33. TRA MSA Applicant Guidelines V9.0

8/17/2019 33. TRA MSA Applicant Guidelines V9.0

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Trades Recognition Australia

Migration Skil ls Assessment

Applicant Guidelines(March 2015)


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Department of Education and Training Migration Skills Assessment Applicant Guidelines Page 1

Table of Contents

Section 1

Overview of TRA Migration Skills Assessment .................................. 5

1.1 Purpose of the TRA Migration Skills Assessment Guidelines ..................... 5

1.2

TRA Migration Skills Assessment Summary ............................................... 6

1.3

Program objective ....................................................................................... 6

1.4 Relevant legislation ..................................................................................... 6

1.5 Program delivery ......................................................................................... 7

1.6

Fees payable for the TRA Migration Skills Assessment .............................. 7

1.7

Paying fees .................................................................................................. 8

1.8 Refunds ....................................................................................................... 8

1.9

TRA roles and responsibilities ..................................................................... 8

1.10

Applicant roles and responsibilities ............................................................. 9

1.11

Authorised representatives for Migration Skills Assessment applicants ...... 9

1.12 Privacy ......................................................................................................... 9

1.13 False or misleading information ................................................................ 12

1.14

Certification of documents and statutory declarations ............................... 12

1.15

TRA Migration Points Advice ..................................................................... 14

Section 2

TRA Migration Skills Assessment requirements and processes ... 15

2.1

Overview of the TRA Migration Skills Assessment.................................... 15

2.2

Purpose of the TRA Migration Skills Assessment ..................................... 15

2.3

Nominated occupation for the TRA Migration Skills Assessment .............. 15

2.4

Eligibility for a TRA Migration Skills Assessment ...................................... 16

2.5

The TRA Migration Skills Assessment process ......................................... 16

2.6

Meeting the eligibility requirements: qualifications .................................... 19

2.7

Meeting the eligibility requirements: apprenticeships ................................ 22

2.8

Meeting the eligibility requirements: employment ..................................... 23

Section 3 Contact details for Trades Recognition Australia ............................ 30

Section 4

Glossary ............................................................................................... 31

Section 5

Acronyms ............................................................................................. 34


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Department of Education and Training TRA Migration Skills Assessment Applicant Guidelines Page 2

Document particulars

TRIM ID ED11/017630 File TRA Migration

Skills Assessment

Applicant Guidelines.doc

Content last updated March 2015 Document

status

FINAL

Due for review September 2015

Point of contact Trades Recognition Australia

Approval authority General Manager, Trades Recognition Australia

Date of first approval

to publish

20 June 2011

Note: This is a controlled document in its electronic form only. Paper copies of this

document are not controlled and should be checked against the electronic version

before use.

With the exception of the Commonwealth Coat of Arms and where otherwise noted,

all material presented in this document is provided under a Creative Commons

Attribution 3.0 Australia (creativecommons.org/licenses/by/3.0/au) licence.

The details of the relevant licence conditions are available on the Creative

Commons website (accessible using the links provided) as is the full legal code for

the CC BY 3.0 AU licence (creativecommons.org/licenses/by/3.0/au/legalcode).

The document must be attributed as the TRA Migration Skills Assessment

Appl icant Guidel ines.


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Document change history

Version Date published Authors Summary of change Authorised

by

1.0 20 June 2011 TRA Publication Jan Febey

Branch

Manager,

TRA

1.1 30 June 2011 TRA Small text

amendment

Jan Febey

Branch

Manager,TRA

2.0 29 September

2011

TRA New information Jan Febey

Branch

Manager,

TRA

3.0 June 2012 TRA Update to paymentdetails and Contact

information

Dr MelissaMcEwen,

GeneralManager,TRA

4.0 January 2013 TRA Update to Sections1.7,1.12, 1.13, 2.4,2.5.2, 2.5.3, 2.5.5,2.6.1, 2.7.1, 2.8.1,2.8.2B, 2.8.4, 2.8.6,2.8.7

Dr MelissaMcEwen,GeneralManager,TRA

5.0 January 2013 TRA Update to section 2.3

Small textamendment 2.8.2,2.8.7

Dr Melissa

McEwen,GeneralManager,TRA

6.0 May 2013 TRA Update to section 1.6,

2.5.2, 3

Addition of 1.7, 1.8

Minor edit 2.8.1

Joanna

Wood,

A/g General

Manager,

TRA


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Version Date published Authors Summary of change Authorised

by

6.1 December, 2013 TRA Update to

Departmental naming

Update to section 1

1.1, 1.14, 2.4, 2.6, 2.8

Cecilia

Willis, A/g

General

Manager,

TRA

7.0 May 2014 TRA Update to website

links

Update to section

1.12, 2.4, 2.7.1, 2.8,

2.8.1, 2.8.4, 2.8.5,2.8.6,

Dr Melissa

McEwen

General

Manager,

TRA

8.0 June 2014 TRA Update to section

2.8.1, 2.8.4

Dr Melissa

McEwen

General

Manager,

TRA

9.0 March 2015 TRA Update to

Departmental naming

Dr Melissa

McEwen

General

Manager,

TRA


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Section 1 Overview of TRA Migration Skills Assessment

1.1 Purpose of the TRA Migration Skills AssessmentGuidelines

These guidelines describe the TRA Migration Skills Assessment program and the

requirements for applicants seeking a skills assessment under the program.

The primary audience for these guidelines is potential applicants for a TRA Migration

Skills Assessment. Terms explained in the Glossary are bolded when they first

appear in this document.

The TRA Migration Skills Assessment program is managed by Trades Recognition

Australia (TRA). TRA is a business unit of the Department of Education and Training.TRA is the relevant assessing authority for certain occupations under the Migration

Regulations 1994.

TRA operates seven separate skills assessment services. Six of these are for

migration purposes. It is important that you select the program that provides you with

the outcome you need.

