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Skilled Migrant Visa and Work Experience...HELP!!

Last activity 30 August 2010 by whingingpom

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whingingpom

I am a high school teacher (UK qualified) and will have two years teaching experience (in Australia on a working holiday and then an employer sponsored visa) at the end of the year. I qualified in 2008 and so I have taught as much as I possibly can since then. Still my total experience adds up to two years. Will this be enough for the skilled migrant visa? The immigration website states three out of the past four years and other sources state two out of the past three?

Alternatively, are there any other routes to permanent residency?

Please help. Thank you

FF

fully-fashioned.blogspot.com

jb09

Hi FF,

The official website that you should be looking at to obtain correction information about the requirements is http://www.immi.gov.au   This is Australian Immigration's official website. Any other websites that you may view are companies that are offering a service to assist in the processing of specific visas. However, the information on those company websites may not be update to date since the Australian Immigration at anytime can make changes policies,etc.

I've pasted some direct url address in the website that has information that you need to review about the skilled migration visa. I believe you may have briefly reviewed this already? From personal experience since I have already been through the process of applying and later being granted the PR visa, the information you see in this website is what you need to follow.


http://www.immi.gov.au/skilled/general- … utside.htmhttp://www.immi.gov.au/skilled/sol/http://www.immi.gov.au/skilled/general- … licant.htm

There are a couple of things you need to check before you apply for the skilled migrant visa. I'm assuming you are interested in the Skilled Independent Visa 175?  For this visa, you do not have to have a company sponsor you to apply for this. You are applying yourself. If you are granted this visa, you will get a permanent resident visa which is valid for 5 years. After that, if you meet the residency requirements, you can apply for Australian citizenship if you choose. If not, you must apply for a return visa if you want to travel outside of Australia. All this information is in the website for you to review.

One thing to note is that once you submit for any visa application, there is no refund if you change your mind. Only in very special circumstances will the Australian Immigration will grant a refund. I don't know what these circumstances are.  But just make sure if you do change your mind that you are prepared to not get a refund. For this reason, it's best that in your initial research, you do meet the 120 points test mark and that your skills qualifications have been assessed by the Assessing Authority of your specific occupation.

If you fall below 120 points and above 100 points, you will be put in a waiting pool for about 2 years until you can increase the points to 120 points. If you fall below 100 points, your application will be denied.

But before you think about how many points you need to qualify, have you checked if your specific occupation is on the list of Skilled Occupation List (SOL)? Just this past July, there was a change in the list and there are 4 schedules. You must choose the one that applies to your specific situation. If you don't see your occupation in the list, then you are not eligible to apply for this visa.

If your occupation is on the list, then you are eligible to apply for this visa. Based on your calculation that you do meet the 120 points pass mark, then your next step is to have your skills assessed by the assessing authority. There is a fee for this. You will receive a letter confirming if your skills are recognized in Australia. There should be a code in this letter that you will need to document in your visa application. This is a requirement for this visa application. 

One last thing. The work experience to qualify should be in your specified occupation - 3 out of the 4 years,etc.

You mentioned below that you will later on have an employer sponsored visa. If that is the case, can't you inquire from that employer of how to obtain the permanent resident visa?  There is a another list called Employer Nomination Scheme Occupation List (ENSOL) that lists a bunch of occupations that employers can nominate people. There is more information in the website about this.

If you still have questions, you can visit an Australian Immigration office if you live near the Australian cities found in the website link below. I visited the Sydney office last year while vacationing accompanying someone else for their visa questions. You don't need to make an appointment. Just pick a number and wait until one of the immigration reps calls your number. Then you can ask them any questions that you may have. Just a note that from my experience in visiting the office, the immigration officer references the website to find the information that is being asked. So this means, most of the questions that people have can be found in the website directly. You may not hear anything different than what you see in the website. However, there might be issues for some people that have complicated situations.

http://www.immi.gov.au/contacts/australia/

Good luck!

Kat48

Hi there,
Without knowing what type of visa you currently hold or what you are planning to apply for, I suggest that a Subclass 175 – Skilled Independent (Migrant) visa would be appropriate.  Note, however, that while you can be in Australia at the time of application (unless you have either condition 8503 or 8535, or another condition on your current visa that prevents you from making a further application to remain in Australia.), you must be out of Australia at the time the visa is issued.  DIAC will advise you of this at around the time the visa is about to be issued (should you qualify).

The Regulations for a subclass 175 visa state:

“Criteria to be satisfied at time of application
175.211      (1) If the applicant has nominated a skilled occupation which is specified by the Minister in an instrument in writing for this subclause, the applicant has been employed in the skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made.”.  This is the first requirement you have to meet, i.e. recent work experience.

In terms of the perceived discrepancy regarding how many years of work experience you need, the Points Test looks at both Recent Work Experience and Specific Work Experience.  To meet the recent work experience requirement, you must demonstrate that you have been employed:

•    in an occupation listed on the Skilled Occupation List (SOL)

•    for at least 20 hours a week
•    in a paid position

for at least 12 of the 24 months immediately before lodging your visa application.  This is in line with the Regulation I quoted above.

However, you must also achieve 120 points on the Points Test.  Recent/Australian work experience does not give you any points.  The Points Test refers to specific work experience, whereby someone gains the most points if their nominated occupation is:

•    worth 60 points (which yours is)
and
•    they have been employed in their nominated occupation, or a closely related occupation listed on the SOL, for at least three (3) of the four (4) years before the day of their application.

Here is the Points Test link to the Subclass 175 visa: http://www.immi.gov.au/skilled/general- … licant.htm

If you are currently on an employer-sponsored visa, this should last you for four years shouldn’t it?  If so, that gives you enough time to gain the 3-4 yrs experience you need to meet the Points Test.  Or, are you planning to leave your current employer??

Kat

whingingpom

Ah ha! I get it now. Thank you both very much for your thorough answers- very helpful!

You need the two years of work experience before they'll even read your application but you only get points if you have worked for three! I see, well it looks like I may well be sitting the English Language Exam if my contract is not renewed!

FF :)

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