Employment

The following types of employment will not be accepted in relation to minimum nomination requirements or priority attributes:

• internships (unless paid professional internships undertaken for registration purposes), stipends, scholarships and volunteer positions
• taxi drivers, ride-share, food delivery
• subcontracting employment is only recognised where the applicant has a related skills assessment or at least two years prior experience. If the role is lower skilled (ANZSCO 4-5 equivalent, such as disability support worker) it is only recognised where the skills assessment is related to the industry in which the role is performed.
• massage therapists without a related skills assessment and verifiable health fund provider number *
• employment related to supermarkets^ convenience stores and service stations
• mobile phone sales and support – when immediately transferring from another state or territory
• employment related to limited-service restaurants** including:
  • fast food or takeaway food services
  • drinking establishments that offer only a limited food service
  • limited-service restaurants and cafes**, and
  • limited-service pizza restaurants.

  _{*massage therapists must have their own provider number and cannot use the provider number of the business proprietor}

_{^Retail supervisor and management positions in supermarkets (not convenience stores) will be considered and weighted in the Tasmanian Skilled Employment, Tasmanian Skilled Graduate and Established Resident pathways where the duties are consistent with at least ANZSCO Skill Level 4 (e.g., Retail Supervisor).}

**Employment related to limited-service restaurants

_{Employment as a Cook, Chef or Café or Restaurant Manager in a fast-casual restaurant will only be considered if the applicant has a directly related skills assessment. It will not be considered for limited-service restaurants or cafes.}

_{Fast casual restaurants combine elements of fast food and casual dining, blending the speed and convenience of fast food chains and the quality and atmosphere of a casual restaurant. These establishments typically offer freshly prepared dishes, and a more appealing dining environment without the full table service of traditional sit-down restaurants.} 

_{Fast casual restaurants and cafes are usually characterised by:}

• _{Made-to-order meals emphasising higher quality ingredients}
• _{Limited service or self service}
• _{Upscale or highly developed decor}
• _{All ingredients/meals are prepared on-premises}
• _{Off-premise and on-premise dining, but with an emphasis on dining in}
• _{Lower average meal price than fine dining}
• _{No drive-through}

Contracts for employment must be current and should have at least 3 months remaining (unless demonstrating prior experience). They must be consistent with the National Employment Standards (NES) and any awards, enterprise agreements or other registered agreements that may apply.

Contracts should contain:

• commencement / end dates
• duty statement / position description
• salary / pay rate
• relevant industrial instrument, award or agreement
• standard hours of work, and
• location of work.

Where a contract has not been entered into (eg, casuals who do not have a formal contract), applicants will need to provide evidence of the job offer and that all pay and conditions are consistent with the National Employment Standards (NES) and any awards, enterprise agreements or other registered agreements that may apply.

If applying in the Skilled Employment Pathway and working outside your area of skills assessment, you must have relevant qualifications or experience as defined in ANZSCO.

For example, if you have an External Auditor skills assessment but you are working as a cook (ANZSCO Skill Level 3), you must have a AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV, or at least three years of relevant experience. Qualifications gained through online study or entirely on basis of Recognition of Prior Learning not accepted for consideration.

Qualifications related to ANZSCO 4-5 employment must be minimum Certificate III.

Qualifications that were gained outside Australia will be recognised in regard to relevance to current employment if the overseas institution is a nationally recognised institution in the relevant home country.

A well-established business actively operating in Tasmania is normally expected to have a combination of the following characteristics:

• a minimum 12 months operation in Tasmania
• permanent business signage
• active/ongoing online presence, advertising and marketing
• a Tasmanian address as a registered business location
• a local landline contact number
• an ongoing office space (not a residential address) that is not ‘casual’ or ‘virtual’ (including corporate/co-shared offices)
• permanent representation of employees at the stated business location.

If your employment is not with a well-established business, it cannot be used to meet priority attributes, including those related to salary or pay rate.

If your employer is not a well-established business, you should select the "not applicable" options in the corresponding questions in the Application Gateway.

All employment (including casual employment) must comply with the Fair Work Ombudsman’s National Employment Standards, with pay and conditions that would be no less than those of local Australian permanent residents and citizens working in the role.

