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ACS What should I do if I can't have experience letters from a certain company

bsharath

Wanderer
Messages
9
Points
3
Timeline missing
HI Mate, could you please help me out, if am unable to get the work experience experience/reference letters from employers, I need to produce the each company experience details in individual stamp paper along with notary public signed and stamped, is that sufficient? Or do I need any other Docs?

In case the some old companies is no more or no more with the old name (acquired by some other company), help me the process to meet the requirements. Thanks
 

MysticRiver

Administrator
Staff member
Messages
15,377
Points
113
First of all, you should try your best to gather as many experience letter as you can in proper format, because both ACS and DIBP are very much concern about these due to huge number of fraudulent submission.

If for some cases, it is totally impossible for you to gather an experience letter, here is the requirement from ACS (please note, you will be again questioned during visa processing by DIBP even if ACS assesses your experience)

ACS said:
If you are unable to obtain an employment reference on a company letterhead from your employer, a third party official Statutory Declaration or Affidavit written by a work colleague may be considered. A Statutory Declaration or Affidavit is a legally written statement declared to be true in the presence of an authorised witness, for example - a Notary Public. All Statutory Declarations or Affidavits must be clearly signed by an authorised witness. The document must state that it was Sworn Before, Signed Before or Witnessed Before the authorised witness by the referee and signed by the authorised witness, with the date and place in which the declaration was made and witnessed.

If (you are) obtaining a Statutory Declaration or Affidavit outside Australia, please refer to an Australian Embassy or the legal standard of the country in which you are applying.

The Statutory Declaration or Affidavit must be written by a third party work colleague and NOT written by you, the applicant. Self-written Statutory Declaration or Affidavit will be assessed as not suitable.

A Statutory Declaration or Affidavit written by a work colleague needs to describe the working relationship with you, the details of the duties you performed and with relevant dates of the employment. It is preferable that the work colleague writing the declaration be at a supervisory level.

An example of how to define a working relationship is as follows – "I can confirm that (applicant name) carried out the duties and roles specified in this document at (company name) as I was his/her (supervisor, colleague, manager etc.) who interacted with and witnessed his/her work on a regular basis throughout the employment."

All third party Statutory Declarations or Affidavits must include one of the following as supporting evidence: (these must be in relation to you, the applicant and not the declarant)
  • Certified copy of payslips – preferably first & last payslip for the employment period
  • Certified copy a Human Resource statement or Service Certificate with employment dates
  • Certified copy of a Termination Letter with employment dates
Employment contracts, offer letters or appointment letters will NOT be accepted as supporting evidence and only one of the 3 above mentioned documents should be submitted. All other types of supporting documentation for Statutory Declarations or Affidavits will be assessed as unsuitable.

Acceptance of Statutory Declarations or Affidavits in place of employment references will be subject to the verification and discretion of the ACS and noted to the Department of Immigration and Border Protection for authentication against fraud and plagiarism.

The following Statutory Declarations or Affidavits are NOT suitable:
  • Does NOT contain words to the effect Sworn Before or Signed Before or Witnessed Before
  • From a junior colleague
  • Stating the referee agrees with what the applicant has written in another document
  • Stamp and signature of Notary Public doesn’t state that the referee’s signature is witnessed
  • Signature of Notary Public only states Attested Copy

On a side note, sample of a proper experience letter
http://more.acs.org.au/__data/assets/pdf_file/0019/7570/Skilled-Employment-Reference-Example.pdf
 

MysticRiver

Administrator
Staff member
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15,377
Points
113
In case the some old companies is no more or no more with the old name (acquired by some other company), help me the process to meet the requirements. Thanks

For non existent companies, the last post should be followed.

For companies with different names, a proper document should be submitted proving the acquisition.
 

bsharath

Wanderer
Messages
9
Points
3
Timeline missing
Hi Mate,

Need your support again, while am gathering my experience letters from my previous organisations, found one of the organization is no more ( old company acquired by B company and then B company is acquired by C company), now C company HR stating that they do not know any info about A company, hence they are not ready to look in to my case, luckily one of my old colleague who still working from A to C company, what should I do now, what sort of documents should I collect, Please advise.

Thanks
 

Rakshanda

Moderator
Staff member
Messages
2,458
Points
113
MSA
2016-12-13
Skill
263111
SC
189/190
Point
55/60
EOI
2016-12-15
@bsharath first of all please update your timelines.

