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'Time served' eligibility for ENS 186


BadgerLady

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I started work (457) with my current employer on 22 September 2014. So I was pretty delighted to finally reach my two-year mark and apply for nomination!

 

However I've today been told that I'm not eligible yet.

 

My work often involves going overseas. I'm a design researcher so I go to different countries for about a week at a time to conduct field research, as well as occasionally heading over to meet colleagues and clients in different locations. Nothing unusual - just standard business trips as part of a global company.

 

I've been told that every day I've spent working overseas now has to be deducted from my period of employment for the purposes of eligibility. So, if I spent 2.5 weeks meeting bank managers in the Solomon Islands, I now have to add 2.5 weeks onto my 24 months. In my case, the total 'add on' is 97 days which would take me well past Christmas, and would be extended further every time I take another trip.

 

I'm shocked because this is the first I've ever heard of such a rule. It's never come up in my previous questions or in my research. Where has it come from? Is it real, and how can I double-check that this really is a requirement?

 

I just want to get on with this thing :-(

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I'd be getting a migration agent to assess your eligibility. If you've been working for the business the whole time, and the overseas trips were directly relevant to your nominated occupation, and you were paid your salary while away, it's likely they would be counted as time worked for this purpose. However these situations are assessed on an individual basis.

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Thanks!

 

The argument given is that 'overseas work is not stated on the job description'. But all the above is certainly true - my employment with an Australian employer has been continuous and consistent. I have never had a break in salary, never had unpaid leave or even sick leave...

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I started work (457) with my current employer on 22 September 2014. So I was pretty delighted to finally reach my two-year mark and apply for nomination!

 

However I've today been told that I'm not eligible yet.

 

My work often involves going overseas. I'm a design researcher so I go to different countries for about a week at a time to conduct field research, as well as occasionally heading over to meet colleagues and clients in different locations. Nothing unusual - just standard business trips as part of a global company.

 

I've been told that every day I've spent working overseas now has to be deducted from my period of employment for the purposes of eligibility. So, if I spent 2.5 weeks meeting bank managers in the Solomon Islands, I now have to add 2.5 weeks onto my 24 months. In my case, the total 'add on' is 97 days which would take me well past Christmas, and would be extended further every time I take another trip.

 

I'm shocked because this is the first I've ever heard of such a rule. It's never come up in my previous questions or in my research. Where has it come from? Is it real, and how can I double-check that this really is a requirement?

 

I just want to get on with this thing :-(

 

There is very specific Policy in regards to exactly this issue. I would suggest that you either employ an expert in the field to prepare the application or wait the extra time. If not done correctly you could potentially be looking at a very expensive headache.

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