Hi all,

Currently in the process of waiting for a submitted EOI to be invited, but have some uncertainty around claiming my skilled employment.

I have a skills assessment from Engineers Australia that confirms my qualification aligns with my ANZSCO code and also notes my 10 years of skilled employment related to this.

I received my degree in 2022 however have been working in a role that EA have confirmed as relevant skilled employment for 10 years.

My question is, can I claim this as skilled employment in my EOI? There seems to be conflicting information on this so was hoping for someone with a similar issue.

Thanks!

No, you can't. Best to consult with an immigration lawyer.

 

Do you know where I can find this officially? I can’t find anything on the immigration website.

 

All relevant to the ANZCO code experience in the last 10 years can count, but any relevant experience before you are deemed to be skilled will be subject to a higher level of scrutiny and thus you increase the risk that the points are not awarded.


Some relevant content from Procedural Instructions for Schedule 6D (general points test)..

(note these paras are out of context, to focus into the question at hand) .. you can obtain a current copy through LEGEND, but older copies are available in FOI release logs

Relevant Australian and overseas skilled employment in the 10-year period immediately before the date the applicant was invited to apply for this visa can be considered for the purpose of awarding points.

When assessing periods of skilled employment for the purpose of awarding points the opinion of the relevant skills assessing authority on the period of skilled employment including the date on which they deemed the applicant skilled;

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.

While having regard to the opinion provided by skills assessing authorities, decision makers also need to be satisfied with the bona fides of the ing documents presented in making their decision to award points.

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.

 

Thank you for your detailed reply. I feel I’m in a positive position based on what you have quoted.

Engineers Australia were pretty thorough and required letters from my previous employers and current, income proof from HMRC, current job performance reviews amongst other things. All which can also be supplied during my application, when the day arrives.
Thanks again