Terms and Conditions

It is important to note that the WA Government's State nominated migration program (SNMP) has particular obligations and other conditions that are important for any prospective migrant to be aware of.

Please read the following terms and conditions very carefully, so you are fully informed of the key aspects of WA's SNMP and its related obligations.

WA State nomination obligation

Receiving WA State nomination means you commit to living and working in WA for the first two years of arriving in WA, or upon a successful visa grant (if currently residing in WA).

In addition, you agree to:

• advise Migration Services of your visa application outcome from the Department of Home Affairs, and if approved, and you are living outside Western Australia, your migration plans and expected arrival date into Western Australia;

• register your contact details with Migration Services within 28 days of your arrival (or of your visa grant if you are already living in Western Australia);

• keep Migration Services informed of your contact details prior to arriving in Western Australia and while living in Western Australia for a period of two years;

• complete registration and settlement surveys upon request for two years;

• the Western Australian Government contacting you in relation to your nomination at any stage during your visa period; and

• notify Migration Services if there are any changes to your original proposal.

Employment in WA

The State's nomination process (either for an invitation to apply or for an actual nomination) is not a guarantee of employment and you understand that the WA State Government is not responsible for securing you or any of your family member's employment in WA. It is also important to note that occupations on the State's own skilled migration occupation lists are not for specific employment vacancies, and are subject to change.

The conditions for some occupations in particular industries or sectors can sometimes be quite variable, and at times change quickly.

With this in mind, prospective migrants are strongly encouraged to do their own research into the employment market conditions and future career prospects in WA, for their particular occupation and field of expertise.

To help connect skilled migrants with the WA workforce, the State Government has established the Skilled Migrant Employment Register, a free initiative supporting employers and skilled migrants to connect and to build the WA workforce. For more information visit the Skilled migrant employment register page.

As part of your application for WA State nomination you understand and acknowledge that:

• WA's labour market conditions may vary significantly as the employment market fluctuates at different times of the year and from year to year;
• you have researched relevant employment opportunities in WA and are satisfied there are sufficient employment / career opportunities in your nominated occupation in WA;
• you need to be realistic about employment expectations as it can take some time to secure employment;
• you understand that you will compete for employment vacancies with all people in the labour market as part of the normal selection process; and
• while there is no State requirement to demonstrate settlement funds, you are strongly encouraged to have sufficient funds to settle and establish yourself and any accompanying family – this is particularly important given that in Australia, there are certain waiting periods that new migrants have to meet before they are able to claim employment supports and other welfare payments. For more information please visit the Services Australian website(opens in a new tab).

Occupational licensing/registration

If your occupation requires you to be registered or licensed to be able to work in WA, you understand that a positive skills assessment and State nomination does not guarantee that you will also meet the licensing and/or registration requirements applicable to your occupation, and that you will need to verify your suitability with the relevant licensing and registration authority.

For example, to work as a health practitioner in Australia you need to apply for and be registered with the relevant National Board, and many trades such as electricians, refrigeration mechanics and plumbers also require licensing.

The costs and processes for various occupational licensing and/or registration can be quite variable depending on a number of factors, and so it is strongly encouraged that you understand, and where possible, verify your own suitability for any of these occupational specific requirements prior to applying for a visa/arriving in WA.

For more broad information please visit the Getting your skills recognised section. For specific information on registration requirements for the health sector please visit the Australian Health Practitioner Regulation Agency AHPRA website.(opens in a new tab)

Please note these links are not comprehensive guides to all registration, licensing, professional membership and other industry requirements for all of the occupations that are eligible for WA's State nomination migration program, so it is up to you to do your own thorough research for what your occupation may require.

False and misleading information

If you provide false or misleading information as part of your State nomination application, your application may be declined. False and misleading information may also be reported to the Commonwealth Department of Home Affairs who can conduct their own investigation.

We conduct verification checks on the documents you provide. This includes contacting employers and institutions directly to confirm whether the documents are genuine.

If you are aware of instances, or yourself are pressured to submit an application with false and misleading information, we encourage you to report this to the Department of Home Affairs.

