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Frequently asked questions

Do trade occupations require mandatory licensing in Australia?

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Yes, many construction and engineering trades, including electricians, plumbers, and builders, require statutory state or territory licensing to work legally in Australia. Licensing requirements differ across Australian states and territories for construction trades, and some roles must also demonstrate compliance with Australian Standards. While visa approval depends on a successful skills assessment and meeting Department of Home Affairs requirements, workers must fulfill specific state licensing criteria upon arrival before performing unsupervised work on construction sites. Once employed lawfully, workers are also entitled to standard employment benefits including the 11.5% superannuation contribution.

Can decisions by the Department of Home Affairs be appealed?

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If a visa application or employer nomination is refused by the Department of Home Affairs, applicants or sponsors may have the right to seek merits review before the Administrative Review Tribunal (ART). Strict statutory time limits apply to lodge an appeal, making immediate legal advice essential to preserve appeal rights and present a robust case.

Is local Labour Market Testing required for employer sponsorship?

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Yes, Australian employers seeking to sponsor overseas workers under the Subclass 482 Skills in Demand visa or Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa must generally undertake Labour Market Testing. Employers must demonstrate that they have actively advertised the vacant position locally in accordance with strict legislative requirements before nominating an overseas applicant.

What happens if an applicant is over 45 years of age?

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The standard age limit for permanent skilled visas, such as the Subclass 189 Skilled Independent visa, Subclass 190 Skilled Nominated visa, and Subclass 186 Employer Nomination Scheme visa, is 45 years at the time of application. However, exemptions or higher age limits may be negotiated under company specific labour agreements or regional pathways for highly specialised construction professionals.