If you are interested in applying for a TRA Migration Skills Assessment, it is essential

that you:

check that the nominated occupation in your visa application with the

Australian Department of Immigration and Border Protection (DIBP) is

one that is assessed by TRA through http://www.immi.gov.au/skilled/sol/

check that this program is the appropriate program for your skills

assessment (see below)

read the eligibility requirements for a TRA Migration Skills Assessment

before starting an application.

This program is for applicants seeking a skills assessment for migration purposes

AND who are not required to seek skills assessment through one of the TRAassessment services below:

Provisional Skills Assessment – required by recently graduated

international students in trades and related occupations, seeking a

Temporary Graduate Visa (Subclass 485)

Offshore Skills Assessment Program – required for trade applicants for

skilled migration visas whose country and occupation are managed

through TRA approved registered training organisations


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457 Skills Assessment Program – required by trade applicants for

temporary (subclass 457) skilled migration visas whose country and

occupation require a skills assessment

TRA Migration Points Advice – required for certain skilled migration visas,for applicants who already have a successful skills assessment and

require points advice for a visa application.

TRA also offers the Optional Skills Assessment Service and the Job Ready Program

which you may like to consider before applying.

These guidelines do not provide information on visas or points requirements for

migration. All enquiries about migration requirements must be directed to DIBP

(www.immi.gov.au).

TRA reserves the right to amend these guidelines as needed. Information about

changes to the guidelines will be documented in the ‘Document change history’ table

on page 2.

1.2 TRA Migration Skills Assessment Summary

A TRA Migration Skills Assessment is an assessment of your qualification/s and

employment to determine whether you have skills and experience comparable to

Australian industry standards for your nominated occupation.

You should check with DIBP regarding the eligibility requirements for the skilled

migration visa you seek before submitting an application to TRA for a skills

assessment.

1.3 Program object ive

The TRA Migration Skills Assessment program aims to ensure that your

qualifications, skills and employment experience are comparable with and relevant to

the Australian industry standards for a skilled worker in your nominated occupation.

1.4 Relevant legis lationTRA is the assessing authority for a range of trade and associate professional

occupations under the Migration Regulations 1994.

Regulation 2.26B(2) of the Migration Regulations 1994 provides that “the standards

against which the skills of a person are assessed by a relevant assessing authority

for a skilled occupation must be the standards set by the relevant assessing authority

for the skilled occupation”.


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1.5 Program delivery

TRA is responsible for the delivery of the TRA Migration Skills Assessment program.

1.6 Fees payable for the TRA Migration Skills AssessmentTRA manages TRA Migration Skills Assessments on a cost-recovery basis in

accordance with the Australian Government Cost Recovery Guidelines. Table 1 lists

the fees payable by you (all amounts in these guidelines are in Australian dollars). All

fees are paid to TRA unless otherwise specified. The fees paid to TRA do not attract

Goods and Services Tax (GST)1.

Table 1 Fee payable for the TRA migration skills assessment

Fee Type Fee When

Payable

Payment Method

STANDARD FEES

TRA

Migration

Skills

Assessment

$1,000 Before you

submit your

application.

Online by Visa or MasterCard credit/debit card.

OTHER FEES

TRA

Migration

Skills

Assessment

Review

$900 Only payable if you lodge an

application for a TRA

Migration Skills Assessment

Review.

The fee will be refunded if

the original assessment

outcome is overturned.

based solely on the

evidence originally provided

in the application under

review

Online by Visa or MasterCard credit/debit

card.

A Review Request Form is available from

the TRA website. Refer to the TRA Review

Policy available from the TRA website

(www.tradesrecognitionaustralia.gov.au).

1 GST does not apply to the fees pursuant to Section 81‐15.01 of the A New Tax System (Goods and

Services Tax) Regulations 1999.


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1.7 Paying fees

Payments for TRA services are made online by Visa or MasterCard credit/debit card

through the TRA Online Portal

(https://extranet.deewr.gov.au/trades/Interface/Pages/Security/Logon.aspx).

Online payments are processed securely using the Government EasyPay service

operated by the Reserve Bank of Australia.

If you are unable to pay by Visa or MasterCard, please contact TRA about alternative

payments methods. Do not send your application form until we have advised you

how to pay.

If your application is received without a valid payment, your application will be

returned without being assessed.

1.8 Refunds

Refunds will not be provided if you choose to withdraw your application.

TRA provides refunds in other limited circumstances. The circumstances in which

TRA will refund a payment are detailed in the TRA Refund Policy available on our

website (www.tradesrecognitionaustralia.gov.au).

1.9 TRA roles and responsibil ities

The roles and responsibilities of TRA in relation to the TRA Migration Skills

Assessment include:

responding to enquiries about the program

notifying applicants of receipt and outcome of applications

assessing applications involving:

- validating your qualification/s and assessing the comparability of your

qualification with the Australian qualification required for your nominated

occupation in Australia

- validating that your employment claims are genuine, at the required

skilled level, and comparable with and relevant to the skill level required

for your nominated occupation in Australia

providing advice about applications

conducting reviews when requested

responding to stakeholder feedback

managing the integrity of the program


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adhering to the Australian Public Service Code of Conduct

http://www.apsc.gov.au/aps-employment-policy-and-advice/aps-values-

and-code-of-conduct/code-of-conduct

1.10 Appl icant roles and responsibi lit ies

You must commit to the program by:

accurately and honestly completing the application and declaration forms

required for the program

providing authentic, valid, relevant and sufficient evidence to support your

claims of training and employment detailed in your application

paying the required fee for the skills assessment.

1.11 Authorised representatives for Migration Skills Assessment applicants

You are not required to nominate a migration agent or representative for a TRA

Migration Skills Assessment, although you may.

If you are considering engaging an agent, you can find advice and information about

the use of migration agents in Australia on the DIBP website at

www.immi.gov.au/visas/migration-agents/migration-agents-in-australia.htm .

