ASHGOON Posted October 30, 2013 Share Posted October 30, 2013 Hey all I am applying for permanent residency, and at present i have a 457 visa based on an application done by my previous company, which got accepted. however that was for a "software & app programmer nec" which is nothing like the job i do, but for whatever reason was accepted! now however, my migration consultant is telling me that i need to use the same code for my PR application, as otherwise they will question what/why i have been here on a visa that had nothing to do with my job. i have told her there is no way i can stick with the existing code - she has no real knowledge of IT and so is asking whether i can somehow link my work experience to the existing code - and i can't see how i can (i'm more of a "computer network and system engineer" code). the 457 job code itself doesn't exist in the new ANZSCO list, but there is still a "software & app programmer" which would be the code i would probably have to use. so what should i do in terms of which code to use going forward? my gut feeling is to use the network code as that fits what i do, and the ACS would know in a heartbeat that my job has nothing to do with the programmer code. however the migration consultant is very reluctant to swap 1 for another and hinted that this could cause problems with my existing visa being questioned... any thoughts/help??! thanks in advance.. Link to comment Share on other sites More sharing options...
Raul Senise Posted October 30, 2013 Share Posted October 30, 2013 This is a problem which I have seen before as it appears that the Immigration Department has little experience on what IT people actually do and approved almost any IT occupation for a 457. Software and Applications Programmers NEC is on the new ANZSCO (261399) but is an occupation which is so obscure that even ANZSCO states that “No occupations have currently been identified for this residual category”. It falls under the ANZSCO group of SOFTWARE AND APPLICATIONS PROGRAMMERS which includes Analyst Programmer, Developer Programmer, etc. The solution going forward will depend on what visa you are applying for. Link to comment Share on other sites More sharing options...
ASHGOON Posted October 30, 2013 Author Share Posted October 30, 2013 Hi Raul thanks for your comments. I believe i am getting a co sponsored 186 visa, although it may also be a 189 depending on whether they agree! Does that make any difference then? Yes i noticed it on the web page, but it wasn't in the pdf that i downloaded from the website (although the code is still there, the job now no longer has the NEC at the end). Link to comment Share on other sites More sharing options...
ASHGOON Posted October 31, 2013 Author Share Posted October 31, 2013 hello, anyone..? Link to comment Share on other sites More sharing options...
blossom Posted October 31, 2013 Share Posted October 31, 2013 Why did you apply under a different job to what you were to be doing? Link to comment Share on other sites More sharing options...
Rupert Posted October 31, 2013 Share Posted October 31, 2013 hello, anyone..? I expect nobody has answered because nobody understands why you applied for the first 457 under an incorrect occupation code. I thought this was a big no. Sounds like it has come back to bite you, providing incorrect information on an application can do that. Link to comment Share on other sites More sharing options...
ASHGOON Posted October 31, 2013 Author Share Posted October 31, 2013 I expect nobody has answered because nobody understands why you applied for the first 457 under an incorrect occupation code. I thought this was a big no. Sounds like it has come back to bite you, providing incorrect information on an application can do that. Sorry, thats not true - all of the visa stuff was taken care of the company who offered me a job. it was all done in a couple of months, we weren't even looking to come to oz, but once the job was offered and i accepted, everything moved quickly to the point that i was in sydney 3 months after the 1st interview.. so i was not aware/not appreciative of the process, and at that point frankly didn't care as we had enough to sort out in the 3 months we had. the company had a migration company take care of everything so apart from supply paperwork i didn't have to apply for anything on my own. hence the situation i am in. i stated that in my OP that the company did the whole application. so, anyone able to provide thoughts on this? Link to comment Share on other sites More sharing options...
blossom Posted October 31, 2013 Share Posted October 31, 2013 Well. It sounds like your agent is right. You are already breaking your visa conditions by working in a different job. I'd do whatever they tell you to avoid any repercussions. Link to comment Share on other sites More sharing options...
