QUT

Hi guys share the info and need help.

My friend in England just received his refusal letter, and we did not understand how they calculate the basic requirement of At Least 12 Month of Employment in a Period of 18 Months Before Application for those 60 point occupations.

He has been working for 6 years and then stopped working at 1 March, succussed the skill assessment 1 MONTH later on 1 Apr, then lodged the immi application within 6 months after leaving work, which was 31 AUG.

Here is the letter.
In assessing your application, I have considered the recent work experience requirement (item 136.213(1)(a)). The following policy advice applies:

For the following visa purpose, officers must assess whether the applicant has been employed at a skilled level:

The Schedule 2 criterion (136.213 or equivalent) that requires the applicant to have been recently employed in a skilled occupation for a specified period;

Your application was lodged on 31/08/2001 and the relevant timeframe for meeting the legislative requirement of item 136.213(1) 31/08/1999 to 31/08/2001. you have provided a Skills Assessment fro the Trades Recognition Australia which states that you have been recognized as a Cook and the deeming date for this classification is 1 April 2001. Therefore you have been assessed as employed in a skilled occupation since 01/04/2001, a total of 5 months before application lodgement. The minimum period of employment in a skilled occupation required to meet the basic employment requirement for the grant of a 136 subclass visa is 12 months.

I have determined that you therefore do not satisfy item 136.213(1).

Alan Collett

In short, the work experience requirement (12 out of 18 months in a skilled occupation for a 60 point occupation) can only be satisfied AFTER the date on which your colleague was deemed to have acquired the necessary skills pertaining to his occupation.

So with a deeming date of 01/04/2001 the earliest he/she could have met this basic criterion was 31/03/2002, which in turn was the earliest date by which a visa application could have been filed.

Hope this clarifies matters.

QUT

Hi Alan,

Thanks a lot for your advice! But does it mean hes to wait for at least 12 months after he have the assessment result before application?

I remember when I did my own application, I sent immediately after I got the assessment result to the DIMA, my work exp was calculated with the 12 our of 18 mths rule, but had nothing to do when I had it assessed. I am also with 60 pnt occupation..

Thanks again!

Alan Collett

No, the 12 months of work experience has to be:

1. In the 18 months before the visa application is submitted, and
2. After the deeming date.

Your friend hadn't satisfied point 2 when the visa application was submitted.

Best regards.

QUT

Gosh, that means my understanding was totally wrong! Thank you Alan!

So what is exactly the DEEMING DATE? Is it the day you receive your skill assessment from the relavant assessing body?

But most of the people around me applied maybe just a month after their asessment results come out, will they all be refused as this example?

Thanks a lot!

QUT

Gosh..............

Alan Collett

No, the "deeming date" (as it is known) is the date that appears in certain skills assessments (notably from the TRA and the Australian Computer Society) where it says (in essence) that you have been assessed as having the skills relating to your nominated occupation as at a particular date.

So in your friend's case the deeming date as per the TRA assessment is 01/04/2001 (which sounds somewhat strange given that he left work a month earlier).

Best regards.

ptlabs

It's not cast in stone that everyone who applies after getting their ACS assessment will automatically fail to get their PR visa. It depends when your 'deeming date' is.

The 'deeming date' for ACS (and TRA) is the date that ACS decides that you have attained your qualification that allows you to work in the IT sector as a skilled professional, consistent with Australian standrads for this market.

If you applied before Oct 1, 2002, ACS' guidelines for skills assessment stipulated that if you had a degree equivalent to an Australian bachelors degree in IT/CS or higher, you would not be slapped with a deeming date. If you were assessed to have an Aussie IT diploma (some countries' bachelors degrees are considered equal to Aussie diplomas), you needed at least 4 years of IT experience to back it up. Generally, the deeming date for this case would be 4 years after you got your diploma. If you applied for RPL under the old rules, you would also have needed 4 years of IT experience before getting your deeming date.

Experience before the ACS/TRA/etc deeming date is totally disregarded by DIMIA for any work experience calculation.

If you apply for an ACS assessment now or after Oct 1, 2002, you will need at least:
a) 4 years of IT experience for equivalent Aussie IT bachelors holders
b) 6 years of IT experience for equivalent Aussie IT diploma holders
c) 6 years of IT experience for RPL applicants.

Your deeming date for all categories after Oct 1, 2002 will be after the needed years of IT experience.

For comparison, I got my ACS assessment prior to Oct 1, 2002, and was assessed to have an equivalent of an Australian bachelors in IT (you'll have to read your skills assessment report properly to determine what you have been assessed to hold). I was not given any deeming date on my assessment as the rules then did not require a deeming date for Aussie bachelor in IT holders, so experience after my bachelor's degree graduation will generally be acceptable to DIMIA.


HTH. There's plenty of information on deeming dates in the archives. Do a search for it and have a nice read.


Peter

ptlabs

Of course, I've quoted the rules for deeming dates for ACS. TRA slaps deeming dates on its skills assessment as well, but using different criteria when assessing when the deemning date will be, I'm sure.


Peter

QUT

This time I understand a bit. It seems that people working in ACS and TRA included occupations are a bit special. That's not fair. Anyway I think I need to have a look of his TRA assessment result, but I cannot remember what it said and not any clue that it mentioned a deeming date for his assessment..
Thanks again

ptlabs

You need to be fully aware of the rules before taking the plunge and risking thousands of Aussie dollars in the process.

The rules may be harsher for some skills (like AIM, TRA and ACS), so it pays to check out your stuff properly before sending your application in.

Whether it's fair or unfair is another story - there's little anyone here can do about it.


Peter

Alan Collett

The letters issued now by the TRA certainly do have explicit reference to the Deeming Date ...

Maybe you can let us know what you find.

Best regards.

QUT

Yes Alan,
I just sent him a text message and he will get back to me in a minute. I will let you know exactly what was on the letter..
Thanks

gerein

Is there any 'deeming date' for Accountant ?

I got my skill assessment as an accountant in Nov.2002,
but I got my accounting diploma in 1992 and, got a bechelor in 2001 by parttime-study while I work fulltime as an accountant since 1992.

How many points can I get for working experience by DIMIA ?

regards

Alan Collett

There's no deeming date for accountants.

DIMIA will assess whether you have been working as an Accountant for the requisite period of time when you lodge your visa application.

I would need to know more about your experience in the workplace and to take formal instructions before advising as to your specific situation. Much will depend on how you present what you do at work, and if you are borderline in terms of work experience or are unclear as to what is needed you should be thinking of engaging an agent.

Best regards.