If you engage an agent or representative to assist you with your application, you

must provide TRA with a signed Nomination of an Agent or Representative form (or

similar correspondence). This will allow TRA to provide information about your

application to your nominated agent. TRA will not provide any information about your

application to your nominated agent without your authority in writing to do so.

You must notify TRA in writing each time you appoint or change an agent or

representative. This advice will replace any previous agent or representative details

held on your TRA file.

The form is available under the contact us link on the TRA website


1.12 Privacy

All personal information collected by Trades Recognition Australia (TRA) is protected

by the Privacy Act 1988 (Privacy Act). Schedule 1 of the Privacy Act contains the

Australian Privacy Principles (APPs), which prescribe the rules for handling personal

information.

The Privacy Act defines ‘personal information’ as:


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‘information or an opinion about an identified individual, or an individual who is

reasonably identifiable:

(a) Whether the information or opinion is true or not; and

(b) Whether the information or opinion is recorded in a material form or not’

Privacy information

Under the APPs, the Department of Education and Training (Department) is required

to have a clearly expressed and up to date policy about the way the Department

manages personal information. This policy contains information about how you may

access the personal information the Department holds about you, and how you may

correct any inaccuracies in that information. We will correct your personal information

if it is inaccurate (subject to restrictions on such access/alteration of records under

the applicable provisions of any law of the Commonwealth).

It also includes information as to how you may make a complaint about a breach of

the APPs, and how the Department will respond to such a complaint.

A copy of the Department’s privacy policy is available on the Department’s website

at: https://education.gov.au/privacy-policy

More information about the Privacy Act, including a copy of the full text of the APPs,

can be obtained from the Office of the Australian Information Commissioner’s

website at: www.oaic.gov.au

Collection

TRA collects personal information from applicants for the purposes of:

Processing applications, verifying evidence provided with applications, and

assessing whether an applicant has suitable skills in a nominated occupation;

Confirming authorisation by an applicant of his or her representative or

migration agent, and to provide contact details for that representative or

migration agent;

Allowing you to make a payment of fees to TRA so you can lodge an

application; Allowing TRA to confirm payment and process refunds as applicable.

Conducting investigations and ensuring compliance with relevant laws,

awards or standards; and

Ensuring compliance with the Commonwealth Fraud Control Guidelines

(2011).

Personal information collected by the Department will only be used for the purposes

outlined above. If TRA is not able to collect your personal information, your

application will not be able to proceed.


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In the course of assessing your application, TRA may receive unsolicited personal

information about you from a third party. If TRA would normally have been able to

collect that information or it forms a part of a Commonwealth record, it will be treated

in accordance with the APPs. If not, TRA will destroy or de-identify that information.

Disclosure

TRA may give some or all of the information it collects from applicants or third parties

to the Department of Immigration and Border Protection, the Migration Review

Tribunal, the Australian Federal Police, your employer/s, your supervisor/s, your

nominated agent or representative, the organisations that issued your qualifications,

TRA approved registered training organisations, agencies providing advice to TRA

on qualifications such as UK NARIC, organisations or individuals providing in-country

verification services, the Australian Skills Quality Authority, the Reserve Bank of

Australia, your banking institution, contractors, the Fair Work Ombudsman and other Australian and state/territory government agencies.

TRA may disclose your personal information to these entities for the reasons that are

listed above in the collection section.

As part of the application process, TRA may be required to disclose your personal

information to an overseas recipient to verify information in your employment and

training claims. Typically, this personal information will be your name and date of

birth. These overseas recipients are likely to be located in the country or countries

from which you are making your employment or training claims.

Personal information collected by TRA will not be disclosed to any other third party

without your consent, except where authorised or required by law

Complaints

Please note, applicants are responsible for ensuring the accuracy and validity of all

information provided to TRA.

Complaints about breaches of privacy should be referred to:

Privacy Contact Officer

Legal and Compliance Group

Department of Education and Training

GPO Box 9880

CANBERRA ACT 2601

AUSTRALIA

Email: [email protected]


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1.13 False or misleading information

TRA will take reasonable steps to independently validate the information you supply

in your TRA Migration Skills Assessment application.

You are responsible for ensuring the accuracy and validity of all information provided

to TRA.

However, if TRA determines at a later date that information previously supplied is

false, misleading, non-factual or simply incorrect, and that in relying on that

information TRA has incorrectly assessed you as successful, TRA may write to you

to advise that the assessment is no longer considered successful. TRA will advise

DIBP accordingly.

TRA may refer such matters to the appropriate authorities for investigation where

information provided to support an application is known or believed to be false.

NOTE: Penalties under the Crimes Act 1914 and the Criminal Code Act 1995 may

apply for making false or misleading statements and providing false or misleading

information or documents.

1.14 Certi fication of documents and statutory declarations

TRA must be able to validate, to its satisfaction, the content and authenticity of all

documents that you provide.

1.14.1 Certif ied documents

Original documents must not be sent to TRA. All documents in support of your

application must be certified copies of original documents.

A certified copy is a true copy of an original document that has been seen and

certified by a person listed on the Australian Attorney-General’s website or a

registered migration agent and annotated as follows:

‘I certify that I have sighted the original document and this is a true copy of it.’

This certification must be made on a copy of the original documentation and include

the certifier’s name, title and registration number (where applicable), their original

signature and the date. Copies of signatures will not be acceptable.

If a document has multiple pages, the first page must include the signature and date

of the certifier, as well as the total number of pages of the document. Every page in

the document must have the original initial of the certifier and the date.

If you have documents certified in Australia, TRA will only accept documents certified

by an Australian registered migration agent or people who are listed in Schedule 2 of

the Statutory Declarations Regulations 1993, which is available through the


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Australian Attorney-General’s Department website

(http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx ).

If you have documents certified outside Australia, certified copies are copies

authorised, or stamped as being true copies of originals, by a person or agencyrecognised by the law of the country in which you currently reside or documents

certified by an Australian registered migration agent.

