Franconian Posted December 1, 2012 Share Posted December 1, 2012 Hi all, I was just playing around in my Skillselect account to see how the points are being calculated. According the Skillselect calculation DIAC would not give any points if for example 2 years + 11 months were worked overseas + 11 months in Australia in nominated occupation. I know according DIAC information it is split up in either overseas employment 3-5 years 5 points And Australian employment 1 year 5 points, but common sense would still grant 5 points for above scenario. Can someone confirm this? The whole migration procedure is getting even more bizarre. Quote Link to comment Share on other sites More sharing options...
Guest Guest26012 Posted December 1, 2012 Share Posted December 1, 2012 Hi, just bumping! Quote Link to comment Share on other sites More sharing options...
mattybe Posted December 1, 2012 Share Posted December 1, 2012 limits and cut offs for everything in life i guess. too hard and not economical to consider each and every case thats outwith the boundaries. Sent from my GT-I9100 using Tapatalk 2 Quote Link to comment Share on other sites More sharing options...
Joebloggs Posted December 1, 2012 Share Posted December 1, 2012 Hi all, I was just playing around in my Skillselect account to see how the points are being calculated. According the Skillselect calculation DIAC would not give any points if for example 2 years + 11 months were worked overseas + 11 months in Australia in nominated occupation. I know according DIAC information it is split up in either overseas employment 3-5 years 5 points And Australian employment 1 year 5 points, but common sense would still grant 5 points for above scenario. Can someone confirm this? The whole migration procedure is getting even more bizarre. Seems simple enough to me 2 years & 11 months is not quite 3 years and 11 months is not quite 1 year. I can't see where there is a lack of common sense or that it's bizarre. Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 1, 2012 Share Posted December 1, 2012 (edited) Hi all, I was just playing around in my Skillselect account to see how the points are being calculated. According the Skillselect calculation DIAC would not give any points if for example 2 years + 11 months were worked overseas + 11 months in Australia in nominated occupation. I know according DIAC information it is split up in either overseas employment 3-5 years 5 points And Australian employment 1 year 5 points, but common sense would still grant 5 points for above scenario. Can someone confirm this? The whole migration procedure is getting even more bizarre. I don't see what is bizarre. This scenario does not provide one year in Australia so no Australia points and likewise there is not 3 years overseas, so no 5 points there either. All it takes is another is another month either on or offshore though .... so surely no big deal. Edited December 1, 2012 by Rupert Quote Link to comment Share on other sites More sharing options...
Franconian Posted December 2, 2012 Author Share Posted December 2, 2012 (edited) It would be work experience of 3 years and 10 months all together and would deserve 5 points in my opinion. Australian work experience counts more therefore it is split up in two sections, but not giving any points? It would have been good to hear back of a similar case and how DIAC handles it. So everybody agrees with the "state servant system"? Edited December 2, 2012 by Franconian Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 2, 2012 Share Posted December 2, 2012 (edited) It would be work experience of 3 years and 10 months all together and would deserve 5 points in my opinion. Australian work experience counts more therefore it is split up in two sections, but not giving any points? It would have been good to hear back of a similar case and how DIAC handles it. So everybody agrees with the "state servant system"? Just do (or tell whomever this applies to to do) another month! That is all it takes. To be honest what is the point of musing over what your opinion is, say my opinion is that 1 year 6 months, 3 weeks and 2 days should be enough for 5 points. So what. What is a state servant system? How does such a system apply to a visa applicant, who by definition is not a member of said state? Edited December 2, 2012 by Rupert Quote Link to comment Share on other sites More sharing options...
blossom Posted December 2, 2012 Share Posted December 2, 2012 It would be work experience of 3 years and 10 months all together and would deserve 5 points in my opinion. Australian work experience counts more therefore it is split up in two sections, but not giving any points? It would have been good to hear back of a similar case and how DIAC handles it. So everybody agrees with the "state servant system"? Yes I get what you are saying (I didn't the first two reads). You have over three years experiance, which should give you points, but as 11 months of it was in oz neither lot of work counts. I am assuming you are not in oz now to work an extra month? Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 2, 2012 Share Posted December 2, 2012 Yes I get what you are saying (I didn't the first two reads). You have over three years experiance, which should give you points, but as 11 months of it was in oz neither lot of work counts. I am assuming you are not in oz now to work an extra month? I get what they are saying too. But it still just takes another month, another month in Australia to make up 1 year or another month working overseas to qualify for 5 points that way. It really is not worth OP wanting to start a revolution over. Quote Link to comment Share on other sites More sharing options...
blossom Posted December 2, 2012 Share Posted December 2, 2012 It is an issue if they are not in Australia and can't do that extra month. Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 2, 2012 Share Posted December 2, 2012 It is an issue if they are not in Australia and can't do that extra month. But then they just do the other month overseas and make 2 yrs 11 months into 3 years and can still get 5 points. Quote Link to comment Share on other sites More sharing options...
