Obtain Permanent Residency as a Carpenter as an Irish Citizen
You can still be granted permanent residency in Australia even if you are an unlawful non-citizen and provided that you have never had a visa refused in Australia. If you are a Carpenter with relevant years of experience and there is an Australian business willing to sponsor you, this article is for you.
Permanent Residency – Subclass 186 (Direct Entry)
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 full-time work experience in the relevant field, coupled with a positive skills assessment under the Offshore Skills Assessment Program (OSAP).
Temporary Residency – Subclass 482
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.
Carpentry Licence
In most cases, a carpentry licence is required. Please visit the Department of Fair Trading to see whether the Applicant is required to hold a licence to perform carpentry work for the sponsoring business and the type of licence (if required).
Instances where licences 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 work experience the Applicant has obtained.
To be granted the subclass 186 (PR) visa, the Applicant will be required to hold a licence. However, it is not a requirement for the Applicant to hold a license to be granted the subclass 482 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 licence at any given time within the first 9 days after the visa grant.
Unlawful Status
As an immediate course of action, if the Applicant is an unlawful non-citizen, it is imperative to regularize the Applicant’s 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 the Applicant to make a valid application for either the subclass 186 visa or subclass 482 visa.
How Can Agape Henry Crun Help You
If you are looking to apply for a visa, please contact our team. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, and Malay. If this 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.