Chys

Hi!

I applied for 136 visa last year. My Case Officer wrote in spring: "There is no medical request for you since you have not been working in a skilled occupation for at least 3 of the 4 years (as you only graduated from University not long ago). Therefore you can't meet point test and your application will be placed in the pool of applications."

At the same time one of my friends, who had had experience before degree, received visa. Another my friend with the same experience before degree received medical request few days ago. Both of them have the same occupation as I have. Both of them claimed points for experience.

What's going on? Could rules be different for different people?

sia

Hi!

I am sorry to hear about what happened.
I have two years experience before the degree and a year and a half after. However two immigration agents whom I consulted suggested that I not count on the 10 work experience points to reach the pass mark. They said that I might get the points or I might not, it really depends on the officer.

Good luck.

Chys

Great... A human element... It's like to play roulette.

spottydog

Did you all apply for the same class of Visa as I think some sponsored classes only require 6 months experience and meeting the basic 70 point passmark. Otherwise did your friends work for at least 20 hours a week during university as this could then be classed as work experience.

As far as I'm aware there is no different rules for different people but for a 136 visa you must meet the 120 points passmark and you must have 12 out of the last 18 months (for 60 point occupations) or 3 out of the last 4 years (for 40 or 50 point occupations) work experience of over 20 hours a week plus 3 out of the last 4 years if you want to claim the bonus points.

If you are sure you meet all the requirements it may be worth speaking to an agent to see what options are available.

stevereed

The designated area sponsored visa has NO points test, and other sponsored categories have reduced points requirements. There are also reductions in some areas of the basic requirements for some visas.

The 70 points is only relevant to the skils matching pool I believe.

An agent is really the way to go here, not relying on advice from this forum as some of it will be wrong.

nadeemacca

hello dear
It is good topic to discuss. I have applied this march and claiming
point of experince. Although i have passed my degree in dec. 03. my
occupation is an accountant and have 60 point. I have total 10 year
experience including 8 and half year before the degree. I got medical
and police clearance in june and waiting for next knock of the DIMMIA.
I dont think the issue of experience is before or after. The experience
depend upon the relation with your occupation and whether it is full
time or not.

I need further feedback on this topic coz sia case confused me,
although i got medical and PCC. but every one know u can perdict
anything from DIMMIA until u got visa. Plz feedback this topic.

nadeem

Chys

I had had 4,5 years of work experience (over 20 hours a week) before apply. I claimed bonus points for Specific work experience (10 points) since I have 60 point occupation. But the problem is that I received bachelor degree in 2002 and master degree in 2003. It follows that I worked during studying. And my officer doesn't want to accept that experience.

Chys

I consulted with two of them. They told me the same as sia It depends on the officer. I don't understand how it can be... It's really like to play roulette.

spottydog

I would definietely say an agent is needed to ensure your work references show that in the last 4 years you have worked for 3 of them at over 20 hours a week "in your nominated occupation, or a closely related 60 point occupation listed on the Skilled Occupation List (SOL)"

Alan Collett & George Lombard are always recommended here but other people may be able to recommend other agent (I didn't use an agent so don't have any personal experience of them).

sia

I am no agent and so I may be wrong, but the agents I consulted said that
it doesn't matter that I worked at least 20 hours a week (and normally a lot more than that). The work experience is not in my occupation (because I didn't have a degree at the time). So the officer might or might not accept it.

This is of course because my work experience was while I was studying for my bachelor's degree. I don't know how it works with a master's.

I agree that it is best to ask an agent.
Good luck

George Lombard

Hi Chys,

The rules are clear, that you can certainly claim work experience prior to graduating. However, to claim such work experience you might need to carefully prove that the work was at a professional level. Your comments suggest to me that either the agents you consulted weren't high experienced or you contacted them before the position on deeming dates was clarified last year.

Have you been pooled already? Would you be happy with SIR?

Cheers,

George Lombard

www.austimmigration.com.au

Chys

I am not in the pool yet and I can prove that my work was at a professional level. I sent required references and payslips. My skills were assessed by Australian Computer Society (ACS). In accordance with Group A (which I have) 'Applicants must have at least FOUR (4) equivalent years of full-time relevant IT professional experience'. It follows that ACS measured my skill level amenably to Australian standard and came to conclusion that I had had sufficient skill level to perform my occupation's tasks satisfactorily and professionally for FOUR years by the date of my ACS application.

I wrote this to my Case Officer....

I was not interested in SIR since I was sure that I was worthy PR visa. I applied for Vic STNI and now I'm waiting for their desicion. But I still don't know how much I will have to pay for it. 1935$ or less. ASPC didn't give me answer on this question.

spottydog

ACS don't require the four 'equivalent' years to be the last four years whereas DIMIA require 3 out of the last 4 years (i.e. you could have 1999 to 2000 full time and 2001 to 2003 part time and 2004 fulll time which would be OK for ACS but not DIMIA's extra 10 points).

Do your references, payslips etc. clearly state that you have been worknig full time and show your work was at a professional level for at least 3 or the 4 years immediately prior to your application as I can understand DIMIA wondering how you can be a full time student and a full time professional worker at the same time?

I would still recommend getting professional expert advice as this is probably more complicated that the level of advice anyone on this forum can give you.

Chys

I have 4,5 full-time experience (means more then 20 hours per week) without gaps - from July 2000 till December 2004 (before apply to ASPC).

Yes, all my references included all required information. I could studied and worked since my lectures were in the evening and I explained this in my Cover Letter. The problem is in ASCO dictionary. ASPC officer copied ASCO entry requirements for my application: The entry requirement for this occupation is a bachelor degree or higher qualification or at least 5 years relevant experience. But as I understand nobody uses these entry requirements! Other people experience before degree is accepted by other officers...

George Lombard

Hi Chys,

From what you've told me it sounds as though your case officer has written to you requesting evidence from you of the professional nature of your duties at the appropriate time.

I would suggest you contact an agent, by email or in person.

We have a reasonable language spread in my office, currently we can handle Russian, Indonesian, Spanish and my halting French and German on a daily basis and we can also manage Dari/Farsi, and without wishing to be disrespectful, my guess is that you'll find it easier to understand what you're being asked if you're dealing with someone who speaks your first language. Obviously your case officer doesn't :-(

Cheers,

George Lombard

www.austimmigration.com.au