ACS Deeming Skilled date - Page 9

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ACS Deeming Skilled date - Page 9


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  #81 (permalink)  
Old 06-01-2014, 12:50 PM
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Hi Hari556677889 -

You would need to see if the ACS report clearly indicates all of the work you are claiming is skilled. If the ACS report does not positively say this, then you're running a big risk as we've seen situation like this when the ACS report does not specifically certify work as skilled, where the DIBP case officer will apply the current ACS rules to the skills assessment and actually deduct work from being able to be counted as skilled.

Hope this helps -

Best,

Mark Northam

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  #82 (permalink)  
Old 06-01-2014, 01:06 PM
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Hi Mark,

thanks for your reply....here is the copy of my ACS.....

Could you please advise whether I can go ahead based on below information?

Thanks in advance.

Your skills has been assessed to be suitable for migration under 261112 of the ANZSCO code...

Your qualification has been assessed as follows

Your BE degree has been assessed as comparable to AQF bachelor degree with major in computing

Your work experience has been calculated as follows on the basis of full time employment of atleast 20hrs per week....

Dates - 10/06 - 05/08
Employer - XXX
Country - XXX


Dates - 05/08 - 10/10
Employer - XXX
Country - XXX

Dates - 10/10 - 10/12
Employer - XXX
Country - XXX

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  #83 (permalink)  
Old 06-01-2014, 02:01 PM
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Hi Hari -

Thanks for the note. There are simply too many variables, thousands of pages of regulations, and many ifs/ands/buts involved in a skilled visa application to give anonymous advice via forum based on a typed-in report. The risk is simply too high - if things go wrong, you're out over $3,000 if you had to withdraw your application! If you'd like a complete assessment, happy to do so at a consultation at our office or via Skype or phone where I can look at all of your documents and give you specific advice for your case.

Hope this helps -

Best,

Mark Northam

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  #84 (permalink)  
Old 06-07-2014, 09:26 AM
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Criteria requirements

On the criteria requirements on the acs site, it listed that with :

ICT major closely related, '2 years relevant work experience completed in the last 10 years or 4 years relevant work experience completed anytime in past work history'

ICT major not closely related, '4 years relevant work experience completed
anytime in past work history '

Those who have closely related occupations need 2 years or 4 years, why 4 years if it is closely related ?

Confusing thing to write down.

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Old 06-07-2014, 10:21 AM
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i think the difference is:

2 years out of the last 10 years

vs

4 years ANYTIME in the past work history


  #86 (permalink)  
Old 07-08-2014, 02:19 PM
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Claiming Work Experience Points

Dear Mark,

Can you please clarify me whether I can claim 5 points for my 3 years work experience post qualification B.Tech. Computer Science Engineering for my 189 visa?

Please find below my ACS Result Letter:

Your skills have been assessed to be suitable for migration under 261313 (Software Engineer) of the
ANZSCO Code.
Your qualification has been assessed as follows:
Your Bachelor of Technology from xxx completed June 2009 has been assessed
as comparable to an AQF Bachelor Degree with a major in computing.
The following employment after October 2013 is considered to equate to work at an appropriately
skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code.
Dates: 04/10 - 02/12 (1yrs 10mths)
Position: Software Engineer
Employer: xxx
Country: INDIA
Dates: 11/12 - 03/14 (1yrs 4mths)
Position: Software Engineer
Employer: xxx
Country: UNITED ARAB EMIRATES

Please reply urgently. Thanks in advance.


Quote:
Originally Posted by MarkNortham View Post
Hi Voodooravi -

Unless DIAC is ready to give you the points for the years that ACS didn't (unlikely, unfortunately), you'll have to withdraw your application and update your EOI accordingly. I would suggest putting up a STRONG fight with DIAC, politely of course, but stating that the evidence you've provided clearly states that those additional years beyond ACS' view show skilled employment. You need to make a detailed, complete submission and quote the relevant regulations and policy, but I think it's worth the fight. Plus, what is the alternative? They've halted state sponsorship of your occupation. That leaves a strong fight for the 189 and full credit for your work as your primary option.

Problem is, DIAC policy follows the skills assessor - here's the relevant text from the Procedures Advice Manual (PAM3) which is used by DIAC case officers:

16.3 When is an applicant skilled
An applicant is considered skilled and therefore eligible for claiming employment points from the date the relevant assessing authority considers the person to be skilled in the nominated occupation:

• If a skills assessment provides a date at which the assessing authority is of the view that the applicant became ‘skilled’, case officers must ensure that any claimed employment experience under Schedule 6D took place from this date and not earlier.
• The date on which an applicant becomes ‘skilled’ may be different from the date that an assessing authority finds that the person meets their requirement for a suitable skills assessment. For example, an assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant ‘skilled’ for the purpose of employment points.


