Subclass 189 Claiming 5 point extra from skilled employment before skill assessment

[segue]

85 points as Valuer (one year relevant working experience, but used for VetAssess skill assessment.)

Are there cases where people could apply this one year skill assessment experience onto their EOI application, and successfully claim extra five point for the 189?

Thanks.

 

[mohsinciddiki]

85 points as Valuer (one year relevant working experience, but used for VetAssess skill assessment.)

Are there cases where people could apply this one year skill assessment experience onto their EOI application, and successfully claim extra five point for the 189?

Thanks.

The experience used for skills assessment cannot be used for points claim, EOI won't stop you using the experience but if you get the invitation, your visa application will be rejected over false claim

 

[segue]

The experience used for skills assessment cannot be used for points claim, EOI won't stop you using the experience but if you get the invitation, your visa application will be rejected over false claim

thanks for your reply! point taken.
what do you think about this
https://www.iscah.com/important-change-work-experience-points/

 

[mohsinciddiki]

thanks for your reply! point taken.
what do you think about this
https://www.iscah.com/important-change-work-experience-points/

I contacted them regarding this news they said that it is a policy change as per DHA but there is no official news or change provided by DHA so you cant rely on this

 

[segue]

I contacted them regarding this news they said that it is a policy change as per DHA but there is no official news or change provided by DHA so you cant rely on this

thanks for your heads up! I am not sure if this is wise for me to proceed to claim this 5 points. But I really think right now it's a little bit tight for 85 points... I am wondering if DHA will give me an answer to this. Will give it a try and hope I can get a clear yes/no answer from them.

 

[mohsinciddiki]

thanks for your heads up! I am not sure if this is wise for me to proceed to claim this 5 points. But I really think right now it's a little bit tight for 85 points... I am wondering if DHA will give me an answer to this. Will give it a try and hope I can get a clear yes/no answer from them.

If you get some feedback from them, do post here

 

[Dziubowa]

Hi all, I have a similar question on this topic.
I'm the second applicant so this is for my partner's skill assessment.
He got a positive assessment from ACS as software engineer back in November 2019. As he was only a few months into his new job, he didn't really want to ask his new employer for confirmation of employment as to not raise any awkward questions so decided to not include this new job on the application.
He got assessed based on his uni degree (comparable to an AQF Master Degree with a Major in computing) and 7years 9months of experience (until April'19). Originally we were under impression that he needs to deduct 2 years from that so falls into 5-8 years bracket and it's far away from stretching it to 8.
With the information above, he could however be entitled to points for 8+ years of experience (another 14 months of employment since April'19), but this period has not been included in the assessment.
Do you know if he will be able to get 20 points for 8+ years of experience, without applying for reassessment to ACS? Just attach documents confirming employment post-assessment?

 

[mohsinciddiki]

Hi all, I have a similar question on this topic.
I'm the second applicant so this is for my partner's skill assessment.
He got a positive assessment from ACS as software engineer back in November 2019. As he was only a few months into his new job, he didn't really want to ask his new employer for confirmation of employment as to not raise any awkward questions so decided to not include this new job on the application.
He got assessed based on his uni degree (comparable to an AQF Master Degree with a Major in computing) and 7years 9months of experience (until April'19). Originally we were under impression that he needs to deduct 2 years from that so falls into 5-8 years bracket and it's far away from stretching it to 8.
With the information above, he could however be entitled to points for 8+ years of experience (another 14 months of employment since April'19), but this period has not been included in the assessment.
Do you know if he will be able to get 20 points for 8+ years of experience, without applying for reassessment to ACS? Just attach documents confirming employment post-assessment?

ACS will deduct 2 years in any case. TO claim those points based on the above changes, it is not confirmed because there is no official link or update from home affairs regarding such a claim. It was just a blog post on an immigration forum who also did not have any official link ( see my answer above). So, unless DHA confirms, refrain from claiming anything extra which was deducted by assessing the body. But yes, after April 19 till date, the experience can be claimed if it is positively assessed by your assessing body leaving the deducted experience aside.

 

[Dziubowa]

But yes, after April 19 till date, the experience can be claimed if it is positively assessed by your assessing body leaving the deducted experience aside.

Thanks for your response.
The point is that the experience after april'19 has not been assessed, as it has been left out of the skills assessment application in the first place.

 

[mohsinciddiki]

Thanks for your response.
The point is that the experience after april'19 has not been assessed, as it has been left out of the skills assessment application in the first place.

