186 DE - 3 years relevant work experience meaning

[chef351311]

Hi guys, I don't know if this question has been posted before or not, but there seems to be a lot of confusion and misinformation about it, so I hope someone who applied and got granted 186 DE can answer my question.

What do the "3 years full time work experience" stand for? How is it calculated? Does it count experience before qualification? Does it count part-time contract experience? Does it count casual employment but doing full time hours? If anyone has a link to the legislation please post it, really appreciate it.

[LaurenUK]

Hi, 

Our understanding from our agent was for the work experience requirement, it has to be 3 year full time contracted employment with the sponsoring employer and any periods of unpaid leave wont be counted in the 3 year.  

[paulhand]

12 hours ago, chef351311 said:

If anyone has a link to the legislation please post it, really appreciate it.

The legislations says the following (so not much help):

186.243  

             (1)  The applicant has qualifications, experience and other attributes that are suitable for the position.

             (2)  The applicant has English language skills that are suitable to perform the occupation to which the position relates.

             (3)  Either:

                     (a)  the applicant has worked in the occupation to which the position relates or a related field for at least 3 years; or

                     (b)  the Minister considers that it is reasonable in the circumstances to disregard paragraph (a).

             (4)  If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the occupation to which the position relates, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.

Edited December 7, 2020 by paulhand

[paulhand]

3 hours ago, LaurenUK said:

Hi, 

Our understanding from our agent was for the work experience requirement, it has to be 3 year full time contracted employment with the sponsoring employer and any periods of unpaid leave wont be counted in the 3 year.  

This relates to the TRT stream, not the DE stream that OP enquired about.

[chef351311]

13 hours ago, LaurenUK said:

Hi, 

Our understanding from our agent was for the work experience requirement, it has to be 3 year full time contracted employment with the sponsoring employer and any periods of unpaid leave wont be counted in the 3 year.  

Yes that sounds like the TRT, not the Direct Entry

[chef351311]

9 hours ago, paulhand said:

The legislations says the following (so not much help):

186.243  

             (1)  The applicant has qualifications, experience and other attributes that are suitable for the position.

             (2)  The applicant has English language skills that are suitable to perform the occupation to which the position relates.

             (3)  Either:

                     (a)  the applicant has worked in the occupation to which the position relates or a related field for at least 3 years; or

                     (b)  the Minister considers that it is reasonable in the circumstances to disregard paragraph (a).

             (4)  If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the occupation to which the position relates, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.

Thanks for quoting the legislation paul.

To me it is fundamental to know exactly what that means, since there is lot of different information online. Knowing what that means can result in me being eligible to apply straight away or not..

[sky0117]

I believe the experience has to be assessed by an authority (different occupation has different authority) to show whether you've enough experience and each authority may have different requirements 

For ACS for example they basically take away the first two years of the work experience and start considering from the 3rd year. 

[Raul Senise]

On 07/12/2020 at 12:38, chef351311 said:

Hi guys, I don't know if this question has been posted before or not, but there seems to be a lot of confusion and misinformation about it, so I hope someone who applied and got granted 186 DE can answer my question.

What do the "3 years full time work experience" stand for? How is it calculated? Does it count experience before qualification? Does it count part-time contract experience? Does it count casual employment but doing full time hours? If anyone has a link to the legislation please post it, really appreciate it.

There is extensive Migration Policy detailing what experience can be claimed. If unsure, you would be best obtaining professional advice to assess your specific situation against the latest Regulations and Policy.

[chef351311]

On 08/12/2020 at 12:07, sky0117 said:

I believe the experience has to be assessed by an authority (different occupation has different authority) to show whether you've enough experience and each authority may have different requirements 

For ACS for example they basically take away the first two years of the work experience and start considering from the 3rd year. 

I have a skill assessment with VETASSESS as a chef, which required at least 3 years full time experience (part-time and casual counted), but the migration agent I am using says for the 186 DE can count part-time employment and full-time employment (not casual employment doing full time hours); also some agents say all employment counts as long as more than 35 hours a week have been worked, and others say only post-qualification employment counts..there is too much misinformation out there, I need to see the actua; laws, regulations and policies what they say

[chef351311]

On 08/12/2020 at 13:47, Raul Senise said:

There is extensive Migration Policy detailing what experience can be claimed. If unsure, you would be best obtaining professional advice to assess your specific situation against the latest Regulations and Policy.

