Immigration Has Recommenced but Skilled Worker Visa Issues Remain
As Australia’s skills shortage is again being filled by migrant workers, the Australian Government’s visa requirements remain problematic for new arrivals. The “points system” remains unchanged after two years of immigration freezes seeing immigration go back to the “old pay to play” system. It’s not just our controversial approach to refugee visas or the legal challenges of a family and partner visa, our barriers to skilled migration remain a major problem for Australian business. In 2023, 87% of regional and remote business operators, including the mining sector, still report difficulties in staffing, despite the borders reopening.
The problems with Skilled Worker Visas
Australian business needs workers. The Australian Visa application process not only deters skilled workers from applying but allows low quality workers a “back door” to entry. The skilled worker visa, and particularly the labor shortage subclass 482, requires applicants to meet a list of criteria based on a points system.
An applicant might have skills in an area where Australia’s in need, be in excellent health, have adequate English abilities but still fail to meet the points system criteria. To “make up the difference” skilled workers can undertake study via an Australian Registered Training Organisation. Generally Australian Registered Training Organisations are well accredited and audited. Choosing a legitimate and high quality RTO is simple, if you’re Australian and familiar with Australian qualification quality frameworks. If you speak English as a second language and have no experience with Australian regulations, you may, like many New Australians, find the whole process confusing and fraught with financial risk.
Highly skilled potential employees complain that some Australian RTOs provide sub-standard study options at highly inflated prices, rendering it a “Pay to Play” situation. This also means that lower skilled, less useful workers can gain entry to Australia with employers unable to determine legitimate applicants from “pay to play” applicants.
Low quality, high-cost skills certification
Liem is a Vietnamese engineer. After failing to secure a sponsored visa, he undertook post graduate study in Project Management through an Australian RTO to make up the points requirement for a working visa. He describes the coursework as “an actual joke”. The course was delivered through online video based modules that not only failed to deliver adequate information, but often failed to load. Liem’s complaints were not answered and despite feeling as though he’d not completed the course adequately, he was awarded his Graduate Diploma in Project Management.
In Liem’s case, the points system not only delayed his migration to Australia and wasted money he could have spent here, it awarded him a “sham” qualification. While Liem has in-demand skills “on paper” these documents may be misleading to prospective employers.
Registered Training Organisations and RPL
Ada, a 26 year old Polish national entered Australia as a human services support worker. Despite her perfect health, near native level English ability, a qualification from the Polish equivalent of TAFE and six years’ experience in the industry, Ada was required to undertake formal studies to “make up the points”. Ada paid a crippling $AU26,000 for a certificate 3 level course (and migration fees) despite her willingness to work in Australia’s regions, where the industry faces dire staff shortages.
In Australia, Registered Training Organisations (RTOs) are authorised not only to award certificate, diploma and advanced diploma level qualifications, they’re authorised to recognise prior learning as a means of fast tracking qualifications. Ada’s RTO had a responsibility to assist her in receiving subject credits but instead opted to charge her for the full course. Recognition of Prior Learning may also be used by unethical RTOs to fast track visa applications with poor or unverified documentation.
“All RTOs have a duty to provide high quality education. That means quality support, quality learning materials and value for money. We abide by strict RPL guidelines to make sure the student adheres to the quality rules, but doesn’t overpay for their certification. This industry, unfortunately, is open to manipulation by unethical providers and their partners,” said a spokesman for Skills Recognition International, an Australian RTO.
What is working for workers and business?
The RTO system works perfectly under a few key conditions:
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The worker hails from a country with lower regulatory practices than Australia so additional training is needed to meet Australian standards
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The RTO adheres to strict ethical practices when delivering courses for migrant workers.
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The RTO applies Recognition of Prior Learning ethically and thoroughly checks evidence of prior experience and qualifications.
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The primary focus of any course of study should be to attain knowledge in a particular area. Students should graduate with workplace ready skills, not just a certificate.
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Course pricing must be fair and visa applicable qualifications must be accessible to skilled workers from all nations, not just those with equivalent currencies to Australia. After all AU$26,000 for a short course is more than some workers make in a lifetime.
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The RTO must face strict governance and comply with all legal requirements. Students must have a mechanism for complaint, first to the RTO and beyond that to a well-funded, responsive regulatory body.
