Dorothy

40 hours per fortnight is the same as 20 hours per week. 20 hours per week is not full time hours.

spouse of scouse

Bit tired of your endless sniping at DIAC. If someone doesn't meet the work experience requirements for a visa, DIAC are not only entitled to refuse them, they are obligated to do so. And people don't have to be careful, they just have to be truthful.

RURUS

My I suggest that you go to: http://www.austlii.edu.au/au/cases/cth/MRTA/

and conduct a Boolean database search for: work experience AND remits

Having done so bear in mind that not all skilled visa refusal decisions are merits (MRT) reviewable and most MRT decisions are not published.

Historically only sponsored applicants or those who applied onshore had review rights. Are you inclined to believe that the refusal decisions for independent applicants who had no MRT review rights were always correct?

Under thew current system an innocent error when lodging an EOI, where points for work experience are over claimed results in a mandatory visa refusal and loss of the visa charges.

I have heard of cases where applicants have paid for 'points advice' and the employment claims were subsequently not accepted by the DIAC.

You are correct that applicants must be truthful, but that is not enough, they have to be correct.

RURUS

Under the previous rules, working (say) 21 hours in a week was enough to get a visa cancelled. 20 hours a week is accepted as full time for the purposes of claiming migration points.

Dorothy

Since when?

RURUS

I suggest you read this:

You can receive up to 20 points for having had a combination of overseas and Australian skilled employment in the last 10 years at the time you are invited to apply.
To receive these points, you must have worked at least 20 hours of paid work per week and in your nominated skilled occupation, or a closely related occupation. This applies to employment in and/or outside Australia.

This reference can be found at:
http://www.immi.gov.au/skills/skills.../subclass-189/

and if you are further interested, this:

http://www.judgments.fedcourt.gov.au.../2005fcafc0132

all the best.

The Wolf

Thanks for the input everyone, after reading the replies it does seem a grey area.

I'm thinking of erring on the side of caution and looking at the 186. My employer is happy to sponsor me so am I right in thinking the Agreement Stream is applicable to me? I've never been on the 457 and I have over 4 years Australian work experience in my nominated occupation.

old.sparkles

I would have thought direct entry even though you have been working in Australia from the way I read it.

Has your employer previously sponsored any employees?

The Wolf

No he hasn't. Isn't the direct entry stream only for those who have never or only briefly worked in Australia?

old.sparkles

Yep, but the Agreement stream is for people sponsored by an employer through a labour or regional migration agreement so I wouldn't think you would fit that category either. But if your employer has never sponsored anyone, they are going to have to jump through a few hoops before they can sponsor you. What visa are you currently on and how long before it expires?

The Wolf

Currently on 485 and it runs out at the end of December. Looking at the streams description again and yes direct entry makes more sense

The Wolf

What hoops will my employer have to jump for this?

old.sparkles

I think in your position I would get professional advice as soon as. December is not that far away, and you may not have enough time. Get a MARA agent to go through all your options, but be prepared that you may have to return to your home country.

Employers need to apply to DIAC to be able to nominate - http://www.immi.gov.au/skills/skills.../subclass-186/ under employers tab

The Wolf

Cheers for your input Sparkles, yes I have an appointment with a Mara agent this week

old.sparkles

Good luck