Franconian Posted December 2, 2012 Author Share Posted December 2, 2012 @Rupert: It is an issue as I am in Australia on my 2nd Working Holiday Visa which runs out very soon so I am unable to complete the 12 months Australia work experience. I am already nominated for state sponsorship, the nomination is only valid until January 2013. After that I would have to re-apply and I think my chances are very little to get it again once offshore? My point is that giving points for work experience makes sense and just because a part was done overseas and another part in Oz seems to be ridiculous to me not giving any points. I just wanted to clarify this situation as I could not believe it. Apparently no points for work experience at all then for me. Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 2, 2012 Share Posted December 2, 2012 @Rupert:It is an issue as I am in Australia on my 2nd Working Holiday Visa which runs out very soon so I am unable to complete the 12 months Australia work experience. I am already nominated for state sponsorship, the nomination is only valid until January 2013. After that I would have to re-apply and I think my chances are very little to get it again once offshore? My point is that giving points for work experience makes sense and just because a part was done overseas and another part in Oz seems to be ridiculous to me not giving any points. I just wanted to clarify this situation as I could not believe it. Apparently no points for work experience at all then for me. And my point is that it is up to Australia to set the rules as it sees fit. Because other people have decided to work within those rules does not make them "state servants" or any other presumably derogatory term of your coosing because the rules don't suit you. Why did you apply for state sponsorship when you could not pass the points test? It is just as easy / difficult to obtain state sponsorship offshore as it is on, so perhaps you should have just waited until you qualify before applying. Can you make up your points any other way e.g. have you already got maximum IELTS points? If you have then, go back, work the extra month and then try again. Quote Link to comment Share on other sites More sharing options...
Franconian Posted December 2, 2012 Author Share Posted December 2, 2012 Why did I apply for state sponsorship? Because I was convinced to have enough points. I have more than 10 years experience in my occupation, but some of it was done more than 10 years ago. Additionally VETASSESS did not accept all of it to be closely related to the nominated occupation... I would have been 100% safe if DIAC would give work experience points for overseas+Australian employment combined. IELTS is an alternative, I was short by 0.5 points in one section to achieve the Band 8. Next available test will be on the 5th Jan, so a bit tight. It depends how quick the invitation in Skillselect will be lodged once I submit my EOI reference to the state. My current visa will expire on the 31 January. In case I wait for the IELTS in January and I do not get an invitation in Skillselect prior the 31 January could I apply for any kind of Bridging visa in order to stay onshore legally waiting for my Skillselect invite? Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 2, 2012 Share Posted December 2, 2012 Why did I apply for state sponsorship? Because I was convinced to have enough points. I have more than 10 years experience in my occupation, but some of it was done more than 10 years ago. Additionally VETASSESS did not accept all of it to be closely related to the nominated occupation... I would have been 100% safe if DIAC would give work experience points for overseas+Australian employment combined. IELTS is an alternative, I was short by 0.5 points in one section to achieve the Band 8. Next available test will be on the 5th Jan, so a bit tight. It depends how quick the invitation in Skillselect will be lodged once I submit my EOI reference to the state. My current visa will expire on the 31 January. In case I wait for the IELTS in January and I do not get an invitation in Skillselect prior the 31 January could I apply for any kind of Bridging visa in order to stay onshore legally waiting for my Skillselect invite? So looks like IELTS might be the way to go, can you get a test date in December even if it means travelling? I travelled for my IELTS test, made a weekend away of it. A bridging visa is there to bridge the gap between one visa expiring and another visa being granted / considered. Therefore you can only get a bridging visa if you have an application in the system, so not in the circumstances you describe no. Quote Link to comment Share on other sites More sharing options...
blossom Posted December 2, 2012 Share Posted December 2, 2012 It looks like you may indeed have to leave at the end of your visa and try to work your way back. I had to leave after my whv and it took me 8 years to get back, you should be a fair bit faster than that. Quote Link to comment Share on other sites More sharing options...
