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SOL / Experience

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  • SOL / Experience


    There's been a few posts recently that have to do with recent work
    experience not being in the same SOL occupation or ASCO code as the
    nominated skill for migration. There's also been a few comments about
    when work experience is counted as an SOL occupation or not.



    Out of curiosity, how does DIMIA assess one's work experience? I assume
    it is mainly based on the work reference letters provided by the
    applicant?



    For example, if one's nominated occupation (in which a positive skills
    assessment has been received) is Architect (ASCO 2121-11). But, the
    applicant's last 12 months out of 18 months work experience (before
    applying) has been as a lawyer. If the applicant claims his/her 12
    months has been as a "Legal Practitioner - Barrister" (ASCO 2521-11),
    when the work reference letters indicate it would more likely be "Legal
    Practitioner - Solicitor" (ASCO 2521-13), would the case officer/DIMIA
    say "Oops, the applicant picked the wrong occupation on the SOL, but I
    realize the correct occupation is ASCO 2521-13" and give them credit for
    the work experience? Or, would they say "Oops, the applicant picked the
    wrong occupation on the SOL, so too bad, I won't count the work
    experience" and deny the visa?


    --
    Posted via http://britishexpats.com

  • #2
    SOL / Experience

    Out of curiosity, how does DIMIA assess one's work experience? I assumeit is mainly based on the work reference letters provided by theapplicant?
    Mainly, yes. But they have other channels open to them to investigate
    - they can ask the local Australian mission to follow up references or
    check the business out, or they can ask the applicant to come for an
    interview.
    For example, if one's nominated occupation (in which a positive skillsassessment has been received) is Architect (ASCO 2121-11). But, theapplicant's last 12 months out of 18 months work experience (beforeapplying) has been as a lawyer. If the applicant claims his/her 12months has been as a "Legal Practitioner - Barrister" (ASCO 2521-11),when the work reference letters indicate it would more likely be "LegalPractitioner - Solicitor" (ASCO 2521-13), would the case officer/DIMIAsay "Oops, the applicant picked the wrong occupation on the SOL, but Irealize the correct occupation is ASCO 2521-13" and give them credit forthe work experience? Or, would they say "Oops, the applicant picked thewrong occupation on the SOL, so too bad, I won't count the workexperience" and deny the visa?
    There is nothing inherently wrong with having work experience in a
    different SOL occupation. Often the necessary skill level per the
    ASCO is just the equivalent of an Australian bachelors degree.

    There is however a little known regulation that can trap some people
    who have all their qualifications or experience in a registrable
    occupation in Australia (nurse, teacher, lawyer, etc - about 15/20
    occupations in total). Although they may be able to reach the pass
    mark with a more generalist 50 point nominated occupation, especially
    if sponsored, the case officer can request them to get assessed by the
    more relevant skill assessing authority.

    For example, a dentist could use his dentisty degree to get a skill
    assessment as a Historian, if he could get to the pass mark with a 50
    point nominated occupation. His work experience in dentisty would
    meet the ASCO definition of skilled, but without registration as a
    dentist in Australia his employability would be very limited. So the
    case officer can insist he get assessed by the Australian Dental
    Council.

    However, if he had originally trained as a dentist, but become a
    professional historian and could supply work references to that
    effect, there would not be a requirement to change the nominated
    occupation.

    Jeremy

    This is not intended to be legal advice in any jurisdiction

    Comment


    • #3
      SOL / Experience


      Kevin,



      In the application form 47sk, you do not have the opportunity to
      indicate which ASCO code your work experience falls under. Accordingly,
      the scenario you describe is unlikely to occur.



      I would say that in any case, the processing officer might use the 47sk
      as a guide to the work experience, but the principle reference point
      would be the employer references. If these clearly indicate work
      experience in a skilled occupation, then it is not critical what the
      forms indicate.



      In terms of Jeremy's issue with Reg 2.27B, a couple of points to note:

      - changing the nominated occupation is discretionary

      - the discretion would only be exercised if all your qualifications and
      work experience were in the same registrable occupation



      If you have other qualifications and prospects for work in Australia
      besides the registrable occupation, you are unlikely to face any
      difficulties in the exercise of the discretion.



      To take your example, if you managed to obtain a skills assessment as an
      architect, you would clearly have qualifications in architecture, and
      not be affected by Reg 2.27B even if you have worked as a lawyer.



      Jeremy is correct in saying that the main difficulty is where you
      nominate a "generic" 40- or 50-point occupation assessed by VETASSESS,
      but your work experience and qualifications were all in a registrable
      occupation.



      Rgds,


      --
      Posted via http://britishexpats.com

      Comment


      • #4
        SOL / Experience


        Thanks Mark, it seemed like that is what some of the other posts were
        indicating might happen, but I think I misunderstood about the Reg 2.27B
        as you've called it.



        Just seeing your post now, was without power for just about 22 hours.



        -Kevin.



        Originally posted by Mark Webster
        In the application form 47sk, you do not have the opportunity to indicate which ASCO code your work experience falls under. Accordingly, the scenario you describe is unlikely to occur.
        Jeremy is correct in saying that the main difficulty is where you
        nominate a "generic" 40- or 50-point occupation assessed by VETASSESS,
        but your work experience and qualifications were all in a registrable
        occupation.


        --
        Posted via http://britishexpats.com

        Comment

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