This includes salary consistent with local market salary rate. This could be demonstrated by providing at least two of:

• reference to an industrial award or enterprise agreement  you are being paid under, including the salary classification level  (note that the award rate would be the minimum expected salary. The actual market rate being paid to workers in the local industry may be higher).
• market salary survey data such as Hays Salary guides or SmartMatch
• advertisements from the last six months for equivalent positions in the same location (eg Seek, Indeed, CareerOne)
• remuneration surveys completed by a reputable organisation
• written advice from unions or employer associations.

Nomination will not be supported in any pathway where this is not demonstrated.

If using employment in a role equivalent to ANZSCO Skill Level 4 or 5 to meet minimum requirements you must have the relevant qualifications or experience as defined in ANZSCO. (Note that for the purposes of this program qualifications must be a minimum Certificate III, or at least 12 months experience).

For example, if working as a Retail Supervisor (ANZSCO 621511 – ANZSCO Skill Level 4), you must have an AQF Certificate III or at least one year of relevant experience.

Where ANZSCO does not list a qualification or experience for an occupation Migration Tasmania requires you to have a related AQF Certificate III qualification or one year of relevant Australian experience.

Where a priority attribute or Gateway question / response specifically refers to a qualification, experience cannot be used as a substitute.

Employment or business operation is not necessary to meet the minimum requirements for nomination. However, it will be used to assess an application against priority attributes where that employment is with a well-established Tasmania business.

Employment must average minimum 9 hours per week during study, 20 hours after completion of study.

Excluded employment or business operation will not be considered in relation to Priority Attributes.

Current employment with businesses substantially reliant upon the Tasmanian Skilled Migration State Nomination Program, is not a priority for Tasmanian nomination.

The key test to determine if employment is affected is whether or not the business or employment would continue if the Tasmanian Skilled Migration State Nomination Program ceased to operate.

While not excluding an applicant from nomination, current employment in those industries will not be considered in relation to priority attributes, except for those related to salary or pay rate.

In the absence of other higher priority attributes employment of this nature does not guarantee an invitation to apply for nomination.

To help demonstrate a genuine intention to settle in Tasmania, applicants who currently hold a Temporary Skill Shortage visa (subclass 482), and who have worked less than 12 months with their Tasmanian-based sponsoring employer must provide a letter of support from their current sponsoring employer stating that they:

• support your visa application, and
• understand that you will not be tied to their business once the subclass 491/subclass 190 visa is granted.

Employment related to  skills assessment

Where employment is required to be related to an applicant’s skills assessment to either meet minimum requirements or in relation to priority attributes, the role must be consistent with ANZSCO Skill Levels 1-3 and be in the same four-digit ANZSCO Group area as the skills assessment.

For example, a candidate with a skills assessment for Analyst Programmer (261311) could be working in any role listed as part of ANZSCO Group 2613 to be working in an area related to their skills assessment.

In cases where there is some overlap between lower (ANZSCO 4-5) and higher (ANSZSCO 1-3) roles there must be a substantial proportion of duties listed on your duty statement that are consistent with an ANZSCO occupation classified on ANZSCO as Skill Level 1, 2 or 3. For the Tasmanian Skilled Employment pathway, there should be at least a 70 per cent match between the duties of your role and the duties listed for the position on ANZSCO. For the Tasmanian Skilled Graduate and Tasmanian Established Resident pathways there is more flexibility; the match should be at least 40 per cent.

In-course work placements completed as part of a course of study are not recognised in relation to this requirement. Work placements of over 400 hours are recognised for an Orange priority attribute in the Tasmanian Skilled Graduate pathway.

Employment related to study

To claim gold, green, or orange plus priority attributes in relation to Tasmanian study, the course of study must be directly related.

Normally this would mean the individual units of study have a clear connection to the employment role.  For example, a Certificate III/IV in Building in Construction could only be claimed to be related to a skilled roof or floor tiler role if the course included individual units related to roof or floor tiling.

There is more flexibility in regard to claiming orange attributes for study related to employment. Roles within the same industry area are accepted.

Skilled role directly related to study

If you are claiming employment in a skilled role directly related to your Tasmanian study, one way this can be shown is by supplying a role description or relevant job advertisement demonstrating that the role requires the qualification you gained.

