New point test available NOW on DIAC site

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Dec 21st 2010, 12:16 am

#91

Dorothy

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Re: New point test available NOW on DIAC site

Quote:

Originally Posted by loveniknaks

Had a look through the new rules and as far as I can see, if you have a break of more than 2 years within any of the periods mentioned then no points will be awarded for work experience. Eg, I have taken time out unpaid from work to raise my 2 young children. By 1/7/2011 I will have 2 years and 3 months absence as I am not working at the moment and last worked in March 09. Despite having worked in my nominated occupation for more than 10 years I won't be able to claim the 15 points because I have had just over 2 years out of the market. I don't believe this could ever be fair. This doesn't take into account the fact that half of those 10 years are in Aus and the other half in the UK. So I couldn't even claim for the full 8 years as overseas anyway. I am clearly a case where the rules work against something they are looking to encourage, a mix of Australian and overseas experience. Will there be any room for common sense on a case by case basis or are these rules set in stone?

Yes, it is fair. I have been out of my 20+ year occupation for just over 4 years now and have forgotten a lot of what I used to know. Technologies change rapidly in some fields, so 2 years out of your occupation can have a great deal of affect on how well you do your job.

Dec 21st 2010, 9:57 am

#92

loveniknaks

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Re: New point test available NOW on DIAC site

yes Dorothy, I understand how that would apply to IT but I'm a Chartered Accountant and part of the deal with maintaining my professional qualification is that I need to keep up to date with developments through Continuing Professional Education. Besides, in a situation where say in year 2 you had a year out and then in year 9 you take one year and 3 months out, the argument you suggest does not apply. I think it is definitely unfair that there is absolutely no recognition of experience outwith these arbitrary periods. What I was looking for was if anyone knew if cases will be reviewed on an individual basis?

thanks for your reply and POV.

Dec 21st 2010, 12:15 pm

#93

Dorothy

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Re: New point test available NOW on DIAC site

Quote:

Originally Posted by loveniknaks

Fortunately (or not) DIAC's policies and procedures are uniform. It is very unlikely that your case would be reviewed on an individual basis. The work experience rule is inflexible in my years of reading these boards.

Dec 22nd 2010, 5:19 am

#94

Bermudashorts

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Re: New point test available NOW on DIAC site

Quote:

Originally Posted by loveniknaks

As you have been out of the workforce for over 12 months, you would not qualify for a skilled migrant visa in the current process either.

I don't think it is entirely about being up to date in your profession although I am sure that is part of it. I would think that they also want to know that if they are going to grant a visa to a skilled migrant, that the migrant is going to actually join the workforce in that occupation. Perhaps somebody has given it up to be a full time mum, or has changed career path or just doens't want to work anymore, in which case why would they grant a skilled migrant visa on the basis of what they used to do.

Regarding making special cases for accountant because of CPD, it was always my understanding that it was possibly to apply for CPD exemptions if out of the workforce, for example due to maternity or perhaps unemployment?

If these rules were considered on a case by case basis, processing would take even longer than it does already and there would be never ending back and forth between COs and applicants. It would be completely unworkable.