1.14.2 Statutory declarations

A statutory declaration is a written statement that allows a person to declare

something to be true.

In circumstances where an applicant cannot obtain all the evidence required to

support their TRA MSA application for reasons outside their control, a statutory

declaration may be provided detailing the missing evidence. It is not advisable forapplicants to submit a statutory declaration in place of several pieces of required

evidence, as the application is unlikely to be successful.

All statutory declarations must:

be accompanied by additional third-party evidence that can be

independently verified by TRA, and

include the reason why the statutory declaration is being provided instead of

certified copies of original documents.

Please note that TRA does not view information submitted in a statutory declaration

in the same way as it views verifiable third party evidence. This is why statutory

declarations must be supported by other independent evidence. For example, if an

applicant cannot obtain an employment statement from their employer (refer section

2.8.6), the applicant may choose to submit a statutory declaration detailing the

information that would otherwise be in the employment statement and why the

employment statement could not be obtained. If the applicant chose to do this, the

applicant would also need to submit further evidence of the claims made in the

statutory declaration, such as an official job description, a contract of employmentand an official description of the business. The assessor will determine whether,

taken together, this information is sufficient evidence to support claims without an

employer statement.

Please also note that statutory declarations will not be accepted in place of a

qualification or award certificate (refer section 2.6.1). A statutory declaration will also

not be accepted in place of an academic transcript (refer section 2.6.1), without

further supporting evidence to demonstrate that the applicant undertook the units

relevant to the appropriate Australian qualification in the applicant’s nominated

occupation.


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In Australia, all statutory declarations made in Australia must be signed by a person

who is listed in Schedule 2 of the Statutory Declarations Regulations 1993, which is

available through the Australian Attorney-General’s Department website

(http://www.ag.gov.au/Publications/Pages/Statutorydeclarationsignatorylist.aspx).

If you are supplying a statutory declaration from outside Australia, statutory

declarations must be signed and stamped by a person with authority to do so as

recognised by the law of the country where the declaration is being made. In all

instances, the statutory declaration must have the declarant’s signature witnessed by

a legal authority in the country where the declaration was made.

1.15 TRA Migration Points Advice

DIBP introduced a new migration points test for certain skilled migration visas on 1

July 2011. The points test recognises a range of skills and attributes.

TRA will expect that you have a successful skills assessment outcome before you

lodge an application for Migration Points Advice with TRA.

TRA is responsible for providing advice for the points test about:

skilled employment, and

qualifications obtained in Australia and overseas

TRA is not responsible for awarding points.

The awarding of points for the skilled migration points test remains at the discretion

of delegated officers of DIBP.

Detailed information about the points test is available on the DIBP website

(www.immi.gov.au).


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Section 2 TRA Migration Skills Assessmentrequirements and processes

2.1 Overview of the TRA Migration Skills AssessmentThe TRA Migration Skills Assessment involves an assessment of your qualification/s

and employment history to determine whether they are comparable with Australian

standards for a skilled worker in your nominated occupation.

TRA will assess documents you provide as evidence of your

qualifications/apprenticeship and employment in your nominated occupation.

2.2 Purpose of the TRA Migration Skills Assessment

The TRA Migration Skills Assessment can be requested to meet the skillsassessment requirement specified by DIBP for skilled migration.

You should check with DIBP before submitting an application to TRA to ensure that

you have selected the appropriate skills assessment for the visa you are seeking,

and that TRA is the correct assessing authority for your nominated occupation.

2.3 Nominated occupation for the TRA Migration Skills Assessment

Your nominated occupation for the TRA Migration Skills Assessment must be:

listed on the Skilled Occupations List (SOL) or the Consolidated Sponsored

Occupations List (CSOL) on the DIBP website with TRA as the relevant skills

assessing authority (see http://www.immi.gov.au/skilled/sol/)

relevant to your qualification and/or apprenticeship

relevant to your employment.

Information about occupations in Australia is available from a number of sources

including:

Australian and New Zealand Standard Classification of Occupations

(ANZSCO)

(http://www.abs.gov.au)

Australian Job Guide, which provides information about a wide range of

occupations

(http://www.jobguide.thegoodguides.com.au/occupation/search)

www.training.gov.au website, which lists Australian qualifications.


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2.4 Eligibil ity for a TRA Migration Skills Assessment

To receive a positive TRA Migration Skills Assessment outcome you must provide

documents to show that you:

are from a country and in an occupation covered by the TRA Migration Skills

Assessment program (that is, you are not from a nominated country and

nominated occupation under the Offshore Skills Assessment Program), and

have a qualification comparable to the Australian qualification for your

nominated occupation or have completed an apprenticeship comparable to

the Australian apprenticeship for your nominated occupation, and

have completed three years of full-time (or equivalent part-time) paid

employment in your nominated occupation at the required skill level, and

have completed at least 12 months of full-time (or equivalent part-time) paidemployment in your nominated occupation, or in a closely related occupation

where you are required to maintain your skill level for the nominated

occupation, in the three years immediately before applying, and

have paid the $1,000 TRA Migration Skills Assessment fee.

2.5 The TRA Migration Skills Assessment process

You must adhere to the following process to be eligible for a successful TRA

Migration Skills Assessment.

2.5.1 Complete application form

To apply for a TRA Migration Skills Assessment, you must complete a TRA Migration

Skills Assessment Application Form available from the TRA website


You can complete the application form online or you can save the form on your

computer as a word document.

You must print the application form, sign and send it together with your requireddocuments and evidence of payment of the required application fee. You must sign

and date the form before you post it to TRA. Refer to section 1.7 for information

about paying fees.

Your application must be decision ready for assessment by TRA.

Decision ready means that your application has:

all the mandatory fields completed

all the required documents attached to the application form as evidence of thequalification and employment claims made in your application


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been signed and dated by you.

You must also attach evidence of payment of the required application fee to your

application.

