> I have been employed almost continuously as a Quantity Surveyor since
> Aug 1994, with the exception of January 2002 to January 2003 when I
> had a year out in Australia, followed by a few weeks while finding a
> job on my return to England, meaning I did not actually start work
> until February 2003 which was the most convenient time for both
> parties. My full detailed time line is as follows:
>
> Aug 1994 to 31 December 2001 Employed as a QS
> January 2002 to January 2003 Year out in Australia
> January 2003 to mid Feb 2003 Looking & finding work as a QS
> Mid Feb 2003 to present Re-Employed as a QS
>
> My case officer has asked that I provide details in the way of a
> letter from my employer stating the dates of when I was employed as
> she wants to determine whether I have been employed for 36 months of
> the last 48 months.
>
> I took the view when applying that I have been employed as a QS for my
> entire working life with the exception of the year out in Australia,
> and did not count the few weeks it took me to find a job. Meaning I
> said to myself ‘yes I meet the 36 months out of 48 months work
> experience’. However, looking and thinking about it again I was not
> employed from January 2002 to mid Feb 2003, which is of course more
> than 12 months.
>
> Am I likely to get my visa refused on the basis that I do not meet the
> criteria of 36/48 months of employment, which is why she has asked the
> question? My 48 month visa timetime line is checking is June 2001 to
> June 2005. If the answer to the above is that I don’t meet the
> timefrtime framerements, an alternative could be the previous 36
> months from now (ie February 06), as I meet that requirement, but this
> may mean resubmitting?
>
> Would DIMIA show any leniency in that I have been employed almost
> solely by the same company since starting work, or will they say you
> don’t meet the 36 month requirement.
>
> By the way I am 136 Skilled Independent Non MODL. Please put my mind
> at rest as I am fraught with worry.
Hi Shaun
Unless you have at least a month of skilled experience you can evidence
while you were in Australia for the working Holiday, they will not give
you the 10 points and will place you in the POOL for 2 years. At the
same time they POOL you, they will invite you to apply for an SIR visa
which South Australia would, I'm sure, nominate you.
Best strategy may be to re-apply for your police clearances as they are
soon to expire. Assuming you have time to respond to their request, let
time go by until you can get a new reference from your current employer
that you have been working with them for the last 3 years and 1 day
(should be in 3 or 4 weeks. ) Then Email your case officer and advise
that it was your oversight that you did not meet the 3/4 experience
requirement and that you now have new police clearances and a new
reference and would he/she process a new application (with fee A$1935
plus copy of AIQS assessment approval and new Form 47SK) quickly - you
would then withdraw the original application.
There is no discretion for the case officer, you do not meet 3/4 so you
can not be awarded the required 10 points.
This also assumes you have not lost 5 points for a recent birthday.
Tony
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