The Gazette 1987

GAZETTE

APRIL 1987

Reciprocity of Qualifications and Employment Opportunities Abroad

The purpose of this article is to update and amend an article bearing the same title which appeared in the April, 1986 Gazette. The objective is a more detailed examination of the position in Australia.

can be recognised in Australia. Sponsorship by persons within the listed degree of kindred gives extra points and all candidates must pass the points test based on these criteria. The sponsor must have been resident in Australia for at least t wo years and if the sponsor is an Australian citizen an extra five points are available. 2. Migration by skilled workers If the skills of the proposed migrant lie within an area already well served by the existing Australian workforce then his prospects of obtaining a migrant visa are not good. If, on the other hand, he is on the list of occupations in demand in Australia then he gets an extra five points. It is within this area that employer nomination comes in. If an employer can prove to the Australian Authorities that a post cannot be filled by an Australian then the employer can nominate a migrant. This can go as far as group nominations for certain categories of persons in short supply in Australia such as nurses. Unhappily the profession of solicitor is not one where demand exceeds supply in Australia and it will be seen that lawyers are not included in the following list of persons whose professions or trades bring them within this category: — Computer Programmer Nurse Chef Mechanic Accountant Electrical Mechanic Plumber

Traditi onally, the State of Victoria in Australia has been the only other jurisdiction where an Irish solicitor could be admitted and could commence practice with little difficulty. Last year, however, new admission rules were intro- duced by the Council of Legal Education in Melbourne. Enquiries should, in the first instance, be addressed to: Board of Examiners for Barristers and Solicitors, A solicitor recently qualified in the Republic of Ireland must present himself for examination in Constitutional Law, Administrative Law and the Law of Property and then spend 12 months in a so l i c i t o r 's o f f i ce in V i c t o r i a. However, an Irish solicitor qualified for at least five years would be exempted from the requirement of post-admission practice and will be admitted to the Roll of Solicitors in the State of Victoria once he has passed the examination in the three subjects mentioned and observed the admission procedure. None of the other Australian States recognise Irish legal qualifi- cations but it is possible for a solicitor admitted in the State of Victoria to move to other states on meeting the requirements of those states. No one, however, may enter Australia without a visa. Visas are of three types. A visitor's visa is the one given to people making a holiday trip to Australia but the holder of such a visa may not engage in employment in Australia. Federal Court Building, 450 Little Bourke Street, Melbourne 3000, Victoria, Australia.

A working holiday visa is available to those in the 18 — 25 year age bracket. The purpose of the working holiday scheme is to enable young people to work for short periods in different locations in Australia and to fund such visits

by Professor Richard Wou l fe Director of Education, The Law Society

— at least in part — by taking t empo r a ry emp l oymen t. The working holiday visa may not last beyond 12 months. The last type of visa is the migrant visa. An Irish solicitor wishing to live in Australia and take up employment there would require a migrant visa. The following categories of migration visa are identified: — 1. Family Migration The spouse, fiance, dependent child or parent of an Australian citizen or resident can migrate to Australia but must be sponsored. The Australian Authorities must be satisfied as to the good character and sound health of the proposed migrant and this applies across the board to all categories. The independent and conces- sional category includes brothers, sisters, adult children, nieces and nephews of an Australian citizen or resident. People w i t h in this category must satisfy a points score and they are considered under the headings of employ- ability, age (between 18 and 35 is the easiest t ime to move), education and skills — they must have a trade or profession which

Skilled Waiter Cabinet Maker Physiotherapist Tool Maker Electrical Fitter

Panelbeater Upholsterer

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