If you hold a Bridging Visa E with work rights - No points for Aus Work Experience
Published By Dinesh Iriyagolle Weerakkody -
Solicitor & Barrister
Migration Agent (0742843)
Notes By: Dinesh Weerakkody: Always check the criteria for migration from the source. Migration Lawyers do not rely on any other source and only refer to the Migration Act, Regulation, Migration policy manuals, Ministerial Directions , tribunal and court decisions. The assessments will be based on case by case basis.
For General Skilled Migration (GSM) applicants, the DIAC website advises that:
Points will be awarded for Australian Work Experience if (among other things) you have been employed in Australia “while holding a visa that allows you to work”. This is not correct. An applicant could not be granted points for Australian work experience done while holding a BVE with work rights.
The correct information is in the Migration Regulations (Reg) :
Reg 2.27C - Skilled occupation in Australia
In determining whether an applicant satisfies a criterion that the applicant has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held:
(i) a substantive visa; or
(ii) a Subclass 010 Bridging A visa;or
(iii) a Subclass 020 Bridging B visa;
authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
The DIAC has been notified and DIAC will correct its website information. Source – The Migration Institute.
For General Skilled Migration (GSM) applicants, the DIAC website advises that:
Points will be awarded for Australian Work Experience if (among other things) you have been employed in Australia “while holding a visa that allows you to work”. This is not correct. An applicant could not be granted points for Australian work experience done while holding a BVE with work rights.
The correct information is in the Migration Regulations (Reg) :
Reg 2.27C - Skilled occupation in Australia
In determining whether an applicant satisfies a criterion that the applicant has been employed in a skilled occupation for a certain period, a period of employment in Australia must not be counted unless the applicant:
(a) held:
(i) a substantive visa; or
(ii) a Subclass 010 Bridging A visa;or
(iii) a Subclass 020 Bridging B visa;
authorising him or her to work during that period; and
(b) complied with the conditions of that visa.
The DIAC has been notified and DIAC will correct its website information. Source – The Migration Institute.
Contact us for more information
Dinesh Weerakkody LLB; PDLP
Solicitor & Barrister (An Australian Legal Practitioner)
An Australian Migration Agent (0742843)
Mob + 61 425725570
Fax + 61 3 9808 2243
Email: info@dlegal.com.au; dweerakkody@hotmail.com
DX 32503 BURWOOD
C/O Oates Rennick & Associates.
4 Burwood H’way Burwood, VIC 3125, Australia.
2 comments:
What you need to remember regarding this one is that you need to actually have work in order to qualify for points. A working visa only authorizes you to work and not actually grants you proof of work. A certification from your employer will serve the purpose well.
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