Renomination

We do not provide renomination in the following instances:

• where you do not submit your visa application within 60 days; or
• if the details of your expression of interest were incorrect when we nominated you in SkillSelect, including points claimed by you or your agent; or
• if your English test or skills assessment has expired.

If an applicant has been nominated for any skilled subclass (either 190 or 491), they cannot be nominated again in the same program year.

WA Migration Services may consider re-inviting applicants for WA State nomination in exceptional circumstances.

Application fee

Payments

Payments are accepted through MasterCard and Visa only, through the applicable online application form.

Applications lodged for WA State nomination will automatically be progressed by the system once the payment process has been completed.

Skilled migrants

Terms and conditions

The Skilled Migrant Employment Register is an initiative designed to support WA employers to connect with skilled migrants to build their workforce. 

Skilled migrants looking to permanently migrate to WA, have the opportunity to contribute to the WA economy, and fill positions where no WA workers are available.

Registration conditions

• Registrations must be submitted via the Connect with the WA workforce registration form(opens in a new tab).
• Registrations that are deemed not to align with the purpose of the program will not be progressed.
• Migration Services reserves the right to amend or withdraw registrations at any time.
• Skilled migrants who are reported as not contactable more than twice, will be removed from the register.
• Registrations do not guarantee an offer of employment.

Visa related employment conditions

Your visa may limit the type of work you can do in Australia. Some visas have rules about how many hours you can work (for example, international students), or what job you can do (for example; a seasonal worker).

It's important to know the rules for your visa. Visa holders can use Visa Entitlement Verification Online (VEVO)(opens in a new tab) to check current visa details and conditions or contact the Department of Home Affairs(opens in a new tab) for more help.

Employers

Terms and conditions

The Skilled Migrant Employment Register is an initiative designed to support WA employers to connect with skilled migrants to build their workforce. 

Details such as the preferred occupation, current location and employment intention of skilled migrants will be published on the Skilled Migrant Employment Register. Employers can review the register and send an enquiry to Migration Services when they find a skilled migrant that they would like to connect with.

Registration conditions

• Employers who wish to connect with a skilled migrant must first complete the Connect with a skilled migrant registration form(opens in a new tab).
• Employers must also submit an enquiry to Migration Services via jobconnect@dtwd.wa.gov.au, quoting the unique identifier (eg; MS001) of the skilled migrant/s they wish to connect with.
• All enquiries relating to the Skilled Migrant Employer Register must be made via jobconnect@dtwd.wa.gov.au.
• Details of skilled migrants listed on the Skilled Migrant Employment Register have not been substantiated by Migration Services. 

1. SKILLED MIGRANT JOB CONNECT SUBSIDY PROGRAM

The Skilled Migrant Job Connect Subsidy Program (SMJCSP) provides financial assistance of up to $7,500 to skilled migrants to access approved services (refer to 2.3 Approved services) that is, training, licensing and registration services to enable them to gain employment in an occupation commensurate with their formal overseas qualifications, skills and experience.

The program responds to the outcomes of the Perth Skills Summit and Regional Skills Summits held around the State in 2021.

The aim of the SMJCSP is to support skilled migrants to help meet the cost of training, licensing and registration so they can gain employment in Western Australia in line with their qualifications, skills and experience gained overseas.

By applying for financial assistance provided through the SMJCSP, the claimant agrees to comply with the Terms and Conditions.  The Terms and Conditions, together with any other documents having contractual force, shall constitute and be known as “this Agreement”.  Please note that terms used in one document and defined in another shall have the meanings ascribed to them in that other document.

The Department of Training and Workforce Development ("the Department") administers the SMJCSP.

2. ELIGIBILITY FOR THE SUBSIDY PROGRAM

2.1    Eligibility criteria

Migrants eligible to access the SMJCSP are those who demonstrate and provide supporting evidence and documents against the following criteria:

• have registered and been approved or re-validated as a Job Connect claimant in the past six months;
• be onshore and residing in Western Australia;
• have arrived in Western Australia within the last 10 years;
• currently hold a valid visa with working rights;
• have either recently gained employment in Western Australia that requires one or more of the approved licensing, registration or working checks services, or is actively seeking employment in Western Australia that requires one or more of the approved licensing, registration or working checks services to obtain employment; and
• meet one of the following conditions:

• either (a) not working or (b )working in an occupation at a lower skill level than the occupation commensurate with their formal overseas qualifications, skills and experience; or
• required to undertake a skills assessment and/or meet occupational licencing and registration requirements to enable access to employment opportunities.