Frankly I have major problems with ACS' policy of "automatically" disallowing work experience as "skilled" even if it is post-qualification. It is heavy-handed, and assumes everyone has the same work experience characteristics after graduation. Plus, it seems to negate the validity of the very educational qualifications they are assessing! Has ACS the right to make a blanket condemnation of all colleges everywhere, essentially saying that they have not fully trained a person for a job, and that "x" years of experience are also required before the person becomes "skilled"? I think not. But until that policy is challenged legally or otherwise, or until DIAC decides that skills assessors cannot simply make up new rules without oversight, that's what we have to live with.

I wish you luck with your application - wish I had better news!

Best,

Mark Northam

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Old 07-08-2014, 03:25 PM
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Quote:
Originally Posted by guesthero View Post
Dear Mark,

Can you please clarify me whether I can claim 5 points for my 3 years work experience post qualification B.Tech. Computer Science Engineering for my 189 visa?

Please find below my ACS Result Letter:

Your skills have been assessed to be suitable for migration under 261313 (Software Engineer) of the
ANZSCO Code.
Your qualification has been assessed as follows:
Your Bachelor of Technology from xxx completed June 2009 has been assessed
as comparable to an AQF Bachelor Degree with a major in computing.
The following employment after October 2013 is considered to equate to work at an appropriately
skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code.
Dates: 04/10 - 02/12 (1yrs 10mths)
Position: Software Engineer
Employer: xxx
Country: INDIA
Dates: 11/12 - 03/14 (1yrs 4mths)
Position: Software Engineer
Employer: xxx
Country: UNITED ARAB EMIRATES

Please reply urgently. Thanks in advance.
They're only considering you as 'skilled' from October 2013. Along with the general disgust at how they implemented this change I have a real issue with the way they word these assessments now, it's extremely misleading to have one date and then to list all the employment underneath. If the employment cannot be claimed they should not list it. It's confused so many people and caused a lot of issues. The ACS has a lot to answer for IMO.

I'm not sure how they've come to this conclusion in your case though. They've stated you have the equivalent of an AQF Bachelor Degree with an ICT major, so if the subject was closely related to your occupation you would be deemed 'skilled' on the date you hold that qualification and have had either 2 years relevant experience in the last 10 years or 4 years experience anytime in your history, but in this case the date of Oct 2013 doesn't make any sense as even if you had no experience whatsoever prior to your degree you would meet that definition of 2 years relevant experience on Jan 2013.

I can only assume that they deemed your Degree as having an ICT major but not being closely related to the nominated occupation and therefore assessed you as being skilled at the time you hold the qualification and have had at least 4 years relevant experience anytime in your work history.

I'm glad the ACS has made determining people's work experience points so easy!

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  #88 (permalink)  
Old 07-08-2014, 10:05 PM
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Excellent answer by Adam. Issue is that ACS is taking the the first 2 years work history AFTER you get your degree, hence not deeming you skilled until 2013.

Have to agree with all Adam's concerns - the skills assessors these days, especially ACS, are totally out of control with seemingly no oversight from DIBP - these organisations are getting rich on the monopoly they enjoy for migration skills assessments, and making and changing rules that are playing havoc with applicants including the confusing employment listing that Adam mentioned that has cost so many people so much money in withdrawn and refused applications when the problem is only discovered after a skilled visa application is lodged.

Hope this helps -

Best,

Mark Northam

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  #89 (permalink)  
Old 07-08-2014, 11:20 PM
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Quote:
Originally Posted by MarkNortham View Post
Excellent answer by Adam. Issue is that ACS is taking the the first 2 years work history AFTER you get your degree, hence not deeming you skilled until 2013.
That's what I didn't get though, if they assessed it in that fashion he would've become skilled in Jan 2013 going by the relevant employment experience they've listed. I can only assume they considered his degree as not closely related to the occupation which in turn means they look at 4 years experience anytime in his work history instead.

Jan 2013 or Oct 2013 doesn't make too much difference, but if it did I would consider clarifying with the ACS over how they assessed it.

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  #90 (permalink)  
Old 07-22-2014, 12:42 PM
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Question Question

Hi Mark,

I'm a new one on this forum. However, the problem with an old ACS format concerns me as well as many others. I would like to thank you for your good comment and clarifications. Nonetheless, the devil is in the detail

My case: in september 2013 I received a refusal notification from a CO. I claimed 60 points, including 5 points for community language. To my regret, I misunderstood the requirements for this points group and didn't have supporting evidence (NAATI accreditation). After a meticulous investigation of every case the CO wrote me my result score: 55 pts. Additionally, I had (and, moreover, it is still valid) an ACS assessment of an old format (without any notion of a Skill Level Requirement Met Date). As far as I understood from the refusal notification, the CO was satisfied with that one and rewarded me 10 pts for 5+ years of work experience (exactly what was stated in the assessment result letter).

From that time I've increased my IELTS score and now I'm ready to be invited. I still claim in my EOI 10 pts for my skilled experience. Given the circumstances, I have several questions:
1) was that just my luck that the CO rewarded me 10 points on the basis of the old format ACS assessment?
2) if there were some problems with my skilled experience at this time, wouldit be possible to support my claim with the former refusal notification? What I'm trying to say is that if it was OK in 2013, why it cannot be OK now?

I would be immensely grateful, if you could comment my case. Thank you in advance.

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