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Overseas experience

Trapme

Collaborator
Entitled Member
Messages
246
Points
28
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20
Hi,

I have applied EOI for 189 ( Business Analyst) on 30th of August, 2016 with 65 points. When can I expect an invitation. I have another question related to the employment condition. I have landed here in Australia on 30th of June, 2013 with 600 Business Visitor Visa. I was employed with my overseas company but attending meetings with Client in Australia until 26th of August, 2013. Can I claim this as an overseas experience. On 27th of August, 2013, I have received my 457 VISA and there onwards, I am claiming my Australian Experience.

I would really appreciate, if some one can please guide me into the right direction because this is very crucial, I am just missing my overseas experience by 1.5 months as I didn't claim my overseas experience when I was here in Australia on Business VISA.
 
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20

MysticRiver

Administrator
Staff member
Messages
15,113
Points
113
If you were legally employed, can produce legal supporting documents (that you were employed by the overseas company), I think you can claim that.
 

Trapme

Collaborator
Entitled Member
Messages
246
Points
28
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20
Thank you Mystic River for your reply. I always see you being so quick response, it glad to see that someone is there to guide you. I had one concern here as I have been talking to some of the migration agents and they were not sure whether this can be claimed in fact the migration agent, i am using, he has not claimed my business visitor class visa time in australia as in my overseas experience. He is saying that once I get an invitation then Case Officer may have concerns over me claiming overseas experience when I physically present in Australia :( and because of this I am still in queue as I am having only 65 points and even I had lot of conflicting opinions at the same time so I am really not sure whether I should push my migration agent to claim this period as my overseas experience. My migation agent is saying that if your application get refused by this then I will be solely responsible for this. Hence I am still reluctant to claim this experience. If you can please be sure then I can push my agent to claim this experience. Waiting for your reply eagerly. Thanks so much for your time and help in advance.
 
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20

MysticRiver

Administrator
Staff member
Messages
15,113
Points
113
To be honest, I am not sure because this is not clearly mentioned anywhere (that's why even migration agents are not confident, as you said). When it comes to the question of persuading your CO, it varies person to person. I have heard cases where people got different decisions against similar scenario. So, I don't think anyone can "surely" tell you what's going to happen, in this topic.

In my personal opinion, if you are employed by country A and visit country B on business purpose, you should still be considered as an employee in country A. One thing you can try, I am not sure if they'll give a decision though, is to contact skillselect team and ask if that can be considered as overseas experience.

At the end of the day, I think the decision will totally depend on your CO and can very much differ between cases, because when there is no black and white law, the CO's decision is final.
 

Trapme

Collaborator
Entitled Member
Messages
246
Points
28
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20
Thanks so much Mystic River being honest in your opinion. Do you think that I can contact some renowned immigration lawyer to heard about the migration law? If this is going to be save my 5 points or kind of guarantee that i can be sure about my situation and also can fight the case, in case case officer will have different opinion about my 5 points?

Another question, if I forget about the above situation, what do you think, when can I expect an invitation considering 65 points and logged EOI on 30th of August, 2016. I see the last invitation round(14th September, 2016) where skill select invited a last visa date effect (4th of May, 2016) with 65 points? Thanks again for your help and time.
 
MSA
2016-12-21
Skill
261111
SC
189
Point
70
EOI
2016-08-30
Inv.
2016-12-21
App.
2017-01-18
CO
2017-02-13
PCC
2017-02-01
HC
2017-03-22
Grant
2017-07-26
IED
2017-09-20

MysticRiver

Administrator
Staff member
Messages
15,113
Points
113
Well, like I said, I think it'll be tough for any one (be a renowned MA) to give you an honest guarantee, simply because I don't think there is a clear rule written anywhere. The best people can do is, they can tell you about their experience (e.g. in some forum you can find someone had a similar issue and successfully/unsuccessfully claim that points, or some migration agent who successfully/unsuccessfully defended their client in such scenario). The problem however, is that if something is not documented, you cannot take that granted from some other reference case.

I think you have fair chance with 65 points.
 
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