ENS 186 Direct Entry Stream - Interpretation of Post Qualification 3 years work experience

[rebecca2000]

Greetings everybody.

 

Finally I am about to apply for the 186 ENS visa in the direct entry stream. My employer has agreed to sponsor me. That is a good news. However, while going through the nitty gritties, I have been pointed out a clause in the Booklet 5, which says that the experience needs to be "3 years post qualification work experince".

 

I have few queries for all the knowledgable people on this site.

 

 

1. How is the clause of post-qualification interpreted in reference to work experience? My occupation (ICT customer support) requires a Diploma according to ANZSCO code definition on ABS. I completed a degree (however in unrelated field) in 2000. I have been working on and off as IT support officer/executive since 2001 and hence got the necessary 3 years experience. Will my degree be acknowledged as fulfilling the requirement of the qualification, which is higher than a Diploma? As for the requirement of TRA, I completed a Diploma in IT in the year 2010 and subsequently did a JRP for a year and got my skill assessment completed successfully from TRA. I have also undergone training with different employers to qualify myself as suitable to perform the tasks at each of the employments.
   
2. What is the definition of number of hours for a full time work in relation to 186 Direct entry stream? For the "Temporary Residence Transition" stream it is defined as 35 hours. However for the "Direct Entry Stream" there doesnt seem to be any mention of the hours in the Booklet 5. While part of my experience has been overseas, some (2 years) of my relevant experience has been in Australia where one of my employment was 35 Hrs/week. I hope this is not a concern.
   

 

Anybody who can throw light on these points will make my day.

 

cheers

[rebecca2000]

Anybody with with any idea?

[Rupert]

Afraid the website seems to be down at the moment, so cannot have a read of the immigration website at the moment. However if it states that you need three years PQ experience then I would expect that to be in the relevant qualification, not an unrelated degree.

[wrussell]

The information provided in DIAC publications, including their various booklets and their website is not the law and is simplistic, often misleading and sometimes wrong.

[blossom]

The information provided in DIAC publications, including their various booklets and their website is not the law and is simplistic, often misleading and sometimes wrong.

Maybe a hint at what it right might be nice for the op?

[rebecca2000]

The information provided in DIAC publications, including their various booklets and their website is not the law and is simplistic, often misleading and sometimes wrong.

 

I completely agree with you and hence looking for some knowledgebale explanation of this issue. I believe the austlii.edu.au site provides details of the correct law but I am unable to locate the exact section which explains the requirements for 186. If you can help with this, will be a great help for me as I am running out of time.

[wrussell]

I completely agree with you and hence looking for some knowledgebale explanation of this issue. I believe the austlii.edu.au site provides details of the correct law but I am unable to locate the exact section which explains the requirements for 186. If you can help with this, will be a great help for me as I am running out of time.

 

The relevant terms are not well defined, or not defined at all in the regulations. It would come down to a question of whether 'closely related' (undefined term) employment had been undertaken for a qualifying period. You might want to Google Schedule 6D for the applicable law. It is not possible without undertaking a detailed assessment to offer a professional opinion about which (if any) periods of employment could be, or should, be claimed. If you claim too many a visa refusal is automatic. It is entirely a matter for the DIAC case officer to decide when an applicant was (by virtue of qualifications, training and work experience) performing relevant duties at the expected skill level. There is no easy answer. May I suggest that you consult an experienced registered migration agent for an opinion. All the registered migration agents who regularly post on this forum are OK.

 

You can find the DIAC policy on this and other issues (such as it is) in PAM 3 which is publicly available on a subscription service$800 a year (Google - LEGENDcom)

 

All the best

[rebecca2000]

Thanks Russell. That was a great help to find some stuff on the net (google search... public domain) and put my mind at rest. Unfortunately the immigration agent is appointed by the employer and I dont have much say in it.

 

I am very confident that I have worked in relevant field and that can be established by the letters from the employers including my current sponsoring employer where I am working for than 1 year. Over and above that, I have an assessment by TRA to certify my suitability for the occupation. What baffles me is that on one hand immigration establishes these assessing bodies to assess the suitability of a person for an occupation and then wants to go beyond that in assessing further experince etc!!! It seems to be duplication of effort and waste of resources. Anyway, that is beyond the scope of this thread.

 

Thanks to you, whatever I can find in the doc "Migration Amendment Regulation 2012" there is no mention of "Post Qualification" experience. We will go ahead and lodge the visa tomorrow.

[lawa]

Thanks Russell. That was a great help to find some stuff on the net (google search... public domain) and put my mind at rest. Unfortunately the immigration agent is appointed by the employer and I dont have much say in it.

 

I am very confident that I have worked in relevant field and that can be established by the letters from the employers including my current sponsoring employer where I am working for than 1 year. Over and above that, I have an assessment by TRA to certify my suitability for the occupation. What baffles me is that on one hand immigration establishes these assessing bodies to assess the suitability of a person for an occupation and then wants to go beyond that in assessing further experince etc!!! It seems to be duplication of effort and waste of resources. Anyway, that is beyond the scope of this thread.

 

Thanks to you, whatever I can find in the doc "Migration Amendment Regulation 2012" there is no mention of "Post Qualification" experience. We will go ahead and lodge the visa tomorrow.

 

Hey rebecca2000,

 

how did you go with your application? did you hear anything from DIAC? i'm in same condition and trying to apply for ENS. Would love to hear any feedback from you.

[Biggy]

Thanks Russell. That was a great help to find some stuff on the net (google search... public domain) and put my mind at rest. Unfortunately the immigration agent is appointed by the employer and I dont have much say in it.

 

I am very confident that I have worked in relevant field and that can be established by the letters from the employers including my current sponsoring employer where I am working for than 1 year. Over and above that, I have an assessment by TRA to certify my suitability for the occupation. What baffles me is that on one hand immigration establishes these assessing bodies to assess the suitability of a person for an occupation and then wants to go beyond that in assessing further experince etc!!! It seems to be duplication of effort and waste of resources. Anyway, that is beyond the scope of this thread.

 

Thanks to you, whatever I can find in the doc "Migration Amendment Regulation 2012" there is no mention of "Post Qualification" experience. We will go ahead and lodge the visa tomorrow.

 

Hi Rebecca,

 

I have been concerned about this as well but my agent said I shouldn't worry about it. I have been in my occupation for 10 years and recently received an AQF Certificate III through RPL (recognition of prior learning). I have had my skills approved from the TRA but when I spotted the 3 years post qualification exp. I only have 6 months of this under my belt. I have been working in my occupation in Australia for 7 years and now in the process of ENS 186 from offshore. I hope everything goes to plan for both of us.

[Raul Senise]

This is currently a contentious issue.

 

Prior to 1 July the Regulations simply stated the applicant has been employed in the occupation for at least 3 years.

 

Post 1 July the Regulations have been amended and now state that the 3 years employment must be at the level of skill required for the occupation.

 

The specific Regulations are further detailed in Policy, but currently the Policy is ambiguous and not definitive.

 

Although booklet 5 refers to post qualification experience, neither the current Regulations or Policy use this term.

 

As Westly states, it is not possible to give cogent advice on this issue without undertaking a detailed assessment of the specific case.

[Malray]

Hi biggy

 

Mine was assessed as a RPL and I do not have post experience however I have a total of 10 years experience in the same level..

However i have done a relevant diploma equivalent in October 2013.

My employer is willing to sponsor me under 186 visa but I don't know if the posy experience thing is gonna effect mh application..

 

Would like to get some advise from you ?

 

Thanks

Ray