Could you please link something attainable that does not have the same generic information that we normally get? Thanks. Also how long are you seeing the nominations for 482 visa taking to be approved at the moment?

[Marisawright]

7 minutes ago, chef351311 said:

Could you please link something attainable that does not have the same generic information that we normally get? Thanks. Also how long are you seeing the nominations for 482 visa taking to be approved at the moment?

To be fair, there is only so much information a migration agent is going to hand over free of charge.   Paul has linked to the information published by the government.  Google and you'll find various interpretations written by migration agencies but they are not all up to date or correct. 

If you want to know his professional opinion based on his extensive experience, then it's only fair you pay for it, just as I'm sure you expect to get paid for your expertise. 

I don't believe 482's are being processed at the moment, except for priority occupations (i.e. medical) because temp visa holders aren't being allowed into the country.

Edited December 9, 2020 by Marisawright

[Raul Senise]

9 minutes ago, chef351311 said:

Could you please link something attainable that does not have the same generic information that we normally get? Thanks. Also how long are you seeing the nominations for 482 visa taking to be approved at the moment?

The information is generic as it depends on the specific situation. If you want someone to assess your specific employment history against the latest Regulations and Policy, that is beyond the scope of a public forum.

482 nominations are very erratic at the moment and generally hospitality occupations are taking longer than most.

14 minutes ago, chef351311 said:

I have a skill assessment with VETASSESS as a chef, which required at least 3 years full time experience (part-time and casual counted), but the migration agent I am using says for the 186 DE can count part-time employment and full-time employment (not casual employment doing full time hours); also some agents say all employment counts as long as more than 35 hours a week have been worked, and others say only post-qualification employment counts..there is too much misinformation out there, I need to see the actua; laws, regulations and policies what they say

You are getting misinformation as your are trying to obtain answers to a complex issue using generic information. The Migration Regulations and Policy are not one size fits all, In regards to DE employment experience it can get quite tricky as there are specific instructions detailing what is considered skilled, what type of employment is accepted, etc. 

[chef351311]

40 minutes ago, Marisawright said:

To be fair, there is only so much information a migration agent is going to hand over free of charge.   Paul has linked to the information published by the government.  Google and you'll find various interpretations written by migration agencies but they are not all up to date or correct. 

If you want to know his professional opinion based on his extensive experience, then it's only fair you pay for it, just as I'm sure you expect to get paid for your expertise. 

I don't believe 482's are being processed at the moment, except for priority occupations (i.e. medical) because temp visa holders aren't being allowed into the country.

That is fair enough. I am onshore now just transferring my 457 visa to another employer.

[chef351311]

32 minutes ago, Raul Senise said:

The information is generic as it depends on the specific situation. If you want someone to assess your specific employment history against the latest Regulations and Policy, that is beyond the scope of a public forum.

482 nominations are very erratic at the moment and generally hospitality occupations are taking longer than most.

You are getting misinformation as your are trying to obtain answers to a complex issue using generic information. The Migration Regulations and Policy are not one size fits all, In regards to DE employment experience it can get quite tricky as there are specific instructions detailing what is considered skilled, what type of employment is accepted, etc. 

I appreciate you go beyond your abilities to help me clarify the matter.

[chef351311]

At the end I was looking for advice perhaps from a chef who got granted a 186 DE before, not really trying to push the boundaries from migration agents who kindly replied to my topic.

[paulhand]

4 hours ago, chef351311 said:

but the migration agent I am using says for the 186 DE can count part-time employment and full-time employment (not casual employment doing full time hours); also some agents say all employment counts as long as more than 35 hours a week have been worked, and others say only post-qualification employment counts..there is too much misinformation out there, I need to see the actua; laws, regulations and policies what they say

If you already have an RMA, why not ask them to share the policy document they are relying on for their advice? If they won’t do that, perhaps you need another advisor. The Act and Regulations are all freely available online (Austlii). Policy is a subscription service, but should be available at a local library.