It is your responsibility to ensure that your application is correct, accurate and

complete before you submit it to TRA.

TRA does not contact applicants for additional information.

If you engage an agent or representative to help you to complete the TRA Migration

Skills Assessment application, you will be required to provide their details in Part 3 of

the Application Form or notify TRA in writing by completing the Nomination of an

Agent or Representative form available on the TRA website (or similar

correspondence).

2.5.2 Skills assessment application fees

The TRA Migration Skills Assessment fee payable to TRA is $1,000. Refer to Section

1.7 for information about paying fees.

2.5.3 Support ing documents

You are required to provide the following documents with your application for a valid

TRA Migration Skills Assessment:

a completed application form which is signed and dated

a certified copy of the biographical identity page of your valid passport. If your

passport does not contain a photograph, you must also send a certified

passport photograph of yourself

certified copies of:

- your qualification and/or apprenticeship documents such as final

certificates or diplomas relevant to your nominated occupation

- a full academic transcript of results, including the start and end date of

your qualification/award (resulting from either training and/or assessment)

- evidence of the nature and content of the qualification/award including

subjects achieved. The evidence should describe the content of each

subject and any machines, tools and equipment used

contact details for the organisation issuing the qualification

certified employment statements that can be independently validated (

employment statements must include all the requirements in Section 2.8)

evidence of payment of the application fee.

You must ensure that TRA receives all of the required documents with your

application.


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You may provide a statutory declaration with your application as partial evidence of

your employment and/or qualification attainment. Refer to Section 1.14 for

information about statutory declarations.

A statutory declaration will not be accepted on its own as evidence of employment ortraining. You must also provide some form of third party evidence that can be

independently verified by TRA to support the claims made in the statutory

declaration.

2.5.4 Certi fying documents

You must have all documents certified by a certifying officer who meets the

requirements set out in Section 1.14 of these guidelines.

Do not send original documents to TRA.

2.5.5 Translating documents

If your evidentiary documents are not in English you must provide a certified copy of

each document in its first language accompanied by a certified copy of the English

translation.

A. Translating Documents in Australia

If you have documents translated in Australia, acceptable translations may be

obtained from translators accredited with the National Accreditation Authority for

Translators and Interpreters (NAATI). Details of these translators can be found in theYellow Pages or the telephone directory under ‘Translations’ or on NAATI’s website

at www.naati.com.au.

Make sure you check the translator’s accreditation by either calling NAATI on 1300

557 470 or asking to see the translator’s letter or certificate of accreditation as a

translator in the language and checking the translator’s identification card from

NAATI. Translations done by NAATI accredited translators must include the

translator’s name, NAATI identification number and accreditation status.

B. Translating Documents outside AustraliaIf you have documents translated outside Australia, the translator must be approved

by the authorities in the country where the translation is made. Ask your nearest

Australian Embassy, High Commission or Consulate for advice if you are unsure.

Overseas translations must be on the organisation’s letterhead and include an official

stamp and the translator’s name (all in block letters), signature and contact telephone

number legibly printed below the signature.

This information is required so that TRA can contact the translator if necessary to

verify the translated documents.


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2.5.6 Assessment of your application

A TRA Migration Skills Assessment will generally be completed within 60 working

days of receipt of the required documents.

A TRA Migration Skills Assessment will involve the following:

validation of documents provided by you

comparing the qualification documents you provide with the requirements for

the relevant AQF qualifications/ apprenticeships in Australia

comparing your employment history with the requirements for a skilled worker

in your nominated occupation in Australia

notifying you of the outcome of the assessment by letter.

The onus is on you, the applicant, to provide TRA with sufficient, valid documents tosupport your claims for a comparable qualification and employment at the required

skill level.

You will not be successful in a TRA Migration Skills Assessment if the documents

you provided to TRA:

are not relevant to your nominated occupation

contain insufficient detail for TRA to be satisfied that you meet the TRA

Migration Skills Assessment eligibility requirements

cannot be validated to TRA’s satisfaction as being a true and accurate record

of your qualifications and/or employment

or

are found to contain false or misleading information.

2.5.7 Review of Assessment

If you do not agree with an assessment outcome, you can lodge an application for a

TRA Migration Skills Assessment review. A fee of $900 applies.

You will receive the Application for Review form when you are sent your TRA

Migration Skills Assessment outcome letter after the assessment is finalised.

Further information can be found in the TRA Assessment Review Policy on our

website: www.tradesrecognitionaustralia.gov.au.

2.6 Meeting the eligibil ity requirements: qualifications

You must hold a relevant Australian qualification achieved through study or

recognition of prior learning or hold a comparable international qualification. Your


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qualification will be recognised as comparable to the relevant Australian qualification

if TRA is able to validate that the qualification is:

at a level comparable to the Australian qualification required for the

occupation

at a quality standard comparable to Australian qualifications

relevant to the nominated occupation.

In determining comparability of the level and quality standard of qualifications we will

apply the relevant principles set out in the Austral ian Qualif ications Framework

(AQF) Principles and Processes for the Alignment of the AQF with International

Qualifications Frameworks.

In summary, these principles include (but are not limited to) that:

the AQF will not be adapted to suit another nation’s or region’s requirement

alignment will usually be between the AQF and another national or regional

qualifications framework, or if these do not exist, between the AQF and

another national or regional qualifications system

there is a clear and demonstrable link between the qualifications levels in the

AQF and the levels in the national or regional qualifications framework (or

system)

national or regional qualifications frameworks and qualifications are based onthe principles and objectives of learning outcomes and volume of learning

that are comparable to the learning outcomes in the AQF

procedures for inclusion of qualifications in the relevant national or regional

qualification framework or system are transparent

international experts are consulted to support and assist in the development

of reliable outcomes.

For additional details see www.aqf.edu.au.

