186 Visa - Direct Entry

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186 Visa - Direct Entry


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Old 02-03-2014, 06:10 AM
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186 Visa - Direct Entry

Hi,

I am on 457 visa. My employer has lodged a new ENS under Direct Entry. I have a positive skills assessment for ICT Managers nec (135112). I have worked with the same company for more than three years. However, I have only worked in the nominated position (ICT Managers) for few months.

Will I be eligible for Direct Stream? Please let me know.

Thank you.

Regards,
Suraj


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Old 02-03-2014, 11:57 AM
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Hi Suraj -

To clarify, the direct entry pathway for the ENS visa requires three years of work in the nominated occupation - this can be for your current employer or any other employer in Australia or outside Australia, but must be in the nominated occupation, must be full time, and must be paid work. Here's some policy from DIBP on the subject:

===========================
At the time of application the applicant must have been employed for at least 3 years in the occupation for which they have been nominated.

The applicant must have worked full-time for at least three years however the period of work does not have to be continuous, or be immediately before the visa application was made. In order for the work to qualify as full-time, the applicant should have worked for at least 35 hours per week.

Any period of employment where an applicant changed careers (gained employment in another occupation), was unemployed, or took extended leave without pay should be excluded when calculating the period of employment.

The information provided by the applicant in their visa application and supporting documents will generally be sufficient to enable delegates to decide whether the applicant has worked full-time for at least three years. If required, delegates should seek clarification or additional documentation from the applicant before deciding whether the requirements of 186.234(2)(b) have been satisfied.

Employment in the nominated occupation
The applicant must be able to demonstrate that the tasks in the position that they claim towards meeting the 3 year employment requirement are the same as or closely related to the tasks of the nominated position. The tasks must have been performed to the same level of complexity and with at least the same level of responsibility. The focus should be on tasks of the occupation rather than the title.

Employment at the relevant skill level
The applicant must have been employed and actively performing the duties of the nominated occupation for a period of at least three years after obtaining any qualifications that would allow them to work without restriction in the occupation. They must have been fully skilled to perform the duties specified for the occupation. Any periods of work as an apprentice, trainee, assistant or other developmental role for the occupation do not count towards the three year full-time work requirement.
Note: If the applicant is a medical practitioner, see section 43.2 Registration for medical practitioners Medical practitioners may be considered to have been working without restriction if they have been working and are being nominated to work under specific medical registration that requires them to be supervised at a minimal level.

Employment should be full time
ENS recognises that, in addition to full-time work, there now exists a range of variable employment arrangements. Citizens of numerous countries depend on multiple income earning strategies to make a living. In Australia, part-time work arrangements and variable working hours are increasingly common. This will impact on how work experience is calculated. If work experience is to be expressed in full-time terms, for part-time workers this can be calculated pro-rata. For example, if the requirement is for 3 years of relevant full-time work experience, if part-time work is at 50% of a full-time load, the applicant must be able to demonstrate they have worked in that occupation on a part-time basis for 6 years.

Work experience can be obtained in or outside Australia
The work experience requirement can be satisfied by any combination of overseas and Australian employment.


===========================================

Hope this helps - if your employer has questions regarding qualifying for the visa or nomination questions, would suggest he obtain professional advice as this area of the migration law can be complex.

Best,

Mark Northam

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

  #3 (permalink)  
Old 02-03-2014, 12:04 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Suraj -

To clarify, the direct entry pathway for the ENS visa requires three years of work in the nominated occupation - this can be for your current employer or any other employer in Australia or outside Australia, but must be in the nominated occupation, must be full time, and must be paid work. Here's some policy from DIBP on the subject:

===========================
At the time of application the applicant must have been employed for at least 3 years in the occupation for which they have been nominated.

The applicant must have worked full-time for at least three years however the period of work does not have to be continuous, or be immediately before the visa application was made. In order for the work to qualify as full-time, the applicant should have worked for at least 35 hours per week.

Any period of employment where an applicant changed careers (gained employment in another occupation), was unemployed, or took extended leave without pay should be excluded when calculating the period of employment.

The information provided by the applicant in their visa application and supporting documents will generally be sufficient to enable delegates to decide whether the applicant has worked full-time for at least three years. If required, delegates should seek clarification or additional documentation from the applicant before deciding whether the requirements of 186.234(2)(b) have been satisfied.

Employment in the nominated occupation
The applicant must be able to demonstrate that the tasks in the position that they claim towards meeting the 3 year employment requirement are the same as or closely related to the tasks of the nominated position. The tasks must have been performed to the same level of complexity and with at least the same level of responsibility. The focus should be on tasks of the occupation rather than the title.

Employment at the relevant skill level
The applicant must have been employed and actively performing the duties of the nominated occupation for a period of at least three years after obtaining any qualifications that would allow them to work without restriction in the occupation. They must have been fully skilled to perform the duties specified for the occupation. Any periods of work as an apprentice, trainee, assistant or other developmental role for the occupation do not count towards the three year full-time work requirement.
Note: If the applicant is a medical practitioner, see section 43.2 Registration for medical practitioners Medical practitioners may be considered to have been working without restriction if they have been working and are being nominated to work under specific medical registration that requires them to be supervised at a minimal level.

