The awarding of points for skilled employment factors recognises the benefits of extensive work experience in a nominated skilled occupation or a closely related skilled occupation in providing for successful labour market outcomes. Relevant Australian and overseas skilled employment in the 10 year period immediately before the date the applicant was invited to apply for this visa can be considered for the purpose of awarding points.

The higher weighting of points able to be awarded for Australian skilled employment recognises the value that firsthand experience and understanding of the Australian work environment can have in assisting migrants to establish themselves in the Australian labour market and settle into life in Australia.

Periods of employment do not have to be continuous as it is the aggregated period of relevant employment experience that will be considered. Therefore, applicants can be eligible for points if their relevant skilled employment is interspersed by periods of non-related employment or other activities such as study.

For example,
if prior to applying for their points tested skilled migration visa an applicant whose nominated skilled occupation is Accountant works for 2 years as an Accountant, then undertakes postgraduate studies for 2 years, then works as an IT consultant for 2 years, then works as an Accountant for a further 3 years, the applicant would be eligible for points based on their 5 years employment experience as an Accountant (if the applicant’s relevant employment took place in the 10 years immediately before the time when the applicant was invited to apply for the visa).

Applicants may also be eligible for points for the employment factor if they have both Australian and overseas skilled employment experience.

For example, 
if prior to applying for their points tested skilled migration visa an applicant whose nominated occupation is assessed as a registered nurse works overseas for 5 years as a registered nurse then works in Australia on a temporary employment visa for 3 years as a registered nurse, the applicant would be eligible for points based on their 5 years’ overseas employment as well as their 3 years’ Australian employment experience.

However, it is not possible for applicants to combine shorter periods of skilled employment gained while working in and outside Australia in order to meet one of the Australian or overseas skilled employment experience factors. For example, an applicant cannot claim 3 years’ Australian employment by adding together 6 months’ overseas employment experience and 30 months’ Australian employment experience.

The meaning of ‘employed’

Employed is defined to mean ‘engaged in an occupation for remuneration for at least 20 hours a week.’
For ‘remuneration’, the intention is that applicants have been engaged in the occupation on a paid basis. Mere emotional or psychological satisfaction or the acquisition of useful, but unpaid, professional experience is not considered ‘remuneration’ for points tested skilled migration purposes. A person receiving minimal living allowances or scholarships designed to cover expenses would not be considered to be remunerated.
Remunerated at least 20 hours a week
Working for at least 20 hours a week means 20 hours each week generally. However, where employment contracts provide for variable distribution of hours of work that extend beyond a week such as some shift workers, “fly in fly out” workers and seafarers, this can be taken into consideration in determining whether a person has worked ‘at least 20 hours per week.’
To evidence claims, applicants may be asked to provide detailed evidence of their terms of employment and salary payments.
Leave periods
As employment must be for remuneration, only periods of leave on full pay may be counted as time during which an applicant was employed. That means those periods of extended leave without pay (for example, maternity or paternity leave) might not be counted as a period of employment.
When can employment be considered skilled
For employment to be awarded points, it should meet the following standards:
  • had been undertaken at the required standard after the applicant met the entry level requirements as set by the relevant assessing authority for that occupation (that is, completed a sufficient level of study and or amount of on-the-job training and or post-qualification work experience and or registration requirement) and
  • involve duties at the level of depth and complexity expected in Australia.
If the relevant assessing authority has not provided an opinion on skilled employment and there are no standards set by the relevant assessing authority available in the public domain, the department would refer to guidance in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) when assessing the applicants’ skilled employment claims.
When is an applicant skilled
An applicant is considered skilled for the purpose of obtaining skilled employment points from the date the relevant assessing authority assessed them as suitable in their nominated skilled occupation:
  • If a skills assessment provides a date at which the assessing authority is of the view that the applicant became suitably skilled for awarding employment points, the department will consider only employment undertaken from that date as meeting the skilled employment experience criteria. For example, if an applicant has obtained a skilled employment opinion from Australian Computing Society (ACS), they should record in SkillSelect the periods of employment the ACS has determined are at the skilled level and eligible for being awarded points.
  • The date on which an applicant becomes suitably skilled for employment experience points may be different from the date on which a relevant assessing authority assesses the person as suitable. For example, a relevant assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant as suitably skilled for the purpose of employment points.
  • If the applicant has made claims of skilled employment periods that are not considered by the assessing authority on the skills assessment, the department may refer to publicly available information set by the relevant assessing authority or ANZSCO in order to make a full assessment of the claims. This situation might arise if an applicant is claiming skills over a ten year period but the skills assessment states that it only assesses claims of work experience undertaken in the 5 years immediately prior to skills assessment.

The post Points for Work Experience (Skilled Visas) appeared first on Australian Migration Agents and Immigration Lawyers Melbourne | SeekVisa.

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