanent residence through the Employer Nomination Scheme (ENS) or Regional Skilled Migration Scheme (RSMS) comes with a suite of set criteria that must be met. Top of mind for most individuals navigating this process is usually English language testing, police clearances, employment experience and/or formal qualifications. What might be missed is the requirement for an individual to meet licensing or registration requirements for their nominated occupation. Overlooking this criterion could be fatal for an application in some circumstances.
What is the licensing / registration requirement?
Common to both the ENS or RSMS is the requirement for a prospective visa holder to either:
Hold a licence
Hold a specific kind of registration
Be a member of a specified professional body
if it is mandatory for an individual working in the occupation nominated to hold this licence/registration/membership to work in that field.
This means that an individual must already hold the licence/registration or is eligible to hold this at the time of applying for the permanent visa.
The question then becomes, when is it mandatory? This is not always an easy task to determine as a significant majority of occupations have peak professional bodies that regulate those working in a specified field. Add to the mix the fact that different States and Territories might have their own registration/licensing requirements and the question might seem unanswerable.
While regulation may exist, it may not be mandatory for all individuals working in that field to hold their own registration or licensing to be permitted to work.
The golden rule is generally, if someone can work under the supervision of another (who holds a licence/is registered) then registration or licensing is not a mandatory requirement for that occupation.
Is provisional registration sufficient?
In short, the answer is no. Provisional registration in an occupation is not sufficient for immigration purposes as it means that an individual does not hold full registration/licensing (i.e. there is some sort of caveat or qualification on their registration).
Any potential candidate for the ENS or RSMS, being nominated in an occupation that has mandatory registration or licensing must ensure that they complete the final requirements/training to become eligible for full registration before making their application.
How does this work in practice?
To illustrate the above concepts, it is helpful to examine difference types of nominated occupations:
| undefined | Mandatory registration / licensing for visa purposes? |
|---|---|
| Solicitor | Yes – Individuals cannot work as a Solicitor unless they hold a Practising Certificate from the relevant law society |
| Doctor | Yes – Individuals cannot work as a Doctor unless they are on the Register of Practitioners with AHPRA |
| Architect | No – individuals are permitted to work under the supervision of a registered Architect |
| Engineer | No – individuals are permitted to work under the supervision of a registered Engineer |
How Can Agape Henry Crux Help You?
Australian immigration can be very complex - if you want to find out more about a visa or citizenship matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling +612 8310 5230 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.