2.6.1 Documents required as evidence of a qualif ication

The following documents must be provided as evidence of a qualification:

a certified copy of the qualification

a certified copy of the academic transcript for the qualification

You may also wish to provide other documents which provide further detail regarding

the entries included in the academic transcript.


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2.6.2 Qualification is at a level comparable to an Australian qualification

To determine whether your qualification is at a level comparable to the relevant

Australian qualification for your nominated occupation, we will refer to a range of

Australian and international government and other authoritative sources.

We will require you to have completed a minimum of nine years of compulsory

general education prior to undertaking and completing a qualification that includes a

volume of learning comparable to the relevant Australian qualification for the

occupation.

The level of an Australian qualification required for an occupation in Australia will

generally be specified in industry-endorsed Training Packages. Occupations that we

assess are generally at either an AQF level of Certificate III, Certificate IV or

Diploma.

2.6.3 Qualification is at a comparable quality standard to an Australianqualification

To determine whether your qualification is of a comparable quality standard to the

relevant Australian qualification for your nominated occupation, we will compare the

vocational education and training system from the country where the qualification

was awarded to Australia’s training system.

The central features of Australia’s vocational education and training system include:

a national qualifications framework

Australian laws to regulate vocational education and training (VET)

a formal, government managed system for assuring the quality and standard

of qualifications issued by training providers

a formal, government managed system for assuring the quality of training

providers

national recognition of qualifications issued by registered training

organisations

industry involvement in the training system.

In determining whether a qualification is of a comparable quality standard, we will

consider whether the country’s vocational training system has:

a structured qualifications system or framework

a government-led system of training provider quality assurance

a government-led system for accrediting/endorsing qualifications

established relationships with industry/employer organisations to provideinput into training provider delivery


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formal recognition of the qualification in the country of issuance.

2.6.4 Qualification is relevant to the nominated occupation

To determine whether your qualification is relevant to the nominated occupation, we

will assess your qualification and academic transcript to determine if the content of

your qualification is comparable to the learning outcomes required for the relevant

Australian qualification for the nominated occupation in Australia.

The evidence you provide should describe the content of each subject/component

completed and any machines, tools and equipment you used to gain your

qualification.

We will refer to Australian industry-endorsed Training Packages to determine

whether your qualification is relevant to your nominated occupation in Australia.

2.7 Meeting the eligibil ity requirements: apprenticeships

An apprenticeship will be recognised as meeting the eligibility requirements if it:

is at a level comparable to the relevant Australian apprenticeship and

qualification required for the occupation

is a qualification or award that is relevant to the nominated occupation is

issued as a result of the apprenticeship;

has been undertaken through a program that was regulated andquality assured by the government of the country where the

apprenticeship was completed; and

is supported by approved government and industry bodies.

2.7.1 Documents required as evidence of an apprenticeship

The following documents must be provided as evidence of an apprenticeship:

a certified copy of the apprenticeship qualification or award; and

certified copies of at least one of the following documents that verify the

content of the apprenticeship:

o Contract of apprenticeship

o Qualification transcript

You may also supply any other documentation relevant to the apprenticeship to

support your claims.


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2.8 Meeting the eligibi lity requirements: employment

Employment will be recognised as meeting the TRA Migration Skills Assessment

requirements if it is:

paid, full-time (or equivalent) employment

relevant to the nominated occupation

performed at the required skill level for Australian industry standards

for at least three years, including 12 months in the last three years.

2.8.1 Documents required as evidence of employment

The following documents must be provided as evidence of employment:

employment statements for all employment claimed or a personal statement(if claiming self-employment)

details of your employment history in your own words

other certified evidence of being employed such as pay slips, tax documents

or superannuation documents (refer to section 2.8.2)

PAYG Payment Summary for every year of Australian employment you wish

to claim (excluding the current financial year for which you are yet to receive a

PAYG Payment Summary)

other documents listed in Section 2.8.7 if you are claiming self-employment.

You may wish to also provide any other evidence that can substantiate your

claims for employment at the required skill level.

You may include a statutory declaration as partial evidence of your employment with

your application. However, a statutory declaration will not be considered by TRA on

its own as evidence of your employment. You must also provide an additional form of

third party evidence that can be independently verified by TRA, for example taxation

documents citing the name of the employer, or letters of appointment, past

references, performance reviews issued by an authorised person of the business.

To ensure a valid and reliable assessment of your employment, statutory

declarations as partial evidence must include all the details listed in Section 2.8.6 (if

an employee) and Section 2.8.7 (if self-employed).

Note: If you are seeking recognition of employment undertaken prior to gaining an

AQF qualification via a recognition of prior learning process, please see Section 2.8.4

for additional requirements


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2.8.2 Full-time (or equivalent) paid employment

A Ful l-time (or Equivalent part-t ime) Employment

TRA considers full-time employment as ongoing employment working the required

number of hours considered full-time in the country where the employment wasundertaken. Fair Work Australia considers full-time employment in Australia as 38

hours per week, unless a particular industrial award specifies otherwise.

If your country of employment operates under different arrangements for full-time

work from that required in Australia, you must provide evidence to TRA with your

application that can be independently validated.

Acceptable evidence may include a statutory declaration from your employer or an

extract from an official government website or document.

Note: Evidence of employment undertaken on a part-time basis will be considered

and counted toward employment requirement on a pro-rata basis.

B Paid Employment

Employment is considered to be paid when an employer pays you wages

commensurate with the skill level required for the employment undertaken. If you are

self-employed, employment is considered paid if you charge fees commensurate with

the skill level required for the services you provide.

TRA requires sufficient evidence of paid employment to verify that your employmentwas full-time (or equivalent part-time) and at the required skill level for your

occupation in Australia.

TRA wil l require at least one primary source of evidence or a minimum of two

secondary sources of evidence for each year and each period of employment

being claimed. Addit ional evidence may also be requested.