For example, if you have completed a Bachelor of Social Work or have a skills assessment as a Social Worker, your job advertisement or job description may state:

“A Bachelor of Social Work or a Diploma of Community Welfare Work or other tertiary qualifications at Diploma or above level which includes units of case management/casework practice and supervised practical work placements in relevant fields.”

Migration Tasmania would accept this employment as being directly related to your study.

Where employment or business is required to be in the same industry as the skills assessment or study area (but not directly related), this should be within a related Australian and New Zealand Standard Industrial Classification (ANZSIC) Division.

For example, an Accountant could be working in any industry group in Division K – Financial and Insurance Services, such as Banking, Financial Asset Investing or General Insurance. Employment may be at any ANZSCO skill level.

Where a Gold priority attribute states “Skills assessment and related employment included in Critical Roles list”, that employment must have been for at least the immediate three months prior to registering interest and must be ongoing at the time the candidate applies for nomination.

To claim gold, green or orange-plus attributes related to employment, the role must be skilled ANZSCO Skill Level 1, 2 or 3.

This means that it closely matches the description of an occupation classified in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) as being Skill Level 1, 2 or 3.

If your occupation is not listed in ANZSCO, your duties may be similar to another occupation that is listed.

If you cannot find a close match to your role, ANZSCO provides a general description of each skill level.

Considerations – Skills and qualifications, duties and pay

When evaluating a claim to be in ANZSCO Skill Level 1, 2 or 3 role, Migration Tasmania considers 3 main factors: the applicant’s skills and qualifications, the duties they undertake, and their pay rate. If these three factors do not align, Migration Tasmania may determine that the role is not skilled.

A pay rate above the current Temporary Skilled Migration Income Threshold (currently $73,150) can also be an indicator of skilled employment. However, even if paid at this rate or above we will consider this in conjunction with the other indicators mentioned in this section.

Pay or salary at or around the National Minimum Wage is not consistent with a skilled role and related employment cannot be claimed for gold, green or orange-plus attributes.

Migration Tasmania may also compare pay rates to those of other roles in the same industry and the pay those roles normally receive.

Example 1:

• A candidate has claimed in their Registration of Interest (ROI) for the Tasmanian Skilled Employment pathway that they are in an ANZSCO Skill Level 1-3 role as a Cook at a Tasmanian restaurant. Their letter of reference has stated that they perform the normal duties of a cook.
• The case officer reviews the duties and agrees that they are consistent with those of a fully qualified tradesperson-equivalent cook. However, the case officer also notes that the base pay rate of $25 per hour is the same that would be received by a kitchenhand, a role normally classified in ANZSCO as Skill Level 5. Migration Tasmania would be unlikely to have confidence that the role was either skilled or that the applicant is receiving appropriate pay and conditions.  

Example 2:

• A candidate has claimed in their ROI that they are a fully qualified Mechanic (with the relevant qualifications) at a Tasmanian repair shop. They have claimed they are in an ANZSCO Skill Level 1-3 role and their reference letter demonstrates they are undertaking the duties of a Mechanic.
• The case officer notes that the base pay rate of $26 per hour is the same that would be received by a Driveway Attendant, a role normally classified in ANZSCO as Skill Level 5. Migration Tasmania would be unlikely to have confidence that the role was either skilled or that the applicant is receiving appropriate pay and conditions.

The Fair Work Ombudsman provides free advice regarding appropriate pay rates and conditions.

What if my duties include both higher skilled and lower skilled elements?

In cases where there is some overlap between lower (ANZSCO 4-5) and higher (ANSZSCO 1-3) roles there must be a substantial proportion of duties listed on your duty statement that are consistent with an ANZSCO occupation classified as Skill Level 1, 2 or 3. For the Tasmanian Skilled Employment pathway, there should be at least a 70 per cent match between the duties of your role and the duties listed for the position on ANZSCO.

Example 1:

• A candidate is working as a Disability Support Worker. The closest ANZSCO occupation for that role would be 4231 Aged and Disabled Carers, which is Skill Level 4. Unless the duties the candidate undertakes substantially match another role that aligns with Skill Level 1, 2 or 3, they would not be able to claim priority attributes for skilled employment.

