One of the criteria of 186 visa is that the applicant must hold a license or registration if it is mandatory for the nominated occupation. The question that we often come across is whether it is mandatory to register or obtain the license for a particular occupation.
In this article, we will explore in deep how to determine whether your occupation requires mandatory license or registration to meet this criterion of the visa.
Mandatory registrations and licensing
If, in order for a person to work in an occupation where registration, licensing or professional membership is mandatory in the State/Territory in which the position is located, the applicant must hold, or be eligible to hold, the relevant registration, licence or membership, at the time of application.
The definition of ‘mandatory’
Registration, licensing or professional membership:
- is considered mandatory for visa purposes only if every person working in that occupation is required to have some form of registration, licensing or professional membership
- is not considered mandatory if a person can perform work in the occupation without registration or similar, even if the work has to be performed under supervision.
If, for visa purposes, registration, licensing or professional membership is mandatory (as described above), the registration, licensing or professional membership held must not impose further requirements or limit the ability of the person to perform the full range of tasks and the person must not require further training or on-the-job supervision:
- an applicant with conditional or provisional registration, licensing or professional membership that requires them to undergo additional safety or occupational training or to work in supervised workshops does not satisfy this requirement but
- continuing professional development requirements of fully registered or licensed applicants are acceptable, however, and such applicants satisfy the requirement.
How to determine whether a license/ registration is mandatory for your occupation?
There is no single definitive source that covers registration, licensing or membership requirements across occupations identified within the ANZSCO framework. This is partly because registration and licensing requirements are generally managed at State/Territory level through industry or occupation specific legislation.
The starting point in assessing whether a particular occupation requires licensing, registration or specific membership is the ANZSCO dictionary. The dictionary refers to registration, licensing and professional membership requirements at the Unit Group level for each group of occupations. The procedure can be summarized as below
Eligibility to be registered, licensed or hold professional membership
An applicant is ‘eligible for registration, licensing or membership’ when they have been fully assessed and their eligibility to hold the registration, licence or professional membership has been confirmed by the relevant body.
There are two elements to the above and their distinction is important for those who hold ‘Provisional Registration’ but require ‘General Registration’ in order to be fully registered, licensed, or hold professional membership:
- ‘Fully assessed’ requires that all the requisite assessment items as set by the relevant body have been satisfactorily completed.
- The second element requires that, on the basis of the above assessment items, ‘the relevant body has confirmed their eligibility to hold the registration, licence or professional membership’. That is, the application for registration, supported by the relevant assessment items, must have been successful and the relevant industry body must have actually upgraded the applicant’s provisional registration to full or general registration/license/membership.
Common occupations that need registration or a licence
The list below is a general guide only. Requirements depend on the state or territory where the job is located and on the duties of the position, so always check with the relevant body.
| Occupation group | Who registers or licenses you | What to check |
|---|---|---|
| Doctors, nurses, midwives, physiotherapists, psychologists, pharmacists, dentists and other regulated health professions | National registration through Ahpra and the relevant National Board | You need general (full) registration if your role requires it. Limited or provisional registration with supervision conditions may not meet the requirement. |
| School teachers and early childhood teachers | The teacher regulatory authority in the state or territory where you will work | Each state has its own registration. Provisional teacher registration can be treated differently from full registration, so check your status before you apply. |
| Electricians | The electrical licensing authority in that state or territory | You usually need an Australian electrical licence before you can work unsupervised. Overseas qualifications may need an Offshore Technical Skills Record or a gap training pathway first. |
| Plumbers, gasfitters, drainers and some building trades | State or territory plumbing and building regulators | Licence classes and supervision rules differ between states. Make sure your licence covers the full scope of the nominated position. |
| Engineers | Registration schemes such as RPEQ in Queensland and registration for some engineering areas in Victoria | Registration is mandatory only where state law requires it for the work you will do. Membership of Engineers Australia alone is not a licence. |
| Lawyers, accountants and other professionals | Admission bodies, professional associations or regulators | Some roles need a practising certificate (for example, solicitors), while others only need membership if the employer or the law requires it. |
How to prepare your 186 application
- Look up your occupation (and its duties) in our occupation search and check the registration and licensing notes for the unit group.
- Contact the registration or licensing body in the state or territory where the job is located and confirm whether every person doing this work must hold registration, a licence or membership.
- If it is mandatory, apply early. Registration can take several months, especially if you need bridging study, exams or supervised practice first.
- Keep evidence: your registration certificate, licence card or a letter confirming your full eligibility, plus any conditions on it.
- Check the other 186 visa criteria at the same time, including skills and English, and the 186 checklist.
Licensing and registration FAQs
When do I need to hold the licence or registration for a 186 visa?
You must hold, or be eligible to hold, any mandatory registration, licence or membership when you apply. Being eligible means the relevant body has fully assessed you and confirmed you can hold it, not just that you have started the process.
Is a skills assessment the same as registration?
No. A skills assessment shows your skills are suitable for the occupation for migration purposes. Registration or licensing is a separate legal requirement to work in the occupation in that state or territory. You may need both.
Is provisional or conditional registration enough?
Usually not, if it requires supervision, further training or limits the tasks you can perform. Continuing professional development requirements for fully registered people are acceptable.
Does the same rule apply to 482 and 494 visas?
Yes, the employer sponsored visas have similar licensing and registration requirements. See our guide to licensing requirements for the 482 visa.
What if registration is only needed in some states?
The test is based on the state or territory where the position is located. If the job is in a state where registration is not mandatory for that work, the requirement may not apply, but your employer may still require it.
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