Ryso Posted December 21, 2013 Share Posted December 21, 2013 Hi everyone, I've not posted in a while and was just looking for some advice regarding Work experience. I have again after the third attempt this year at Ielts I have failed by a half mark in one section. First time writing second time in reading and now writing again ???? Anyhow no point worrying about it if necessary I will need resit but I am fed up its seems more like a game than a test. I was just wondering if anyone knew the rules on claiming points for work experience as I will have 3 years work experience at the end of January however I have been off on maternity leave since August so not sure how that works ? Any help is as always gratefully appreciated Link to comment Share on other sites More sharing options...
Rupert Posted December 21, 2013 Share Posted December 21, 2013 Well if you have been off .. then it isn't work experience is it? Link to comment Share on other sites More sharing options...
Adam Grey Posted December 21, 2013 Share Posted December 21, 2013 Hi everyone, I've not posted in a while and was just looking for some advice regarding Work experience. I have again after the third attempt this year at Ielts I have failed by a half mark in one section. First time writing second time in reading and now writing again ???? Anyhow no point worrying about it if necessary I will need resit but I am fed up its seems more like a game than a test. I was just wondering if anyone knew the rules on claiming points for work experience as I will have 3 years work experience at the end of January however I have been off on maternity leave since August so not sure how that works ? Any help is as always gratefully appreciated It really depends upon the details of the maternity leave. Fully paid leave may be considered as counting towards work experience, whereas unpaid leave would not. Link to comment Share on other sites More sharing options...
Quinkla Posted December 21, 2013 Share Posted December 21, 2013 Morally it should not count towards work experience but also not count as a gap in employment - sort of like the clock stopping. But I suspect the legal answer is that maternity leave would count as you are still in employment in a specific post. Probably one for lawyers to advise on. Link to comment Share on other sites More sharing options...
Johndoe Posted December 21, 2013 Share Posted December 21, 2013 Well if you have been off .. then it isn't work experience is it? My understanding is that work experience is based on employment served in a specific occupation..............if you are on maternity leave you are still employed in that occupation. Link to comment Share on other sites More sharing options...
JenPen Posted December 21, 2013 Share Posted December 21, 2013 I believe so yes as already said you are still an employee and you have a job title, however, if you decided not to return to that job - your official employment would end at the start of your maternity leave if that makes sense. Link to comment Share on other sites More sharing options...
Rupert Posted December 21, 2013 Share Posted December 21, 2013 My understanding is that work experience is based on employment served in a specific occupation..............if you are on maternity leave you are still employed in that occupation. I looked something up for somebody very recently (on immigration) and it specifically said that gaps for maternity leave were not included in the work experience. Unfortunately I can't remember where I read it and it could have been in relation to one of the skills assessments, I will have to look for it again later. Link to comment Share on other sites More sharing options...
blossom Posted December 21, 2013 Share Posted December 21, 2013 I looked something up for somebody very recently (on immigration) and it specifically said that gaps for maternity leave were not included in the work experience. Unfortunately I can't remember where I read it and it could have been in relation to one of the skills assessments, I will have to look for it again later. I'm pretty sure I've seen that somewhere before too, although mine was a few years ago when I was trying to decide if I should try for a baby then. I didn't because it wouldn't have counted (although I didn't end up coming in on that job, so was irrelevant in the end). Link to comment Share on other sites More sharing options...
kellyv Posted December 21, 2013 Share Posted December 21, 2013 I am using an agent and it seems clear to me that mat leave does NOT count as experience. Link to comment Share on other sites More sharing options...
Quinkla Posted December 22, 2013 Share Posted December 22, 2013 If Rupert says she has seen a statement from DIBP saying that it doesn't count then that's good enough to persuade me. No need to dig out the actual reference - the OP can do that if she is so inclined. Link to comment Share on other sites More sharing options...
Rupert Posted December 22, 2013 Share Posted December 22, 2013 If Rupert says she has seen a statement from DIBP saying that it doesn't count then that's good enough to persuade me. No need to dig out the actual reference - the OP can do that if she is so inclined. Well to be honest, I am not 100pc, but I did read something about maternity leave just a few days ago, I just cannot remember exactly what that situation was. And I haven't been able to find it again. Link to comment Share on other sites More sharing options...
Ryso Posted December 22, 2013 Author Share Posted December 22, 2013 Thank you all for your help. I have had a read of booklet 6 and it says to claim 5 points you need to have been employed for 3 years in your nominated occupation which I will have been come January I've had a look for further information on specific conditions such as maternity leave ect . I'll keep looking and maybe even contact them myself for clarification. Although as I said it probably be quicker to resit the Ielts again for the 10 points. Thanks again folks x Link to comment Share on other sites More sharing options...
Rupert Posted December 22, 2013 Share Posted December 22, 2013 Thank you all for your help. I have had a read of booklet 6 and it says to claim 5 points you need to have been employed for 3 years in your nominated occupation which I will have been come January I've had a look for further information on specific conditions such as maternity leave ect . I'll keep looking and maybe even contact them myself for clarification. Although as I said it probably be quicker to resit the Ielts again for the 10 points. Thanks again folks x Was it paid maternity leave? All work experience needs to be paid to be counted. Link to comment Share on other sites More sharing options...
