Claiming Points for Work Experience
When is Employment Considered Skilled?
When evaluating periods of skilled employment for point allocation, the following factors are considered:
- Skills Assessing Authority Opinion: This includes their evaluation of when the applicant’s employment was deemed skilled.
- ANZSCO Classification: The Australian and New Zealand Standard Classification of Occupations (ANZSCO) and any relevant qualifications or work experience required for the claimed skilled employment.
- Additional Information: Such as employment records and references.
If the skills assessing authority’s opinion suggests fewer points than the applicant claimed in their Expression of Interest (EOI), the department will usually consider the ANZSCO information and apply the more favorable outcome for determining when the applicant was working at a skilled level.
The department needs to be confident about the authenticity of the supporting documents when awarding points, even while considering the skills assessing authority’s opinion.
Regulations state that the applicant must be employed in a nominated skilled occupation for a specified period. There is no requirement for the skills to meet a particular standard during this time. The department will assess if the applicant is performing at least some duties listed for the position in ANZSCO. For example, if claiming employment as a carpenter, the tasks must align with those of a carpenter.
Skilled Employment Experience – Closely Related Occupations
Points can only be claimed for employment in your nominated skilled occupation or a closely related skilled occupation. A closely related skilled occupation is one listed under the same four-digit ANZSCO Unit Group. Claiming points for employment outside of your nominated skilled occupation or closely related occupation could lead to a visa application refusal.
Overseas and Australian Employment Factors
Points for skilled employment recognize the value of extensive work experience in a nominated or closely related skilled occupation for achieving successful labor market outcomes. Both Australian and overseas skilled employment within the 10 years immediately before the applicant’s invitation to apply for this visa are considered when awarding points.
Australian skilled employment is weighted more heavily because firsthand experience and understanding of the Australian work environment are valuable for helping migrants establish themselves in the Australian labor market and settle in Australia.
Employment periods do not need to be continuous; it is the total relevant employment experience that is considered. Therefore, applicants can earn points even if their skilled employment includes gaps due to non-related work or other activities, such as studying.
For example:
An applicant for a points-tested skilled migration visa who is nominated as an Accountant might work for 2 years as an Accountant, then study for 2 years, then work as an IT consultant for 2 years, and finally return to work as an Accountant for another 3 years. The applicant would be eligible for points based on 5 years of experience as an Accountant, provided this experience was within the 10 years before the invitation to apply for the visa.
Applicants may also qualify for points if they have both Australian and overseas skilled employment experience.
For example:
An applicant whose nominated occupation is registered nurse works overseas for 5 years and then in Australia on a temporary employment visa for 3 years. The applicant would be eligible for points based on both 5 years of overseas employment and 3 years of Australian employment.
However, shorter periods of skilled employment in and outside Australia cannot be combined to meet the skilled employment experience criteria. For instance, an applicant cannot claim 3 years of Australian employment by adding 6 months of overseas experience to 30 months of Australian employment.
The Meaning of ‘Employed’
Definition: ‘Employed’ means being engaged in an occupation for at least 20 hours a week and receiving remuneration for it.
Remuneration: Remuneration refers to being paid for work. Emotional or psychological satisfaction or unpaid professional experience does not count as remuneration for skilled migration purposes. Minimal living allowances or scholarships designed to cover expenses are also not considered remuneration.
Remunerated for At Least 20 Hours a Week: Working for at least 20 hours a week generally means working 20 hours each week. However, if employment contracts involve variable hours or extended periods, such as shift work, “fly in fly out” work, or seafaring, these can be considered when determining if a person has worked ‘at least 20 hours per week.’
Applicants may need to provide detailed evidence of their employment terms and salary payments to support their claims.
Leave Periods: Only periods of leave on full pay can be counted as employment. Extended leave without pay, such as maternity or paternity leave, may not be counted.
ICT Professionals Claiming Points for Skilled Employment
How NSW Assesses Skilled Employment (190 and 491 Visas): NSW grants points only for skilled employment that occurred after the Australian Computer Society (ACS) has determined you meet the required skill level in your occupation.
If you claim points for skilled employment in your SkillSelect expression of interest (EOI), you must provide an ACS skills assessment that shows the date your employment meets the required skill level. Without this date, you cannot claim points for skilled employment for NSW nomination purposes.
Only claim points for skilled employment after this date in your EOI to avoid having your application declined due to over-claiming.
Further Skilled Employment After ACS Skills Assessment: If you have a valid ACS skills assessment, you do not need a new assessment to demonstrate employment after the assessment date.
You can provide evidence of further skilled employment with documents such as a letter of offer, employment contract, payslips, and an employment reference letter detailing the duration, weekly hours, and duties performed.