@_sebodemacho said:
@mathilde9 said:
Wouldn't it fall under overclaiming of employment points in case?
Or is it overclaiming only if you put a date earlier than the assessment MET Date to claim points? Thank you.
I believe it's always the latter.
Now for the former, I had the same notion before that adding any new career episode not positively assessed by the assessing authority would always result to overclaiming points. So, I've always erred to the side of caution when responding to same questions before.
But, if you think about it, you will only commit this by generally claiming a career episode that would effectively increase your points that is not positively assessed by the assessing authority.
Ano ano yung mga instances na yun?
- Any career episodes part of the assessment but before the skilled level met date
- Any new career episode not part of the assessment that increased your points
Logically, the above scenarios are potential disputes. Kasi the DHA could question that, why are you claiming the career episode that gave you points that is not even positively assessed? D'yan papasok yung palaging maging safe na kumuha na lang ng new assessment at isama yung new employment, lalo na sa mga DIY na walang agent na matatanong.
So, sa huli, kung wala naman effect sa points yung bagong employment, and you think it's relevant to your nominated occupation and could prove it, then it's still fine to add it in the EOI. Safe lang yun, kasi wala kang ino-overclaim, technically. With or without that, same pa rin yung points mo. 🙂
It's very logical approach, however, as mentioned earlier, the professional/legal practice is if the new job is the same type of work, then it's ok to claim on EOI. If tasks are still aligned with ANZSCO code and able to provide supporting documents ie employment reference letter and paid evidences, there is no reason why DHA will dispute such claim as what is being claimed is after the deemed date and conforms with the policy. It is very unnecessary to undertake another skills assessment as suggested.
Unfortunately, the law supersedes human logic..
The policy states:
10.4.1 Assessing periods of skilled employment
When assessing periods of skilled employment for the purpose of awarding points, the following must be taken into account:
the opinion of the relevant skills assessing authority on the period of skilled employment including the date on which they deemed the applicant skilled; and
the Australian and New Zealand Standard Classification of Occupations (ANZSCO) including any pre-requisite qualifications/work experience relevant to the claimed skilled employment; and
any other relevant information (such as employment records and references).
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 supporting 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.
Hope the legal policy above will put an end to the confusion re the initial question - Wouldn't it fall under overclaiming of employment points in case?
Understandably, DIY applicants will approach this with caution. Hence, the key is familiarity of the policy.
With regards to - Or is it overclaiming only if you put a date earlier than the assessment MET Date to claim points?