For examples of suitable evidence see Step 2 - Prepare your supporting evidence and document.

Migrants not eligible to access the SMJCSP are those who are:

• currently employed in an occupation commensurate with their formal overseas qualifications, skills and experience;
• currently employed in an occupation at a skill level equivalent or higher than the occupation commensurate with their formal overseas qualifications, skills and experience;
• upskilling; and/or
• receiving funding or financial assistance for the same purposes from another government program or entity.

2.2    Eligibility period

Eligibility to access the SMJCSP is valid for six months from the date approved as a Job Connect claimant.

To continue to access the program beyond six months, a migrant must be re-validated as a Job Connect claimant. 

2.3    Approved services

Approved services are defined as: 

• licensing, registration or working checks;
• skills assessments for employment purposes delivered by the relevant authorised service provider;
• skills assessments for migration and employment purposes for licensed trades only: (air-conditioning and refrigeration mechanic; Electrician (General), Electrician (special class) and Plumber (General); and
• migrant gap training for licensed trades only;
• fees for recognition of prior learning, where no formal Australian qualification has been previously obtained.

Skills assessments for migration purposes are not considered an approved service, unless they are for licenced trades as listed above. 

You can find a list Approved licensing, registration or working checks services and Skills Assessing Authorities under the Eligibility requirements and approved services section. Note that additional services will be considered where it is demonstrated it is an occupational pre-requisite for employment in an occupation.

Services not approved for the SMJCSP are:

• renewal of licensing and registration for workers already working in an occupation commensurate with their formal overseas qualifications, skills and experience;
• upskilling or reskilling of existing workers to retain licensing and registration for existing work;
• services obtained through the Commonwealth Department of Employment and Workplace Relations Skills Assessment pilots; and/or services obtained where payment for the approved service was funded by an employer or other third party, which is not the approved Job Connect claimant.

2.4    Claim period

An approved Job Connect claimant can claim reimbursement once for each type of approved service in a 12 month period.

In instances where the approved service has an expiry date, and the claimant is yet to obtain employment in Western Australia in line with their qualifications, skills and experience gained overseas, a second claim for an approved service may be considered.

2.5    Eligible dates for approved services

Claims will not be accepted where an approved service was either fully or partially received/delivered prior to 1 January 2023.

2.6    Maximum claim

The maximum claim amount is $7,500 for any one approved Job Connect claimant for the duration of the program. 

In exceptional circumstances, claims that exceed $7,500 may be considered where the claimant demonstrates the service is required to gain employment in an occupation and the claimant has an employment contract for at least 12 months, subject to successful training, licencing or registration, in the relevant occupation. In such cases, claimants must submit a detailed justification request, which the Department will review and approve or reject based on the provided information. 

3. APPLICATION PROCESS

3.1    Application submission

To submit a claim eligible migrants must register and be approved as a Job Connect claimant and must apply for the SMJCSP using the online form available on the WA Migration website.

An approved registration does not guarantee a claim will be approved.

An approved Job Connect claimant will be permitted to lodge multiple claims for different approved services.

3.2    Documentation and verification

An application must be deemed ‘lodged’ for the assessment to commence.  Applications that are partially complete will not be deemed as ‘lodged’ and will not be assessed.

The migrant, in lodging an application, warrants and represents to the Department that all information and representations (in whatever form) given to the Department under, as part of or in connection to the SMJCSP or the application are true and correct, complete and up-to-date, and in no way misleading or deceptive.

Applications will be assessed in accordance with the Terms and Conditions. 

Further information and/or supporting evidence may be requested from the claimant to make a decision to approve or decline a claim. The onus is on the claimant to ensure a complete and accurate application with supporting documents is lodged.  The Department is not obligated to request further information. 

4. PAYMENT OF SUBSIDY

The Job Connect claimant must provide Australian bank details to allow for payment of an approved subsidy/ies being claimed.

