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189 Visa Refusal - Overseas Work Experience


Arnoldo

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Ok just got my letter/email of refusal for my 189 visa based on the fact that I haven't met the points for my invitation. All points were granted bar my overseas work. I have stated 5 years + work which is 10 points, however they aren't recognising my apprenticeship which was included in this time. I have TWO points however which I need some opinions and thoughts on:

 

1. They have quoted this to me:

 

TRA's document titled AUSTRALIAN RECOGNISED TRADE CERTIFICATE CRITERIAAND GUIDELINES states that "These Criteria and Guidelines specify the minimumrequirements you will need to meet to be considered eligible for an ARTC" and with respectto Ireland lists the following:

"The person must be at least 19 years of age and have:

1) completed successfully an apprenticeship in the electrical trades and been awarded aNational Craft Certificate1 by FAS (or AnCO as it was known previously); or,

2) according to the guidelines adopted from time to time by Central Trades Committees,satisfied a Skills Assessor who is an electrical tradesperson or a non#Electrical SkillsAssessor on the advice of a qualified electrical tradesperson, that the person:

a. has been employed for not less than 7 years on work ordinarily performed by an electricaltradesperson in that classification; and

b. is capable of performing the work of that classification in Australia."

 

Based on the foregoing I consider that you could not be deemed to be skilled in yournominated occupation until such time as you had successfully completed your four (4) yearapprenticeship.

 

 

 

 

My argument for this is that I actually have my ARTC certificate!!! How can they quote guidelines for a standard in which I have already been issued the certificate!!

 

 

2. My other point is that it states you can have:

 

 


  1. A closely related skilled occupation.
     
    An apprenticeship if it doesn't meet the requirements of A surely meets the requirements of B!
     

 

 

 

 

 

Do I have a case for the review board and has anyone else had this experience before? Im 5 points short of 60 but because I've stated 65 I need to be hitting the 65 (i.e. all 5+ years of experience overseas need recognised).

 

Thanks for any help! I know I should be able to get state sponsorship (190) but that involves me leaving the country and losing my job as I'm currently on a bridging visa.

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Only post qualified experience counts.

 

Just on this subject (sorry for hijacking the thread!). Do any of you know how this rule applies in relation to Chartered Accountants?

Specifically someone who has completed an honours degree in Accounting, and then completes their CA exams while working on a training contract for Big 4. Does the time spent working in practice count as skilled employment seeing as they already have an Accounting degree?

Or is it only their employment subsequent to their Chartered Accountant qualification that is counted?

 

Thanks in advance!

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Only post qualified experience counts.

 

 

That is not always the case, but work as an apprentice certainly does not count for migration points.

 

Any registered migration agent could have warned about this.

 

About 30% of my work is from DIY applicants who have slipped up in one way or another.

 

Some prospective applicants get half way and realize they are running into a brick wall and they have wasted money on skills assessments, IELTS test and whatever else, others lodge applications that are doomed and forfeit their visa application charge as well and others work through and are granted visas, but not the most advantageous visa.

 

Nobody knows all there is to know about this caper and anyone who thinks s/he does is seriously mistaken. I spend some time almost every day discussing aspects of cases (theirs and mine) with other registered migration agents.

 

In the OP's case any RMA could have advised that an application relying on 'apprentice' work experience points was doomed.

 

It is not our policy to take a consultation fee and then 'regret to advise' - you have no prospects. On the other hand paying a consultation fee thoroughgoing analysis that saves a prospective applicant from lodging a doomed application is certainly good value.

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Just on this subject (sorry for hijacking the thread!). Do any of you know how this rule applies in relation to Chartered Accountants?

Specifically someone who has completed an honours degree in Accounting, and then completes their CA exams while working on a training contract for Big 4. Does the time spent working in practice count as skilled employment seeing as they already have an Accounting degree?

 

Or is it only their employment subsequent to their Chartered Accountant qualification that is counted?

 

Thanks in advance!

 

Probably the former.

 

May I suggest you put the full particulars of your case to a registered migration agent for an opinion. There is at least one RMA who posts on this forum whom is also a qualified accountant.

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I have just joined in the form,hope will find my way around.My question may be similar to that of the CA though differing in fields

 

My brother has a bachelors degree in Electrical engineering.He has worked for 8 years as a Cathodic Protection Engineer in Dubai.

he wants to come over to Australia,the closest occupation listed is Electrical Engineer which lists tasks. Will this give him enough points for the points based migration or, he has to acquire experience as an electrical engineer.

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Probably the former.

 

May I suggest you put the full particulars of your case to a registered migration agent for an opinion. There is at least one RMA who posts on this forum whom is also a qualified accountant.

 

 

Thanks for your response - I will certainly look into it further.

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