ASHGOON Posted October 31, 2013 Author Share Posted October 31, 2013 Well. It sounds like your agent is right. You are already breaking your visa conditions by working in a different job. I'd do whatever they tell you to avoid any repercussions. so, the problem i have is that the agent is the one being provided by my company. however, she has no understanding of IT and thus can't differentiate between the various types of anzsco code. so it makes life difficult trying to explain to her that on the 1 hand, if i use my existing code someone with any knowledge will see straight away that i am not what my visa states, and on the other, if i switch to what my skill actually is which is a listed skill, someone could feasibly question why i am on a visa for a job i don't do. i am contemplating getting advice from another migration consultant (ABA aka Raul looks a good bet!), but i thought i'd ask to see if anyone had any ideas on this, because as Raul stated, this is not uncommon in the IT field, as there are so many different categories.. Link to comment Share on other sites More sharing options...
blossom Posted November 1, 2013 Share Posted November 1, 2013 Yep, I'd give raul a call. :-) Link to comment Share on other sites More sharing options...
Raul Senise Posted November 1, 2013 Share Posted November 1, 2013 Hi Raul thanks for your comments. I believe i am getting a co sponsored 186 visa, although it may also be a 189 depending on whether they agree! Does that make any difference then? Yes i noticed it on the web page, but it wasn't in the pdf that i downloaded from the website (although the code is still there, the job now no longer has the NEC at the end). Sorry Ashgoon, but it is difficult to offer further comment on a complex matter based on such little information. Either a 186 or 189 may be possible depending on the specifics. A 189 would avoid the ANZSCO discrepancy more than a 186. Link to comment Share on other sites More sharing options...
jitarora Posted April 8, 2015 Share Posted April 8, 2015 Hi ASHGOON, I am having the same problem, my 457 ANZSCO is ICT Business Analyst (done by my employer) and I did not had any idea what was it at the time of 457 application. Now I want to do 189, but all my roles and duties matches to ANZSCO of Software Engineer, even my designations. Could you please let me know how did you sort this out for yourself? Thanks, Jit Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 8, 2015 Share Posted April 8, 2015 If you can get a positive skills assessment from the ACS as a Software Engineer (261313) and 60 points, you will be able to submit an EOI for a 189 but you will only be able to claim work experience points for experience in one of the 2613 unit group occupations i.e. 261311 Analyst Programmer, 261312 Developer Programmer , 261313 Software Engineer or 261399 Software and Applications Programmers nec. If your Australian experience has all been on a 457 for which you were nominated as an ICT Business Analyst (unit group 2611), I don't think it would be a very good idea to claim any of that. If you haven't been working as a 261111 ICT Business Analyst , you have not complied with the conditions of your 457. Link to comment Share on other sites More sharing options...
ST1010 Posted November 14, 2017 Share Posted November 14, 2017 On 4/8/2015 at 14:49, jitarora said: Hi ASHGOON, I am having the same problem, my 457 ANZSCO is ICT Business Analyst (done by my employer) and I did not had any idea what was it at the time of 457 application. Now I want to do 189, but all my roles and duties matches to ANZSCO of Software Engineer, even my designations. Could you please let me know how did you sort this out for yourself? Thanks, Jit Hi jitarora, I'm facing the same issue as your's. Please let me know how did you sorted out this. Have you claimed the points for Australia Experience. Looking forward for your prompt response. Thanks, ST Link to comment Share on other sites More sharing options...
jitarora Posted November 14, 2017 Share Posted November 14, 2017 Hi ST, sorry mate, can’t help much here as I went for 186 with my employer. But, in my view, all you need to do is line up your resume with the R&R of the ANZSCO code and preferably get documents from your employers with similar R&R, if you can’t get docs from employers, then go for stat dec from your present or ex-colleagues. You can also attach cover letters/supporting documents mentioning that your employers follow different designations which is not directly related to R&R. Good luck Jit Link to comment Share on other sites More sharing options...
ST1010 Posted November 14, 2017 Share Posted November 14, 2017 26 minutes ago, jitarora said: Hi ST, sorry mate, can’t help much here as I went for 186 with my employer. But, in my view, all you need to do is line up your resume with the R&R of the ANZSCO code and preferably get documents from your employers with similar R&R, if you can’t get docs from employers, then go for stat dec from your present or ex-colleagues. You can also attach cover letters/supporting documents mentioning that your employers follow different designations which is not directly related to R&R. Good luck Jit Thanks Jit. Link to comment Share on other sites More sharing options...
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