Ryso Posted December 22, 2013 Author Share Posted December 22, 2013 Yes it's is paid and I will definitely be returning to work. Thanks again x Link to comment Share on other sites More sharing options...
lebourvellec Posted December 22, 2013 Share Posted December 22, 2013 Working at least 20 hours a week ‘Working for at least 20 hours a week’ means 20 hours paid work each week. You may also meet this requirement where your employment provides for variable hours of work that extend beyond a week such as some shift workers and fly in fly out workers. http://www.immi.gov.au/Visas/Pages/189.aspx Skilled employment It would be a grey area to include maternity leave as work experience - as you are not actually working, at least 20 hrs per week, regardless if you are getting paid. Also statutory maternity pay would not constitute being paid work, not many employers pay full pay for maternity leave. Your are required to provide payslips, P60 and bank statements to prove work experience - it will state statutory maternity pay, on payslips and P60. If your work experience claims are not assessed to meet the 3 years your application will fail, and you will lose the whole application fee. Link to comment Share on other sites More sharing options...
Quinkla Posted December 22, 2013 Share Posted December 22, 2013 Page 8 of the Skilled Migration booklet says of work experience: "In both cases, this period of employment must have been accrued when you were in the workplace. This includes any extended paid leave such as maternity or other family leave." So this seems to be definitive - paid maternity leave does count towards work experience. Link to comment Share on other sites More sharing options...
lebourvellec Posted December 23, 2013 Share Posted December 23, 2013 http://www.immi.gov.au/allforms/booklets/1119.pdf ?? Page 8 is blank on the current skilled migration booklet. Link to comment Share on other sites More sharing options...
lebourvellec Posted December 23, 2013 Share Posted December 23, 2013 Page 8 of the Skilled Migration booklet says of work experience: "In both cases, this period of employment must have been accrued when you were in the workplace. This includes any extended paid leave such as maternity or other family leave." So this seems to be definitive - paid maternity leave does count towards work experience. The immigration booklet you are referring to is from 2011, and for 175/176 visas which do not exist to new applicants anymore. Link to comment Share on other sites More sharing options...
Quinkla Posted December 23, 2013 Share Posted December 23, 2013 The immigration booklet you are referring to is from 2011, and for 175/176 visas which do not exist to new applicants anymore. You are right, I hadn't spotted it was an out of date booklet. But since the statement in it is clear, and since the new booklets are silent on the subject of maternity leave, it is reasonable to assume that the earlier policy applies. For info - here's the reference to the old booklet: http://www.immi.gov.au/skilled/general-skilled-migration/pdf/pre-july2011-booklet-6.pdf Link to comment Share on other sites More sharing options...
Rupert Posted December 23, 2013 Share Posted December 23, 2013 On balance, I think I would not take the risk of counting it. Not unless I was lodging an application with a registered migration agent who assured me that it would be ok. Taking IELTS again seems a far safer bet to me. Link to comment Share on other sites More sharing options...
lebourvellec Posted December 23, 2013 Share Posted December 23, 2013 You are right, I hadn't spotted it was an out of date booklet. But since the statement in it is clear, and since the new booklets are silent on the subject of maternity leave, it is reasonable to assume that the earlier policy applies. For info - here's the reference to the old booklet: http://www.immi.gov.au/skilled/general-skilled-migration/pdf/pre-july2011-booklet-6.pdf Old policy stated that you required to have 12 months recent work experience out of 24 months immediately before applying and maternity leave could not be used to meet this requirement. I don't know many employers who pay full pay for maternity leave. Statutory maternity pay of £136 per week is only paid due to national insurance contributions. I would not be assuming migration regulations for visas that don't even exist any more as being relevant. Link to comment Share on other sites More sharing options...
Ryso Posted December 23, 2013 Author Share Posted December 23, 2013 Thank you all again for your help. I work for the NHS and they have a really good Maternity policy full wages for first 8 weeks then half plus SMP for the remainder although i think there is an option to taker longer with less but I have not opted to do this . I intend to be fully honest with immigration and if its not included then thats fine I have no problem with that. I have also sent a email enquiry to DIAC although not sure if they are to busy to answer individual queries but thought it was worth a try x Thank you all again for taking the time to read and reply to my post x Link to comment Share on other sites More sharing options...
Alan Collett Posted December 23, 2013 Share Posted December 23, 2013 I would not be assuming migration regulations for visas that don't even exist any more as being relevant. => Absolutely. The guess work on this thread really doesn't help the OP. If in doubt, speak with a professional who can give you an answer on which you can rely. Best regards. Link to comment Share on other sites More sharing options...
Quinkla Posted December 23, 2013 Share Posted December 23, 2013 The guess work on this thread really doesn't help the OP. If in doubt, speak with a professional who can give you an answer on which you can rely. But the guesswork is because there seems to be no definitive answer. If there were lots of case law, we would have found it. How would a professional know the answer to a question which seems unknowable? Link to comment Share on other sites More sharing options...
Alan Collett Posted December 23, 2013 Share Posted December 23, 2013 How would a professional know the answer to a question which seems unknowable? => Because we professionals deal with issues such as this for our clients, whereas those who have only ever dealt with their own visa application have to rely on their own experiences (valuable as they might be), anectdotal commentary on internet forums (ditto), or internet based searching for answers. => And ... most of us giving migration advice professionally have access to the same Department policy material that is used by case officers. Happy Xmas! Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.