Employment should be full time
ENS recognises that, in addition to full-time work, there now exists a range of variable employment arrangements. Citizens of numerous countries depend on multiple income earning strategies to make a living. In Australia, part-time work arrangements and variable working hours are increasingly common. This will impact on how work experience is calculated. If work experience is to be expressed in full-time terms, for part-time workers this can be calculated pro-rata. For example, if the requirement is for 3 years of relevant full-time work experience, if part-time work is at 50% of a full-time load, the applicant must be able to demonstrate they have worked in that occupation on a part-time basis for 6 years.

Work experience can be obtained in or outside Australia
The work experience requirement can be satisfied by any combination of overseas and Australian employment.


===========================================

Hope this helps - if your employer has questions regarding qualifying for the visa or nomination questions, would suggest he obtain professional advice as this area of the migration law can be complex.

Best,

Mark Northam

What if the applicant has qualification obtain in Australia ? Is that still need 3years experience in a nominated occupation?


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  #4 (permalink)  
Old 02-03-2014, 12:07 PM
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Hi -

For ENS direct entry, 3 yrs skilled work experience in the nominated occupation + skills assessment is required regardless of educational qualification (unless you fall into one of the few exemption areas), however there are other requirements for the ENS visa including IELTS, etc - would suggest you or your employer carefully research the requirements and/or obtain professional assistance - the laws in this area are complex, and quick answers on forums cannot begin to cover all the requirements for this (or any other) visa.

Best,

Mark Northam


Quote:
Originally Posted by aussie2x View Post
What if the applicant has qualification obtain in Australia ? Is that still need 3years experience in a nominated occupation?

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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Old 02-03-2014, 12:18 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi -

For ENS direct entry, 3 yrs skilled work experience in the nominated occupation + skills assessment is required regardless of educational qualification (unless you fall into one of the few exemption areas), however there are other requirements for the ENS visa including IELTS, etc - would suggest you or your employer carefully research the requirements and/or obtain professional assistance - the laws in this area are complex, and quick answers on forums cannot begin to cover all the requirements for this (or any other) visa.

Best,

Mark Northam
Hi Mark

Thanks for the info.

Even if got cert 3 , 4 or diploma from Australia still need skill assessment plus 3years experience ? Is it only apply for ens direct entry?or is it apply for rsms direct entry.

Thanks Mark


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Old 02-03-2014, 12:28 PM
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Hi -

Yes, ENS needs 3 yrs experience in the nominated occupation for direct entry pathway unless exempt. RSMS is different and a bit more complicated as the occupation comes into the skills assessment requirements. I sense you are looking for a simple answer here, but that's not the nature of the regulations in this area (although I wish it was) - there is no substitute for a careful review of the regulations to make sure you meet ALL of the requirements if you're interested in applying for a visa.

Best,

Mark Northam


Quote:
Originally Posted by aussie2x View Post
Hi Mark

Thanks for the info.

Even if got cert 3 , 4 or diploma from Australia still need skill assessment plus 3years experience ? Is it only apply for ens direct entry?or is it apply for rsms direct entry.

Thanks Mark

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

  #7 (permalink)  
Old 02-05-2014, 09:21 AM
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Thank you

Mark,

Thank you so much for precisely explaining. Your information really helps.

Much appreciated.

Regards,
Suraj


  #8 (permalink)  
Old 02-05-2014, 10:51 AM
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Thanks, Suraj - just make sure whatever visa you are interested in, that you thoroughly research ALL of the legal requirements for that visa to make sure you fully understand the fine details of the requirements.

Best of luck -

Best,

Mark Northam

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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Old 02-07-2014, 03:11 AM
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Mark,

Thank you so much for advise.

3 years relevant work experience:
This word "relevant" is very vague. I have worked as an IT support officer. Now I am IT Team Leader. Total time 3 years and 5 months. I have worked in (same) IT department and just got promoted. I have skills assessment for ICT Manager nec.

How do you see these two occupations? Are they relevant?

Thank you for your advice.

Regards,
Suraj


  #10 (permalink)  
Old 05-24-2015, 03:44 AM
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186 work exprement

I receive this email from ACS:
"Your Bachelor Degree from *** completed July 2011 has been assessed as comparable to an AQF Bachelor Degree with a major in computing.

The following employment after May 2012 is considered to equate to work at an appropriately skilled level and relevant to 261312 (Developer Programmer) of the ANZSCO Code.

Dates: 05/10 - 11/11 (1yrs 6mths)
Position: Computer Programmer

Dates: 11/11 - 10/13 (1yrs 11mths)
Position: Computer Programmer

Dates: 10/13 - 07/14 (0yrs 9mths)
Position: Software Development Expert

Dates: 10/14 - 02/15 (0yrs 4mths)
Position: Software Developer

So overall I have more than 5 years experience but 2.5 years considered relevant.
My question is that for 186 visa (which need 3 years) which one is count. is it this 5 years or 2.5 years?

Regards


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