Primary sources of evidence may include:

Tax records that cite the name of the applicant and the employer

Annual payment summaries/Group certificates that cite the name of the

applicant and the employer

Pay slips that include the name of the employer, commencement date of the

employment and year to date income information

Superannuation documents that cite the name of the applicant and the name

of the employer

Annual/company returns (for self-employed applicants) with an accompanying

accountant statementSecondary sources of evidence may include:


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Pay slips (without details of commencement date or year to date income

information)

Advice regarding wages paid in an employer statement (in accordance with

Section 2.8.6) A certified statement from your registered/certified accountant.

Letters from taxation offices that do not contain the name of the employer

Bank statements showing income deposited from employment.

You may wish to provide other evidence to substantiate your claims of paid

employment.

If you are claiming Australian employment, you must include the PAYG Payment

Summary for every year of Australian employment you wish to claim (excluding the

current financial year for which you are yet to receive a PAYG Payment Summary).

2.8.3 Employment is relevant and at the required ski ll level for yournominated occupation

TRA generally considers that skilled employment is undertaken after the issuance of

a qualification which is formally recognised as comparable to the Australian

qualification required for the occupation in Australia.

Employment will be considered relevant to your nominated occupation if your

employment statement/s demonstrate that you have performed tasks comparable tothose undertaken in the nominated occupation in Australia.

Employment will be considered at the required skill level for your nominated

occupation if you provide evidence that you have worked in the occupation at a skill

level comparable to a qualified tradesperson/technician in the occupation in Australia.

We will compare the statements provided by your employers and the written

description of your work in your own words in Part 8 of the application form, with the

tasks specified in the Australian Government agreed sources of the descriptions of

occupations, such as the Austral ian New Zealand Standard Classif ication of

Occupations (ANZSCO).

2.8.4 Applicants who hold an AQF qualification issued via recognitionof prior learning

Some applicants may have been issued with an AQF qualification recently through a

recognition of prior learning (RPL) process.

Skilled employment prior to the issuance of an AQF qualification via recognition of

prior learning may be recognised if the employment:

is directly related to the nominated occupation

commenced after the applicant’s 16th birthday


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covers no less than six years of full-time (or equivalent) paid employment,three years of which may be as a trainee under the direct supervision of atradesperson/employer (this is considered an informal training period) with anadditional three years full-time (or equivalent) paid employment completed atthe required skill level for the occupation.

Skilled employment undertaken after the issuance of an AQF qualification will also be

considered towards meeting the requirement.

Since 1 January 2014, TRA has included on its MSA outcome letter a date at which

TRA considered that the applicant was first able to work in skilled employment in

their occupation. This can assist applicants who are applying for a points-based visa.

The date that will be included for applicants who obtained their qualification by RPL

will be the date the applicant finished their first three years of verifiable, paid, full-time

(or equivalent) employment in their occupation (with those three years representing

an informal training period). Applicants can apply for TRA Migration Points Advice or

supply extra evidence to DIBP if they wish to claim employment prior to the noted

dated, which will be determined on the evidence available.

2.8.5 Employment for at least three years, with 12 months in the lastthree years

To ensure that you have the skills and experience to meet the requirements of a

skilled worker in an Australian workplace you are required to demonstrate that you

have undertaken at least three years of employment at the skill level required for the

occupation.

To ensure that your skills are current, we require you to provide evidence that you

have worked for 12 months at the required skill level in your occupation, or a closely

related occupation where you are required to maintain your skill level for the

nominated occupation, within the last three years.

2.8.6 Employment as an employee

For each period of employment you are claiming as an employee, you must provide

an employment statement.

Every employment statement must be signed by a person authorised to make the

statement. This person may have been your employer or a direct supervisor.

Every employment statement provided to TRA must be unique and include:

the name of the business

the nature of the business (for example, construction company, hotel)

a description/overview of business and the services/products provided by the

business

the address of business where you worked


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when you worked there, that is start date and end date of your employment

the nature of your employment (full-time, part-time)

your normal hours of work

your job title (occupation)

a detailed description of the nature and content of the work you undertook

a detailed description of the machines, tools and/or equipment you used

the name, position, telephone and email contact details of the person

authorised to make and sign the statement

the length of time that the person signing the statement has been supervising

you must also be clearly indicated.

All employment statements must be signed and dated, and on letterhead used by theemployer’s business where possible. If you are unable to provide employment

statements on letterhead you must provide us with an explanation of why this is not

possible.

All employment statements must be certified.

TRA may contact an employer to validate the information provided in an employment

statement.

TRA requires you to provide a contact telephone number for every person whosupplies an employment statement for you. A mobile telephone number will not be

sufficient as a primary contact number unless TRA can validate independently that

the number and person providing the statement is linked to the organisation where

you were employed.

You may wish to provide additional evidence to assist in verifying that the telephone

number and person providing the statement are linked to the organisation where you

were employed. This evidence may include telephone bills, links to online advertising

and directory listings that show the telephone number is linked to the business.

If you provide a statutory declaration as partial evidence for a period of employment

you must include all the details listed above in the statutory declaration.

2.8.7 Self-employment

TRA may consider self-employed work in your nominated occupation.

If you are or have been self-employed, you must provide evidence of trade, trade-

related or occupation-specific self-employment.


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Your application must include a personal statement on a properly signed statutory

declaration, affidavit, sworn statement or similar legal declaration (with your signature

witnessed by a legal authority in your country).

Your personal statement must provide the following details:

a. the exact commencement and completion dates of each period of self-

employment

b. the occupation in which you were self-employed

c. the nature and content of the work tasks you personally performed

d. the number of staff you employed and their occupations, where relevant

e. a description of your workshop and the tools and equipment used

f. a list of three clients, with contact details, for each year of self-employment

you are claiming.