Secondly please read below:


11. STATUTORY DECLARATIONS AND AFFIDAVITS
If you are unable to obtain an employment reference on a company letterhead from your employer, a third party official Statutory Declaration or Affidavit written by a work colleague may be considered.
A Statutory Declaration or Affidavit is a legally written statement declared to be true in the presence of an authorised witness, for example - a Notary Public.
All Statutory Declarations or Affidavits must be clearly signed by an authorised witness. The document must state that it was Sworn Before, Signed Before or Witnessed Before the authorised witness by the referee and signed by the authorised witness, with the date and place in which the declaration was made and witnessed. List of Authorised Witnesses within Australia.
Please Note: If obtaining a Statutory Declaration or Affidavit outside Australia, please refer to an Australian Embassy or the legal standard of the country in which you are applying.
The Statutory Declaration or Affidavit must be written by a third party work colleague and NOT written by you, the applicant. Self-written Statutory Declaration or Affidavit will be assessed as not suitable.
A Statutory Declaration or Affidavit written by a work colleague needs to describe the working relationship with you, the details of the duties you performed and with relevant dates of the employment. It is preferable that the work colleague writing the declaration be at a supervisory level.
An example of how to define a working relationship is as follows –
‘I can confirm that (applicant name) carried out the duties and roles specified in this document at (company name) as I was his/her (supervisor, colleague, manager etc.) who interacted with and witnessed his/her work on a regular basis throughout the employment. ‘
All third party Statutory Declarations or Affidavits must include one of the following as supporting evidence: (these must be in relation to you, the applicant and not the declarant)
 Certified copy of payslips – preferably first & last payslip for the employment period
 Certified copy a Human Resource statement or Service Certificate with employment dates
 Certified copy of a Termination Letter with employment dates
Employment contracts, offer letters or appointment letters will NOT be accepted as supporting evidence and only one of the 3 above mentioned documents should be submitted. All other types of supporting documentation for Statutory Declarations or Affidavits will be assessed as unsuitable.
Acceptance of Statutory Declarations or Affidavits in place of employment references will be subject to the verification and discretion of the ACS and noted to the Department of Immigration and Border Protection for authentication against fraud and plagiarism.
The following Statutory Declarations or Affidavits are NOT suitable:
 Does NOT contain words to the effect Sworn Before or Signed Before or Witnessed Before.
 From a junior colleague
 Stating the referee agrees with what the applicant has written in another document
 Stamp and signature of Notary Public doesn’t state that the referee’s signature is witnessed
 Signature of Notary Public only states Attested Copy.
 

MysticRiver

Administrator
Staff member
Messages
15,377
Points
113
Hi Mate,

Need your support again, while am gathering my experience letters from my previous organisations, found one of the organization is no more ( old company acquired by B company and then B company is acquired by C company), now C company HR stating that they do not know any info about A company, hence they are not ready to look in to my case, luckily one of my old colleague who still working from A to C company, what should I do now, what sort of documents should I collect, Please advise.

Thanks

Yes, I also believe you need a statutory declaration from your colleague, as long as he was not junior
 

MysticRiver

Administrator
Staff member
Messages
15,377
Points
113
Not even some joining letter from A?
 

parshikrishna

Newbie
Messages
1
Points
0
Timeline missing
@bsharath first of all please update your timelines.

Secondly please read below:


11. STATUTORY DECLARATIONS AND AFFIDAVITS
If you are unable to obtain an employment reference on a company letterhead from your employer, a third party official Statutory Declaration or Affidavit written by a work colleague may be considered.
A Statutory Declaration or Affidavit is a legally written statement declared to be true in the presence of an authorised witness, for example - a Notary Public.
All Statutory Declarations or Affidavits must be clearly signed by an authorised witness. The document must state that it was Sworn Before, Signed Before or Witnessed Before the authorised witness by the referee and signed by the authorised witness, with the date and place in which the declaration was made and witnessed. List of Authorised Witnesses within Australia.
Please Note: If obtaining a Statutory Declaration or Affidavit outside Australia, please refer to an Australian Embassy or the legal standard of the country in which you are applying.
The Statutory Declaration or Affidavit must be written by a third party work colleague and NOT written by you, the applicant. Self-written Statutory Declaration or Affidavit will be assessed as not suitable.
A Statutory Declaration or Affidavit written by a work colleague needs to describe the working relationship with you, the details of the duties you performed and with relevant dates of the employment. It is preferable that the work colleague writing the declaration be at a supervisory level.
An example of how to define a working relationship is as follows –
‘I can confirm that (applicant name) carried out the duties and roles specified in this document at (company name) as I was his/her (supervisor, colleague, manager etc.) who interacted with and witnessed his/her work on a regular basis throughout the employment. ‘
All third party Statutory Declarations or Affidavits must include one of the following as supporting evidence: (these must be in relation to you, the applicant and not the declarant)
 Certified copy of payslips – preferably first & last payslip for the employment period
 Certified copy a Human Resource statement or Service Certificate with employment dates
 Certified copy of a Termination Letter with employment dates
Employment contracts, offer letters or appointment letters will NOT be accepted as supporting evidence and only one of the 3 above mentioned documents should be submitted. All other types of supporting documentation for Statutory Declarations or Affidavits will be assessed as unsuitable.
Acceptance of Statutory Declarations or Affidavits in place of employment references will be subject to the verification and discretion of the ACS and noted to the Department of Immigration and Border Protection for authentication against fraud and plagiarism.
The following Statutory Declarations or Affidavits are NOT suitable:
 Does NOT contain words to the effect Sworn Before or Signed Before or Witnessed Before.
 From a junior colleague
 Stating the referee agrees with what the applicant has written in another document
 Stamp and signature of Notary Public doesn’t state that the referee’s signature is witnessed
 Signature of Notary Public only states Attested Copy.