5. DEBT MANAGEMENT

Where a payment has been made to an ineligible recipient, the Department will require recovery of the monies.

Repayment will be required where:

• the approved Job Connect claimant makes a non-genuine claim;
• there is no lawful basis for, or entitlement to, the Subsidy Payment; or
• the approved Job Connect claimant has provided to the Department incorrect, misleading or deceptive information under or in connection with SMJCSP; or
• the approved Job Connect claimant has withheld relevant information from the Department; or
• the approved service was not provided; or
• the approved Job Connect claimant has breached this Agreement; or any legal or equitable rule or requirement; or
• where the payment was made to the Job Connect claimant ‘s bank account in error.

Where repayment is required, the Job Connect claimant agrees to promptly repay the Department any Subsidy Payment or other payment credited to the applicant or service provider within 30 days of the invoice date from the Department.

6. COLLECTION OF PERSONAL INFORMATION

6.1    Use of personal information

The Department may collect, make or record, or otherwise use personal information for the purposes of administering the SMJCSP.  Personal information may be disclosed to third parties for the purposes of administering and carrying out functions relating to the SMJCSP.

6.2    Disclosure of personal information

Personal information may be disclosed to and sought from third parties for the purposes of administering and carrying out functions relating to the SMJCSP.  Third parties include, but are not limited to Australian Government departments and agencies.

6.3    Management of personal information

Personal information collected under the management and administration of the SMJCSP will be managed in accordance with the State Records Act 2000 and the Freedom of Information Act 1992 (the FOI Act).

This legislation provides individuals with protections to prevent the misuse of personal information.  In addition, if an individual has a complaint about the storing or use of their personal information, they are able to contact the WA Information Commissioner.

Under the FOI Act, an Information Commissioner has been appointed to:

• deal with complaints about decisions made by government agencies; and
• investigate possible interference with personal information, either following a complaint by the individual or of the Commissioner’s own initiative.

Further information about the role of the Information Commissioner can be found at oic.wa.gov.au.

6.4    Consent to use personal information

By submitting an application for the SMJCSP, the claimant consents to the collection, use, and disclosure of their personal information as outlined in these Terms and Conditions.

7. REVIEW OF DECISIONS

7.1    Overview

The Department is committed to procedural fairness in the administration of the SMJCSP.  It is intended that all decisions are consistent, equitable and transparent within the limits and constraints of the SMJCSP.

In the interests of procedural fairness, a claimant has a right to request a review of a decision made by the Department.  This will usually be in relation to eligibility for a claim.

7.2    Process for review of decisions

The process for the review of decisions is as follows:

• A written request for a review should be made directly to the Department. You can find a 'Request a review form' under the Requesting a review tab on the WA Migration website. Email the completed form to jobconnect@dtwd.wa.gov.au.  The request should outline the reasons the claimant considers the decision to be incorrect or unfair;
• The review will be conducted by the Manager Migration Services, or another Officer independent of the original decision maker;
• Upon review, the Department will re-examine the original decision taking into account the intent of the program, the reasons that the claimant has put forward for review of the decision; and
• The Department will only review on a fully open and transparent basis.  Accordingly, all relevant information must promptly be forthcoming from the claimant

7.3    Notification of outcome

The Department will notify the claimant of the review decision, in writing, within 28 business days of the review being requested.

The review decision will be provided in writing and include a clear explanation of the reason(s) for the review decision.

The Department will consider declarations and supporting documentation in an endeavour to review a decision to ensure that the best possible outcome is achieved, balancing the rights of the claimant with prudent use of public monies.

When considering a request for review of the decision the following may be considered:

• Would the claimant be eligible for the payment if it were not for the exceptional circumstance(s)?  This determines the basic eligibility for the payment(s) in dispute.
• Is the exceptional circumstance(s) out of the control of the claimant?  If yes, then exceptional circumstances may apply.
• Could the claimant have reasonably been expected to do more at the time of claiming, to ensure that the claim was considered favourably? If not, then exceptional circumstances may apply.
• Did the Department provide appropriate advice, information and service to enable the claimant to lodge the claim within the appropriate timeframe?  If not, the exceptional circumstances may apply.
• Has the claim been disrupted by unexpected or unplanned events that have impacted on the ability to provide supporting evidence or take necessary actions within the required time limits?  If yes, the exceptional circumstances may apply.
• Exceptional circumstances are circumstances that are unusual, uncommon, unexpected or unplanned.