TRA will also require you to provide the following evidence of your self-employment:

g. a certified copy of your business registration certificate valid for each period of

self-employment you claim

h. a certified statement on letterhead paper from your accountant or legal

representative certifying the name and nature of your business, the exact startand end dates of your self-employment and the capacity in which you were

self-employed

i. evidence of paid employment (see Section 2.8.2 )

j. certified copies of at least three statements from suppliers confirming the

purchase of materials and equipment relevant to the work you were

performing through your self-employment for a range of different self-

employment trading periods you are claiming

k. certified copies of at least three quotations/invoices or contracts for clients with

details of the work completed, the client details and job location for work

undertaken during the period of self-employment claimed. You must ensure

that these documents reflect the range of work that you have undertaken in

your nominated occupation over the course of the self-employment period

claimed

l. certified copies of references from three clients confirming full details of the

work you did for them and the dates the work was undertaken. These

references must be from different clients to those mentioned in (k) above, but

these clients must be included in (f) above


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m. evidence of any trade licensing or registration and the prerequisites to obtain

the licence or registration, where relevant

n. any other documentation that provides support for the existence and purpose

of the business. This may include information such as certified copies ofadvertising or promotional material (including internet advertising).


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Section 3 Contact details for Trades Recognition Australia

To enquire about the TRA Migration Skills Assessment, contact Trades Recognition

Australia.

Phone

Monday to Friday: 10.00 am – 12.00 pm and 1.00 pm – 4.00 pm

Australian Eastern Standard Time (GMT +10 hours), excluding public holidays

Outside Australia: +61 2 6240 8778

Within Australia: 1300 360 992

Email

General Enquiries: [email protected]

Payment Enquiries: [email protected]

Fax

+61 2 6123 7883

Internet

www.tradesrecognitionaustralia.gov.au

Post



GPO Box 3022

CANBERRA ACT 2601

AUSTRALIA

Courier



Via Loading Dock

50 Marcus Clarke Street

Canberra ACT 2600

Australia


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Section 4 Glossary

Term used in

guidelines

Definition

academic transcript A record of all learning leading to a qualification issued by

an authorised training provider.

In Australia, this may be called a ‘transcript of results’,

‘record of results’, ‘record of achievement’ or ‘statement of

results’.

applicant A person who submits an application for a TRA Migration

Skills Assessment.

assessing authority A body or organisation approved by the Minister for

Education or the Minister for Employment and gazetted by

DIBP as responsible for undertaking skills assessments for

migration purposes.

Australian and New

Zealand Standard for

Classification of

Occupations

(ANZSCO)

ANZSCO is a system developed by the Australian Bureau of

Statistics to collect, publish and analyse occupation statistics

across government agencies.

Australian

Qualifications

Framework (AQF)

A national system of qualifications encompassing all post-

compulsory education.

Currency Currency is a rule of evidence in the vocational education

and training system in Australia. Evidence of recent (current)

employment enables verification by TRA that an applicant iscurrently performing to the required industry standard for the

occupation in Australia.

decision ready An application that is on the correct application form, is

signed and dated, has the correct fee and represents an

applicant’s most comprehensive and strongest case for a

successful assessment outcome. TRA does not contact

applicants for additional information.


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Term used in

guidelines

Definition

Department of

Immigration and

Border Protection

(DIBP)

DIBP has responsibility for administering the Migration Act

1958 and associated regulations.

Department of

Education and

Training

The department will be responsible for national policies and

programmes that help Australians access quality early

childhood education, school education, higher education,

vocational education and training, international education

and research.

employment Full-time, part-time or casual employment from which

income is earned and in which there exists an employer–

employee relationship.

level Refers to the level of a qualification formally recognised

within a national/regional qualification system/framework or

international classification system

migration agent In Australia, people who want to provide immigration

assistance must be registered with the Office of the

Migration Agents Registration Authority.

A registered migration agent can use their

knowledge of Australia’s migration

procedures to offer advice or assistance to

a person wishing to obtain a visa to enter

or remain in Australia. They can also

assist people who are nominating orsponsoring prospective visa applicants.

nominated occupation The occupation selected by an applicant for the TRA

Migration Skills Assessment.

To be accepted by TRA, this occupation must be on a

Skilled Occupation List or Consolidated Sponsored

Occupation List and be an occupation assessed by TRA.

qualification A qualification awarded as a result of study or recognition of


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Term used in

guidelines

Definition

prior learning and relevant to an occupation assessed by

TRA.

quality standard The mechanisms within a country to assure the quality of

vocational training qualifications and training providers

relevant related to the Australian standards for the nominated

occupation

required skill level The level of skills and knowledge expected for a

tradesperson to operate effectively in an Australianworkplace as a skilled worker.

review A request to re-examine an application when the applicant

does not agree with an assessment outcome.

Trades Recognition

Australia (TRA)

The relevant assessing authority, under the Migration

Regulations 1994, for trade and related occupations.

validation Quality assurance processes to substantiate the claimsmade in applications and supporting documentary evidence.

visa A document that gives someone permission to travel into a

specific country and stay there for a set period.

volume of learning The volume of learning is a dimension of the complexity of a

qualification. It is used with the level criteria and qualification

type descriptor to determine the depth and breadth of the

learning outcomes of a qualification. The volume of learning

identifies the notional duration of all activities required for the

achievement of the learning outcomes specified for a

particular AQF qualification type. It is expressed in

equivalent full time years.

Source: www.aqf.edu.au


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Section 5 Acronyms

Acronym Meaning

ANZSCO Australian and New Zealand Standard Classification of

Occupations

AQF Australian Qualifications Framework

ASRI Australian Skills Recognition Information

CSOL Consolidated Sponsored Occupation List

DIBP Department of Immigration and Border Protection

GST goods and services tax

APPs Australian Privacy Principles

NAATI National Accreditation Authority for Translators and Interpreters

RPL Recognised Prior Learning

RTO Registered Training Organisation

TRA Trades Recognition Australia

SOL Skilled Occupation List

VET vocational education and training

33. TRA MSA Applicant Guidelines V9.0

Documents

Transcript of 33. TRA MSA Applicant Guidelines V9.0