Hi bro . I have a doubt . Do we include payslips of mine( applicant ) or else the person who has given Reference letter ( Work/Collegue or Manager ) .I have both of these . Which one should I send it to ACS?
 

MysticRiver

Administrator
Staff member
Messages
15,377
Points
113
You need it if you notarized a copy. If you notarize the original, of course, that statement does not make any sense.
 

river11576

Wanderer
Messages
22
Points
3
MSA
2017-08-29
Skill
2613
SC
189
Point
75
EOI
2018-03-24
Inv.
2018-05-23
App.
2018-05-24
CO
2018-09-10
PCC
2017-10-17
HC
2018-04-21
Grant
2018-11-17
Hi sorry to hijack this thread but I have some old employer that for whatever reason holds some grudge against me and refused to provide a statement of service, let alone anything financial like payslip. So I instead asked for signature of a senior employee who is still working there behind his back. It's from 2 years ago and a part time job I did not take seriously so I didn't keep any documents. The only other thing I have is when I download bank statements from that period it shows pay transactions but it can't say anything about the company nor my role can it?

What should I do?
 
MSA
2017-08-29
Skill
2613
SC
189
Point
75
EOI
2018-03-24
Inv.
2018-05-23
App.
2018-05-24
CO
2018-09-10
PCC
2017-10-17
HC
2018-04-21
Grant
2018-11-17

thepurist

Collaborator
Entitled Member
Messages
301
Points
43
MSA
2017-03-14
Skill
261111
SC
189
Point
70
EOI
2017-03-27
Inv.
2017-08-09
App.
2017-09-09
CO
2017-10-17
PCC
2017-10-18
HC
2017-10-18
Grant
2018-02-21
Use whatever resources you have and hope for them to be enough for your process.
 
MSA
2017-03-14
Skill
261111
SC
189
Point
70
EOI
2017-03-27
Inv.
2017-08-09
App.
2017-09-09
CO
2017-10-17
PCC
2017-10-18
HC
2017-10-18
Grant
2018-02-21

MysticRiver

Administrator
Staff member
Messages
15,377
Points
113
Hi sorry to hijack this thread but I have some old employer that for whatever reason holds some grudge against me and refused to provide a statement of service, let alone anything financial like payslip. So I instead asked for signature of a senior employee who is still working there behind his back. It's from 2 years ago and a part time job I did not take seriously so I didn't keep any documents. The only other thing I have is when I download bank statements from that period it shows pay transactions but it can't say anything about the company nor my role can it?

What should I do?
You will need something that shows your job responsibilities, without that there is no way to claim it was a relevant job. Once you can have that, then you can try to overcome the deficiency of other supporting documents by providing as many things as you gather like @thepurist said (e.g. bank statements, tax certificates etc.).
 

river11576

Wanderer
Messages
22
Points
3
MSA
2017-08-29
Skill
2613
SC
189
Point
75
EOI
2018-03-24
Inv.
2018-05-23
App.
2018-05-24
CO
2018-09-10
PCC
2017-10-17
HC
2018-04-21
Grant
2018-11-17
Hi, would a statutory declaration and a tax certificate work. Like i said i dont have any payslip. I'm curious though if the tax thing helps at all because all the employments in it should have been provided by myself while claiming tax return in the first place (never seen the tax certificate before)
 
Last edited:
MSA
2017-08-29
Skill
2613
SC
189
Point
75
EOI
2018-03-24
Inv.
2018-05-23
App.
2018-05-24
CO
2018-09-10
PCC
2017-10-17
HC
2018-04-21
Grant
2018-11-17

river11576

Wanderer
Messages
22
Points
3
MSA
2017-08-29
Skill
2613
SC
189
Point
75
EOI
2018-03-24
Inv.
2018-05-23
App.
2018-05-24
CO
2018-09-10
PCC
2017-10-17
HC
2018-04-21
Grant
2018-11-17
To be clear in my case im trying to meet the 2 years requirement of 482, this is not claiming skilled employment for points.
 
MSA
2017-08-29
Skill
2613
SC
189
Point
75
EOI
2018-03-24
Inv.
2018-05-23
App.
2018-05-24
CO
2018-09-10
PCC
2017-10-17
HC
2018-04-21
Grant
2018-11-17

MysticRiver

Administrator
Staff member
Messages
15,377
Points
113
Acceptation of any missing document largely depends on the CO. So, I can't say for sure if that would be enough, but it sounds like you are missing a big chunk of required documents. I feel that between payslips and supporting bank statements, at least one is highly recommended. But, of course, you can try convincing the assessor/CO.
 
Hi guys

I have a question , in my case I have had 6 employers and have managed to obtain 5 out of 6 letters of employment.

I have bank statements to prove payments say for mid of employment and end of employment and also tax records to match this. I also have signed documents with company stamp to tie me to the company. The company is ubcontactable for me...

Do you think this is ok ? Should I possibly just get a stat dec from my old coligue ?
 
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