Example 2:

• An Assistant Accountant role would only be accepted for the Tasmanian Skilled Employment pathway if there was a 70 per cent match with the duties outlined on ANZSCO for Group 2211 Accountants. Roles that consist mainly of administrative support are unlikely to be accepted as skilled roles in this pathway.

For the Tasmanian Skilled Graduate and Tasmanian Established Resident pathways there is more flexibility; the match should be at least 40 per cent. This recognises the need for many recent graduates to obtain experience at entry level before being appointed to and paid at a fully skilled level. However, if the duties of your role align with those of a fully skilled and experienced worker, you are expected to receive pay at the appropriate level.

Example 1:

• A recent accounting graduate working as a junior accountant or accounts assistant may focus on tasks like data entry, reconciling bank statements, processing invoices, or assisting with payroll. These duties might align with 40–50% of the ANZSCO definition, as they are building foundational skills. Their role reflects an entry-level position, so a lower salary might be acceptable for nomination.
• An accountant performing duties like preparing detailed financial reports, advising on tax strategies, analysing financial risks, and managing budgets would have 70–100% alignment with the ANZSCO definition. Since their role corresponds to the expectations of a fully skilled professional, they would be unlikely to be approved for nomination unless they are paid at the level expected for a qualified accountant.

Example 2:

• A recent graduate working as a commis chef (entry-level chef) may primarily focus on food preparation, following recipes, and assisting senior chefs. Their duties might align with only 40–50% of the ANZSCO definition for a fully skilled chef, as they are still gaining experience. They are likely paid at a lower rate that reflects their entry-level status.
• A more experienced worker performing duties like supervising kitchen staff and ensuring compliance with health regulations would have 70–100% alignment with the ANZSCO classification. Since their role reflects the responsibilities of a fully skilled chef, they should be paid at the appropriate level for that classification.

Some priority attributes refer to your pay or salary. The Migration Tasmania Gateway may also ask you to provide this information.

You can only claim pay or salary from eligible employment or business operations. If your employment or business operation is on the list of excluded employment / businesses, or your employment is under 20 hours per week (9 hours for the Tasmanian Skilled Graduate pathway during study periods) you should choose “not applicable” as your response when lodging your ROI in the Application Gateway.

When Migration Tasmania evaluates ANZSCO Skill Level 1-3 roles, we consider that pay or salary at or around the National Minimum Wage is not consistent with a skilled role.

What should you include as your total pay?

For an annual salary amount you should include all your estimated earnings for the current financial year from your Tasmanian based employment before income tax deductions. It should reflect the annual salary amount in your employment contract.

It includes:

• wages
• payments while on leave
• penalties for weekends, public holidays, or work outside regular hours
• commissions
• amounts deducted in a salary packaging arrangement.

It does not include:

• mandatory employer superannuation contributions
• allowances
• bonuses (including sign-on bonus)
• overtime
• scholarships
• reimbursements.

Part-time work

If you work part-time, you should use the hourly rate shown in your contract or payslip. This should be the base hourly rate, not including overtime.

If you work multiple part-time jobs, you cannot combine the income. You should use the rate from the highest paying job.

Casual employment

If you are employed casually, you should use the base hourly rate before casual loading. This is the hourly rate before the 25 per cent casual loading is applied (in other words, it is your final hourly rate minus 25 per cent).

Migration Tasmania will only give weight to employment claims to meet minimum requirements or priority attributes if that employment is consistent with the definitions and exclusions this section. If your employment does not meet these requirements, choose the “none of the above”, “not applicable” or similar option from the checklist.

Business operators can claim income where they are drawing that income directly from the business. It must be the actual personal income you have drawn from the business, not total sales or turnover prior to expenses.

Applicants must provide supporting evidence, such as Australian Tax Office Notice of Assessments, payslips, payment summaries or a personal bank statement showing personal income.

If your evidence does not sufficiently support this claim, your application may be declined.

When you lodge your nomination application you will be asked to provide payslips and employment contracts to support your claim. The evidence must show that you earned the stated amount over at least the last 4 weeks. Business operators will need to show that the income from business matches the claimed salary amount. Your nomination application will be declined if you claim a higher estimate than your actual earnings.

A sole business owner cannot claim an employment relationship with their business. This includes where they have entered into a contract with the business, pay wages to themselves from the business and accrue leave and other entitlements. Sole owners in this situation can only claim business related priority attributes and should not claim employment in the Application Gateway.

