Suus Posted September 3, 2016 Share Posted September 3, 2016 Hi there, I was hoping somebody could answer the following question for me. My husband has just received a positive skill assessment from Vetassess, but for the points test advice they have given him only 2.1 years for his work experience. They don't count the first year of work experience after he finished his bachelor degree, because they only deemed him skilled after this year. I know this is only an advice and it's at the discretion of the DIBP (or the CO) to , but I was wondering if he could still claim 5 points for work experience as he has more than 3 years experience in his nominated occupation? He can provide enough evidence to prove this. We really need those extra 5 points as we would like to apply for South Australia SS in the high points category. So I really hope it will be a postive answer :-) Thanks in advance for any help in this matter. Quote Link to comment Share on other sites More sharing options...
SOMV Posted September 3, 2016 Share Posted September 3, 2016 Hi Suus, You can certainly claim the 5 points. And you are correct in that there is no requirement to use the points test advice. But you need to make sure that you have solid evidence of the "skilled" 3 years of work experience so that there is no reason for the Department to request the points advice (which they can choose to do). A very detailed reference, supplemented with evidence of pay and perhaps a contract of employment, should be fine. For your information, the State will not make any checks of this sort, they will simply assume that the points you are claiming on your EOI are correct. But the issue lies with the Department; you do not want to give the Department any reason to think that the years of skilled work experience you are claiming are incorrect. We almost never get clients to apply for a points advice, and the Department really does not tend to request them, unless they have a reason to believe that an individual may not have been skilled. But it is unusual for post qualification work experience to be questioned (I assume that the course/courses of study were relevant to the work and I assume that the work that you are claiming is at least 20 hours a week)? Best of luck! Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 4, 2016 Share Posted September 4, 2016 I was wondering if he could still claim 5 points for work experience as he has more than 3 years experience in his nominated occupation? From what you have posted, you would be heading for a visa refusal for over claiming points and you would then forfeit the visa application charges. I suggest that you consult a registered migration agent for advice about strategy. Quote Link to comment Share on other sites More sharing options...
Suus Posted September 4, 2016 Author Share Posted September 4, 2016 Thank you both for your reply, I really appreciate it. Unfortunately it doesn't seem clear cut as both answers are so different. From what I've read we have to submit all pages of the skill assessment, which includes the points test advice so the Department would have this information anyway, it's not something we can avoid I'm afraid. All the work experience we want to claim points for is post qualifications and full time. The qualifications were deemd highly relevant to the nominated occupation, and the work experience was in the exact nominated occupation and we have reference letters, contracts and payslips. it's all quite confusing and I would love to consult a migration agent but is it possible to just get advice about this one issue and strategy, or do have to complete the whole process with an agent? Thanks again! Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 5, 2016 Share Posted September 5, 2016 We almost never get clients to apply for a points advice, and the Department really does not tend to request them, unless they have a reason to believe that an individual may not have been skilled. Me either, but once they have stuck their head in the lions' mouth... Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 5, 2016 Share Posted September 5, 2016 Thank you both for your reply, I really appreciate it. Unfortunately it doesn't seem clear cut as both answers are so different. There are not essentially different. Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 6, 2016 Share Posted September 6, 2016 It can be noted that for some assessing bodies a points opinion is offered, even if not requested, and for some assessing bodies the points opinion cannot be separated from the skills assessment outcome. Do not request a points opinion, unless you know what the answer is going to be. Quote Link to comment Share on other sites More sharing options...
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