Intellectual Property Lawyer – ANZSCO 271214
- Intellectual Property Lawyers provide legal advice, prepare and draft legal documents, and conducts negotiations on behalf of clients on matters associated with protecting intellectual capital, utilising patent law, copyright law and licensing.
- Skill Level
- 1
- Specialisations
-
- Patent Attorney
- Trade Mark Attorney
Skills Assessment Requirement
Unless you are exempt in very limited circumstances, you are required to have a positive Skills Assessment to apply for the visas listed above.
Skills Assessment authority for Intellectual Property Lawyer is Vocational & Education Training Assessment (VETASSESS). To have a positive skills assessment, you must meet the following criteria:
- Qualification assessed at Australian Bachelor degree or higher in a highly relevant field of study AND at least one year of post-qualification highly relevant employment at an appropriate skill level in the last five years
- Applicants must meet both the qualification and employment requirements to obtain a positive skills assessment
Potential Visa Pathways for Intellectual Property Lawyer
| ANZSCO | Occupation | Skills Assessment | 189 | 190 | 485 | 491 (State) | 491 (Family) | 186 (Direct) | 407 (Training) | 494 (regional Sponsored) | 482 (TSS Medium Term) |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 271214 | Intellectual Property Lawyer | VETASSESS | x | √ | x | √ | x | x | √ | √ | √ |
Group: 2712 Judicial and Other Legal Professionals
- Description
- Hear legal and other matters in courts and tribunals; interpret, analyse, administer and provide advice on the law; and draft legislation.
- Tasks
-
- Researching statutes and previous court decisions relevant to cases
- Conducting trials and hearings
- Calling and questioning witnesses
- Hearing and evaluating arguments and evidence in civil and criminal summary matters
- Deciding penalties and sentences within statutory limits, such as fines, bonds and detention, awarding damages in civil matters, and issuing court orders
- Exercising arbitral powers if resolution is not achieved or seems improbable through conciliation
- Preparing settlement memoranda and obtaining signatures of parties
- Advising government of legal, constitutional and parliamentary matters and drafting bills and attending committee meetings during consideration of bills
- Preparing advice on matters associated with intellectual property rights
- Advising clients and agents on legal and technical matters
- Skill Level
- In Australia and New Zealand:
Most occupations in this unit group have a level of skill commensurate with a bachelor’s degree or higher qualification and at least five years of relevant experience (ANZSCO Skill Level 1). This occupation requires registration or licensing.
- Occupations in this Group
-
- 271211 Judge
- 271212 Magistrate
- 271213 Tribunal Member
- 271214 Intellectual Property Lawyer
- 271299 Judicial and Other Legal Professionals nec
How to calculate your points (skilled visas)
To apply for a skilled visa, you need to know how many points you can score. The minimum score to be eligible for application is 65 points. However, depending on your occupation, the competitiveness, and the states you are applying to, you might need to score more points to get an invite.
Points will be given to you based on the following:
- Age
- Educational Qualifications
- Points for Professional Year
- Points for NAATI- Credentialled Community Language
- Points for 2 Year Study
- Points for English
- Points for Regional Study
- Points for Work Experience
- Points for Specialist Educational Qualifications (STEM)
- Points for Partner
Click here to calculate your points.
Subclass 190 visa– Skilled Nominated Visa & Subclass 491 visa – Skilled Work Regional (Provisional) Visa
To apply for visa subclass 190 and visa subclass 491, you need to have a nomination from the state/territory government where you want to live and work. Each State and Territory have individual requirements that must be met in order to receive nomination. (See below)
While the 190 visa is a permanent visa, subclass 491 visa gives you right to live and work in regional Australia for 5 years with a pathway to permanent residency through the subclass 191 visa.
Another difference between the 190 and 491 visa is that you can only apply for visa subclass 491 if you are living and working in regional areas in Australia, while it is not a requirement if you are applying for the 190 visa.
In summary, to be eligible for 190 visa, you need to meet the following criteria:
Immigration Points
Must score at least 65 points, or higher points if the state or territory requires.
English
Must have at least Competent English, i.e., IELTS 6.0 or equivalent, or higher if the state or territory requires.
Age
Must be under 45 years of age.
be invited
Must lodge an EOI and be invited by the state or territory and then apply for the visa.
Skills assessment
Must have positive skills assessment. Each occupation has a specific assessing authority.
HEALTH AND CHARACTER
Must meet health and character requirements.
To check if the state/ territory government requirements for your occupation, refer to the following links
State/ Territory |
Links to requirements |
| New South Wales |
|
| Victoria | |
| South Australia | |
| Western Australia | |
| Northern Territory | |
| Australian Capital Territory (ACT) | |
| Tasmania | |
| Queensland |
407 Training Visa
The 407 visa a short stay visa for individuals to participate in occupational training or professional development in Australia. This visa is generally valid to stay in Australia for 2 years. Please note this visa is subject to condition 8102 which forbids work apart from the training that is specified in the visa application. You are also required to maintain health insurance whilst in Australia.
To be eligible for visa 407, you need to meet the following criteria:
GTE
You must prove that you genuinely stay in Australia for training and will depart when you complete the training.
English Level
Must have Functional English, i.e. IELTS overall 4.5 with no band less than 4, or equivalent.
Age
Must be over 18 years old.
Be Sponsored
You must be sponsored by an approved temporary activities sponsor – Can be an employer or a commonwealth agency
HEALTH INSURANCE
Must hold valid private health insurance.
Health and Character
Must meet health and character requirements.
Subclass 494 visa – Skilled Sponsored Regional (Provisional) visa
You can apply for subclass 494 if you have a regional employer who is willing to sponsor you. To be eligible for this visa, you must have at least 3 years of working experience in your nominated occupation and have a relevant skills assessment. With this visa, there is a requirement that you must work for the employer who is sponsoring you.
This visa provides pathway to permanent residency through the 191 visa.
Experience
At least 3 years full-time work experience in the nominated occupation.
English
Must have at least Competent English, i.e., IELTS 6.0 or equivalent.
Be Sponsored
Must be sponsored by an Australian regional employer.
Skills assessment
Must have a positive skills assessment.
Location
Must live and work in regional areas in Australia.
Subclass 482 visa – Temporary Skill Shortage (Medium Term) visa
The Subclass 482 visa is a Temporary Skill Shortage visa that requires a sponsorship from an Australian employer. This visa allows to your live and work in Australia for up to 4 years. You may apply for as many 482 visas as you want, as long as the employer is willing to sponsor you.
Experience
At least 2 years work experience in the nominated occupation.
English Level
Must have IELTS overall of atleast 5.0 with no band less than 5.0.
Age
There is no age requirement for this visa.
Be Sponsored
Must be sponsored by an Australian employer.
Skills assessment
Generally not required unless on this list.
Health and Character
Must meet health and character requirements.
Important
Please note that according to the Department of Home Affairs, caveats apply to this visa type. Subclass 482 visa is only granted to Intellectual Property Lawyers who have an employer located in a regional area of Australia.
Job Outlook
Book a consultation with our Registered Migration Agents in Melbourne to find out more about your visa options and your path to Australian permanent residency or applying for citizenship.
