ozzie maz

Hi, Were new to the board my husband and I are are applying on the skilled sponsored visa(136). My question is the skills part is based on me and the Visa part on my husband (he's sister is sponsoring us) and we are curently waiting to hear back from vetassess, but the agency we are with has said that because I'm on maternity leave this does not count as working..(although it is the paid 26 weeks part still) and therefore I have to apply before part the 26 weeks is up to qualify for the skill visa, because you have to worked for 12 out of the last 18 months...I was just wondering if anyone knew anything about this and if the agency are right, because as far as I'm concerned I'm still employed????????
Hope someone out there can help me!!
Thanks
Maz

sush-jpn

Hi!

I'm not sure if I'm being of any help here but I got the following reply to a query I made to ASPC a couple of months back. I'm quoting it for your information:


"Thank you for your e-mail in relation to applying for skilled migration to
Australia.

Recent work experience requirement

This requirement is separate to having your skills assessed as suitable by
the relevant assessing body.

To be eligible for General Skilled Migration, you must have been in paid
employment for at least 20 hours per week in any occupation on the Skilled
Occupation List for the required period of time immediately before you
apply. The required period of time is given in the table below. Further
information is also available on the DIMIA Website here:

http://www.immi.gov.au/migration/ski...centwork_1.htm

If you are applying for the Skilled Australian Sponsored (subclass 138)
visa, and your sponsor resides in Sydney and Selected Areas, your recent
work experience must be in any occupation on the Sydney and Selected Areas
Skills Shortage List.

Further information about the Sydney and Selected Areas Skills Shortage
List and the recent work experience requirement is available on the
departmentLs website.

See: http://www.immi.gov.au/migration/ski...out_ssassl.htm


|--------------------------------+--------------------------------------|
| If your nominated skill is |You must have been in paid employmentc|
| worthc | |
|--------------------------------+--------------------------------------|
|60 points on the skilled |at least 12 to 18 months immediately |
|occupations list, |before applying. |
|--------------------------------+--------------------------------------|
|40 or 50 points on the skilled |at least 2 of the 3 years immediately |
|occupations list, |before applying. |
|--------------------------------+--------------------------------------|



For some subclasses, such as the Designated Area Sponsored visas, a shorter
period of skilled work experience may be acceptable.


For certain occupations, the relevant assessing authority may require a
longer period of specific work experience for a suitable skills assessment.
Contact the relevant assessing authority for further information about
their requirements.

Leave regarded as employment

Annual Leave and Long Service Leave

You can satisfy the recent work experience requirement if you have been in
paid employment during the required period and during that period have been
on annual leave or long service leave.

Maternity Leave


You can also satisfy the recent work experience requirement if you have
been on maternity leave during the required work experience period,
provided it is part of ongoing employment.


Study Leave


If you are studying full time whilst being paid by your employer, you will
satisfy the recent work experience requirement if:

E you have on-going employment in that occupation whilst studying and
will be returning to that employer
E the study you are undertaking is directly related to your nominated
skilled occupation.

Recent work experience exemption

You do not need to meet the recent work experience you have completed at
least 2 years of full time study in Australia and lodge your application
within 6 months of completing your course.

This exemption cannot be used to waive any specific work experience
requirement imposed by an assessing authority as part of their skills
assessment.

Note: The 6 month period begins from the date you were advised you had
successfully completed your course, not the date of conferral which is when
you actually received your degree.


More detailed information on the recent work experience exemption (the 2
year study requirement) is available on the departmentLs website.

See: http://www.immi.gov.au/migration/ski...dex_gninfo.htm

See:
http://www.immi.gov.au/migration/ski...uspoints_1.htm

If you are applying for a Skilled Australian Sponsored (subclass 138) visa,
your sponsor lives in Sydney and Selected areas and you want to claim bonus
points for skilled work experience gained in Australia, you must have
worked at the skilled level in any occupation on the Sydney and Selected
Areas Skills Shortage List for a total of at least 6 months in the last 4
years. The occupation can be any occupation on the Sydney and Selected
Areas Skills Shortage List, not just your nominated occupation.

Further information about the Sydney and Selected Areas Skills Shortage
List and the bonus points part of the General Skilled Migration points test
is available on the departmentLs website.


Work experience documentation requirements


LWork experienceL means being in paid employment engaged in an occupation
for remuneration for at least 20 hours a week. Evidence of your skilled
work experience should include

E a curriculum vitae containing details relating to your previous work
experience
E employment references containing details of the exact dates of
commencement and completion of employment, position title, salary and a
description of the main duties undertaken
E other useful documents such as pay-slips, contracts and relevant
taxation papers.

You should also provide full details of your previous employers' contact
addresses. These details must be kept up-to-date throughout the entire
processing period for your application."

Hope this helps!!

sush

ozzie maz

Hi,

Thanks for the reply it's a great help, and definetely more information than I got from the agency!!

Thanks again

Maz

sush-jpn

Hi:

Glad I could be of help to you. If you have further Qs mail ASPC. They got back with an answer within the day for me
Good Luck!


Sush