Confused on how many EOI points I can claim for after skills assessment (ACS) deduction

[JamesB23]

Hello, I have received a positive skills assessment from ACS for my 3 years of work experience. They however deducted 2 of those years in order to deem me as skilled. I believed I could only claim EOI points for 1 of those years but I've seen this video which says this is not the case and they include this immigration department policy, just wondered what people's thoughts were on this as I am now confused on how many points I can claim? At around the 3:25 mark he specifically mentions ACS and how they deduct these years but I should still be able to claim EOI points for my whole 3 years.

Here is the immigration department policy included in the video:

Quote

If the skills assessing authority's opinion would result in the applicant being awarded less points than the applicant claimed in their EOI, then decision makers should consider the information in ANZSCO and apply the more beneficial outcome in determining when the applicant was working at a skilled level. The regulations require only that an applicant is employed in a nominated skilled occupation for a particular period of time. The provision does not require the applicant to have skills of a particular standard during that period of employment. The decision maker can consider whether the applicant is undertaking at least some of the duties prescribed for the position in ANZSCO, for example, if a client is claiming employment as a carpenter, the tasks they are undertaking are those of a carpenter.

 

[paulhand]

9 hours ago, JamesB23 said:

should consider the information in ANZSCO 

As a general comment, this is therefore your starting point … but I would proceed with caution if you intend to ‘over-claim’ against what the skills assessing authority concludes. I recommend that you get some professional assistance to review your situation. 

[Marisawright]

On 12/06/2022 at 08:26, JamesB23 said:

Hello, I have received a positive skills assessment from ACS for my 3 years of work experience. They however deducted 2 of those years in order to deem me as skilled. I believed I could only claim EOI points for 1 of those years but I've seen this video which says this is not the case

 

Yes and no.   The video quotes a document which says the Immigration Officer SHOULD apply the more beneficial outcome.

The question is whether they will, or whether a harried official will simply look at the skills assessment and decide you've over-claimed.  And if they do that, you don't get a chance to argue the toss.  I mean, I guess you could appeal, but you'll be waiting two or three years for a decision on that appeal and incurring legal costs. 

I assume you're not using an agent to save money.  If you're that short of funds, it seems crazy to risk losing the whole visa fee by putting in a debatable claim.  Remember, if you make even a small mistake in your visa application, they don't come back and ask, "did you mean....", they just reject the application and you've done your dough.

At the very least, I'd getting a good agent (like Paul Hand who posted above, or the guy in the video) and asking them to quote to (a) check over your completed application before you submit it and (b) offer advice on claiming the extra experience. They will have an idea of the success rate of previous clients.

In your shoes, though, I'd be engaging the agent to do the whole application for me.  This is just my personal opinion, not backed up by any research.  However, it's widely accepted in Australia that if you use a tax agent to submit your tax return, you're more likely to get debatable items approved.  Busy officers will go, "Oh, this has been done by a professional, I don't have to triple-check it".  I wonder if the same thing happens in Immigration.

[wrussell]

 how many points I can claim?

From what you have posted your points for work experience would be zero.

[wrussell]

The opinions of skills assessing authorities about work experience points are only advisdory and are not binding on immigration department delegates, as some applicants have found out the hard way. It is interseting that some unqualifed skills assessing authorities charge extra for giving points advice that looks to me to be 'immigration advice'. Perhaps it is not immigration advice when they offer it. At least they have the grace to confirm that their opinions are just that.