Migration Tasmania defines a subcontractor as an individual or (in many cases) a business that signs a contract to perform part or all of the obligations of another's contract. Subcontracting arrangements can only be claimed as employment. For the Tasmanian Skilled Employment Pathway a candidate must have a related skilled assessment and 12 months business activity in Tasmania.

For all other pathways subcontracting employment will be recognised for priority attributes where there is at least two years prior experience (in Tasmania or elsewhere in Australia) as either an employee or subcontractor, or when the subcontractor has a related skills assessment.

In all cases there must be evidence of ongoing contracting agreements.

Where candidates do not have this experience the “not applicable” option should be selected for employment in the Application Gateway.

If claiming to have “evidence of job interviews with at least 2 well-established businesses that have been operating in Tasmania for at least 3 years for positions that are related to your skills assessment or Tasmanian study”, you must not currently be in skilled employment (ANZSCO Skill Level 1, 2 or 3).

If your employment is in a lower skilled role (ANZSCO Skill Level 4-5), you can claim this in your ROI if you have relevant job interview evidence.

Tasmania’s Skilled Migration State Nomination Program supports the Tasmanian economy and businesses. It is a selective program that prioritises skilled migrants who demonstrate skills that align with Tasmania’s long-term needs. Rather than being the primary means by which businesses can secure skilled migrants, the program complements other migration programs, including employer sponsored visa pathways.

To maximise the impact of the limited number of nomination places available, Migration Tasmania conducts due diligence checks during the assessment of applications. These checks focus on the genuineness of the nomination applicant’s employment. This includes that:

• the business is genuinely operating
• the employment is genuine and not contrived to achieve nomination
• that the applicant is receiving pay and conditions that would be received by local Australian citizens and permanent residents.

In selecting candidates for nomination, a primary consideration is ensuring the limited number of nomination places is used most effectively to support genuine and ongoing skills needs. Migration Tasmania will not automatically nominate or give weight to skilled employment claims where there are significant concerns that there is not a genuine and ongoing need for the skills of the candidate.

The following indicators of concern, if uncovered during application assessment, are prompts to consider deeper checks or seek further information from the applicant or employing business. While none of these factors on their own would lead to a determination that a business is not genuinely operating or the claims made in the application are false, all available information will be weighed up and a determination made on the balance of information. This may lead to a decision to decline nomination.

When making a determination, the key consideration is the risk of creating the perception that false claims can be made to obtain Tasmanian nomination without detection or subsequent action. Where this involves a local business, lack of action could encourage further fraudulent activity from the business, other local businesses as well as exploitation of temporary visa holders seeking permanent residence. Evidence used to support conclusions that a business is not genuinely operating must be robust and reliable.

The following factors are drawn from evidence in assessment of applications since 2018. These are not exhaustive and other factors may be considered where relevant during the assessment process.

Indicators of concern:

• The business does not appear to be a “well-established business”, that is, a business actively operating in Tasmania with a combination of the following characteristics:
  • a minimum of 12 months operation in Tasmania
  • permanent business signage
  • active/ongoing online presence, advertising and marketing
  • a Tasmanian address as a registered business location
  • a local landline contact number
  • an ongoing office space (not a residential address) that is not ‘casual’ or ‘virtual’ (including corporate/co-shared offices)
  • permanent representation of employees at the stated business location.
• The business has a heavy reliance on temporary visa holders for its workforce.
• Lack of evidence of local recruitment activity in publicly available formats (e.g. Seek, Indeed, recruitment agencies).
• Sole reliance on social media to recruit, especially if targeting specific community groups.
• The business has a close association with a migration or education agency, including colocation of offices.
• Multiple employees seeking Tasmanian nomination annually over several years.
• High staff turnover, particularly among those who previously sought Tasmanian nomination.
• Poorly constructed or unfinished business websites.
• Lack of related migration skills assessment despite extensive experience / training relevant to their skilled role.
• There are inconsistencies between payslips provided with application and evidence of salary deposited into bank statements.

Mitigating factors:

• Known, demonstrated and documented history of genuine business operation.
• Prior, positive interactions between Migration Tasmania and the business.
• History of positive interactions between the business and other areas of Department of State Growth.