7.4    Time limit for review request

• A request for review of a decision must be made within 14 calendar days from the date the claimant receives written notification of the initial decision.

8. DISCLAIMER INDEMNITY AND WARRANTY

A continuing obligation throughout any period of participation in the SMJCSP is that each claimant hereby declares and warrants to the Department and the State, and all their respective offices, employees and agents, that they have read, understood and accept these Terms and Conditions and that they have been truthful, and forthcoming with all relevant information, in respect to their application/s to participate in the SMJCSP.

8.1   Liability limitation

To the maximum extent permitted by law, the Department, the State Government, and their respective officers, employees, and agents, disclaim any liability for any direct, indirect, incidental, or consequential damages or losses suffered by any applicant or third party in connection with the SMJCSP, whether based on warranty, contract, tort, (including negligence) or any other legal theory.

9. CHANGES TO THE SKILLED MIGRANT SUBSIDY PROGRAM

The Department reserves the right to:

• vary these Terms and Conditions, the eligibility criteria or any other documented rule or procedure at any time;
• accept or reject any application for participation in the SMJCSP in its absolute discretion; and
• cease the SMJCSP at any time should State Government policy change or the budget allocation for the SMJCSP be exhausted or re-prioritised.

The Department will however, honour arrangements for applicants/claims that have commenced prior to these changes coming into effect.

10. AUDITS

The SMJCSP as administered by the Department is subject to audit by the Western Australian Auditor General.  Claimants may be asked to provide information during the audit process.

11. STAKEHOLDER FEEDBACK

In administering the SMJCSP, measures have been taken to minimise red tape and simplify the claim process.  This is balanced with the need to ensure SMJCSP payments are made correctly to eligible migrants.

The Department encourages claimants to participate in periodic surveys or other feedback mechanisms to assess the effectiveness of the program and inform future improvements.

The Regional Certifying Body assessment advice must have been obtained no more than three (3) months before the date the nomination is lodged. If the assessment is dated more than three (3) months before the date the nomination is lodged, the Department of Home Affairs decision maker may require a fresh RCB assessment to be obtained. This is because labour market conditions may have changed sufficiently for new advice to be warranted.

False and misleading information

If you provide false or misleading information as part of your application, your application may be declined. False and misleading information may also be reported to the Commonwealth Department of Home Affairs who can conduct their own investigation.

We conduct verification checks on the documents you provide.

Application fee

Payments

Payments are accepted through MasterCard and Visa only, through the applicable online application form.

Applications lodged for WA State nomination will automatically be progressed by the system once the payment process has been completed.

An application is only considered to be 'lodged' once fees are successfully received.

Refunds

State Nominated Migration Program application fee (applications submitted prior to 1 July 2022)

Refunds will only be considered in the following instances:

• if a technical issue results in multiple payments for the same application, or if the applicant is unaware the first application has been successfully lodged and resubmits multiple applications;\if migration policy guidelines change and an applicant is impacted; or
• in special circumstances, to be considered on a case by case basis.

Regional Certifying advice application fee

Refunds will only be considered in the following instances:

• if a technical issue results in multiple payments for the same application, or if multiple applications are lodged when the applicant is unaware the first application has been successfully lodged, and resubmits multiple applications; or
• in special circumstances, to be considered on a case by case basis.

Assessment of refunds in special circumstances

A refund may be considered where there are special circumstances, which may include but are not limited to:

• circumstances that were beyond the applicant's control; and
• circumstances that were not foreseen and which may result in distress or hardship.

For more information on refunds see the Migration Services fee payment and refund policy(PDF document - opens in a new tab)[PDF 327 KB].

To request a refund, please complete and email the Migration Services refund request form(PDF document - opens in a new tab)[PDF 225 KB] to migration@dtwd.wa.gov.au.