Then it needs to be reassessed to claim it

 

[MysticRiver]

The point is that the experience after april'19 has not been assessed, as it has been left out of the skills assessment application in the first place

Then it needs to be reassessed to claim it

If I understood the question correctly, as long as the applicant remains in the same job with a similar job responsibility till the assessment was done (April 19), he should be able to claim post-experience points. There are precedents for this. Having said that, of course, the CO will decide whether the additional experience can be covered under the same assessment letter, so there is always a small margin of risk. Also, the applicant needs to submit updated documents to support additional experience.

 

[mohsinciddiki]

If I understood the question correctly, as long as the applicant remains in the same job with a similar job responsibility till the assessment was done (April 19), he should be able to claim post-experience points. There are precedents for this. Having said that, of course, the CO will decide whether the additional experience can be covered under the same assessment letter, so there is always a small margin of risk. Also, the applicant needs to submit updated documents to support additional experience.

so decided to not include this new job on the application.
He got assessed based on his uni degree (comparable to an AQF Master Degree with a Major in computing) and 7years 9months of experience (until April'19).

According this, the experience which includes April 19 was a new job so it was not assessed and cannot be claimed as "continuous experience". having said that, there is a rumor that now DHA is accepting the experience which was deducted by assessing body but I am still unable to find the official link. Someone sent email to NSW for which they responded that they are aware of this new change but they are not working on the same format. Now still it is unclear whether the deducted exprience is claimable or not unless DHA respond to some query properly.

 

[MysticRiver]

According this, the experience which includes April 19 was a new job

Oh, I misread.

 

[Dziubowa]

Oh, I misread.

No, you actually read correctly
To be clear the timeline was:
Sep 2010 - Graduated uni
From Feb 2011 - 6 months paid internship (however can't claim this as he doesn't have payslips anymore and company only keeps records for 6 years)
From Jul 2011 until April 2019 - job 1 (assessed by ACS)
ACS Assessment done in Dec2019/Jan2020
May 2019- Jan 2020 - job 2. Different company but same position (not assessed)
Feb 2020 - job 3 - back at company from job 1, identical position and department, just different team (not assessed) and no longer as employee, but as a contractor, so through his own Ltd, which causes additional problems.

Now we are wondering if we should get an additional assessment from ACS to include job 2 and job 3 or can we submit with 8 years (given his current job is de facto the same as the assessed one)

 

[MysticRiver]

He might get away with Job 3, but I think some CO will demand an assessment for Job 2. There was some news about "potential change of rule" floating around a year ago where it was claimed that DHA would allow diverging from ACS's assessment in terms of job experience (in which case, DHA will do all the checks themselves, though they do it anyway), but I never saw any official confirmation of such a change. I believe that idea came from the fact that not all assessment authority makes experience assessment mandatory (e.g. EA).

But based on the current officially published rules and past knowledge, I'd recommend doing an assessment for the new experiences (both Job 2 & 3).

 

[Dziubowa]

Ok, thanks for that. With our points (currently 85) we have a very small chance for the invite, so will just wait a few weeks to see how my assessment goes - if everything goes right I might have 8 years including deducted year so might switch round the main applicant.
Thanks for your advice!

 

[tharun]

If you get some feedback from them, do post here

@mohsinciddiki Need to submit a FOI request to get official policy change document by DHA.

 

[AdityaKulkarni]

Has anyone managed to find the official source from DHA if they are going to consider the deducted 2 years/1 year by the assessing authority ? I am struggling to find it.

Also, can someone please reply if they claimed those experience points and faced a rejection from DHA for claiming them recently from Jan-June 2020 ?

 

[AdityaKulkarni]

@mohsinciddiki Need to submit a FOI request to get official policy change document by DHA.

What is a FOI and how to submit one?

 

[tharun]

What is a FOI and how to submit one?

FOI is known as freedom of information which allow access by the general public to data held by national governments.

Under the FOI Act, you have a legal right (subject to some exceptions) to see documents DHA hold and get copies of those documents. You can also see most manuals, rules and guidelines that DHA use to make decisions about the legislation DHA administer such as the Migration Act 1958 and the Australian Citizenship Act 2004.

DHA might refuse to give you access to some documents because they are exempt documents.

More details available on below link

How to make a FOI request

Information on how to make an FOI request

www.homeaffairs.gov.au