Franconian Posted December 2, 2012 Author Share Posted December 2, 2012 (edited) Thanks guys, Unfortunately there is no test date in December available. Because of Christmas there are only 2 tests, all Australia is booked. I might register for the 5th Jan then and pay for an intensive course in order to guarantee Band 8 this time :-) As soon as I did the IELTS I will forward my EOI reference to Victoria and hope to get the Skillselect invitation prior to my visa expiry on the 31 Jan. I read about a Bridging Visa C / this would be granted if you are in Australia without a substantive visa. So theoretically I could stay "illegally" and wait for my Skillselect invitation, once lodged I can be granted a Bridging visa C. Not a good way though... Edited December 2, 2012 by Franconian Quote Link to comment Share on other sites More sharing options...
blossom Posted December 2, 2012 Share Posted December 2, 2012 No you couldn't. My husband stayed illegally, he was banned from Australia for three years! There is no guarantee that you will even get an invite! And it could be months. You have to face the fact that you will most likely have to leave at the end of January. Quote Link to comment Share on other sites More sharing options...
Franconian Posted December 2, 2012 Author Share Posted December 2, 2012 I should be guaranteed that I will get an invite. I am already nominated by Victoria, I have 4 months time to accept by submitting my EOI reference to them. Even if my occupation will be taken off the list the nomination is honored for 4 months. I called them a while ago to confirm and apparently the invite will be as soon as they receive my EOI. According the DIAC website I could get a Bridging Visa C if I stayed and then apply for GSM visa. http://www.immi.gov.au/skilled/general-skilled-migration/bridging-visas.htm But of course nothing is really guaranteed... Quote Link to comment Share on other sites More sharing options...
Joebloggs Posted December 2, 2012 Share Posted December 2, 2012 I read about a Bridging Visa C / this would be granted if you are in Australia without a substantive visa. So theoretically I could stay "illegally" and wait for my Skillselect invitation, once lodged I can be granted a Bridging visa C. Not a good way though... You are having a laugh arn't you? Quote Link to comment Share on other sites More sharing options...
blossom Posted December 2, 2012 Share Posted December 2, 2012 No, that is if you are on a non substantive visa. You are on a substantive visa. You have to apply for some type of visa before your current one runs out. It is a bridge from one visa to another. You can't just have no visa and then apply for a bridging visa. You may have to apply for a tourist visa first. Quote Link to comment Share on other sites More sharing options...
Franconian Posted December 2, 2012 Author Share Posted December 2, 2012 I did not say it's a nice way, but it might work. I am on a substantive visa now and if I receive the invitation prior to my visa expiry / 31 Jan and lodge my 190 application I will automatically be granted a Bridging Visa A. Worst case scenario would be that I do not receive the invitation by the 31 Jan, then theoretically I could overstay and become unlawful/illegal. My substantive visa would have been expired. I hide in the basement until I receive my invite. Let's assume the invite will come in February, once I apply I should be granted a BVC. You end up on a BVC if you are – unlawful and you make an application for a substantive visa before you come to the attention of DIAC (before they find you) Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 2, 2012 Share Posted December 2, 2012 I did not say it's a nice way, but it might work. I am on a substantive visa now and if I receive the invitation prior to my visa expiry / 31 Jan and lodge my 190 application I will automatically be granted a Bridging Visa A. Worst case scenario would be that I do not receive the invitation by the 31 Jan, then theoretically I could overstay and become unlawful/illegal. My substantive visa would have been expired. I hide in the basement until I receive my invite. Let's assume the invite will come in February, once I apply I should be granted a BVC. You end up on a BVC if you are – unlawful and you make an application for a substantive visa before you come to the attention of DIAC (before they find you) Yes, if you get your invite and can lodge before the WHV expires then you get the bridging visa and all is sweet. The rest of your post is idiotic. Do you think Australian immigration do not know exactly when you entered and left the country? Going illegal when you are trying to apply for permanent residency, is a stupid idea. Why wouldn't you just leave and come back when you are legal. Quote Link to comment Share on other sites More sharing options...
blossom Posted December 2, 2012 Share Posted December 2, 2012 Did you not read the part about my husband getting a three year ban for over staying his visa???? You pop into immigration, say that you would like a tourist visa to travel around while you wait for your invitation and hope like hell they give it to you. There was a post on here not long ago by someone who's agent hadn't lodged their visa when they should have done. They ticked all the boxes but were having to leave the country and had received a three year ban as they had unknowingly over stayed their visa. If you carry on with your plan you will end up very sorry. But that is up to you. Quote Link to comment Share on other sites More sharing options...
plutology Posted December 3, 2012 Share Posted December 3, 2012 are you still working in Australia? why dont you just continue working and wait till complete 12 months ? Quote Link to comment Share on other sites More sharing options...
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