Deeming dates and how the skill assessment authorities are denying peoples right to claim points.

Australian Immigration Law Services

28 Sept 202407:04

Summary

TLDRCarl Conrad discusses the concept of 'deeming dates' in the Australian visa application process. He explains that deeming dates are set by skill assessment bodies to determine when an individual is considered skilled for a job. Despite some bodies' strict interpretations, Conrad clarifies that the Australian immigration policy prioritizes the Australian and New Zealand Standard Classification of Occupations (ANZSCO) over deeming dates, allowing applicants to claim work experience points even if a skill assessment body disagrees. This insight is crucial for visa applicants to maximize their points for skilled employment.

Takeaways

📅 A deeming date is the date a skill assessment body decides that an individual has reached the minimum skill level for a job.
🏆 Deeming dates are not commonly discussed outside of the visa application context and some bodies, like Engineers Australia, do not use them.
👨‍🏫 VES, a major skill assessment body, can be frustrating as it can seemingly negate years of experience by setting a deeming date.
🌐 The immigration department's policy has evolved to consider both skill assessment bodies' opinions and the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
📚 Historically, the immigration department relied on ASCO definitions, which have now been updated to ANZSCO to define minimum qualifications for jobs.
🚀 A court case influenced policy, stating that case officers must consider all work experience after meeting ANZSCO requirements, not just skill assessment body requirements.
📉 Skill assessment bodies sometimes set the bar higher than ANZSCO, leading to potential underestimation of an applicant's skilled work experience.
💡 The immigration policy instructs decision-makers to consider ANZSCO and apply the more beneficial outcome when assessing skilled employment for visa points.
🛂 Despite policy, some states like New South Wales have been slow to adapt and have relied on deeming dates for state sponsorship decisions.
📈 Applicants should not limit their work experience claims based on deeming dates alone and should seek clarification if unsure.

Q & A

What is a deeming date?
-A deeming date is when a skill assessment body decides or deems that an individual has reached the minimum skill level to do the job they claim they can do.
How does a deeming date affect a visa application?
-A deeming date can affect a visa application by determining when an applicant is considered to have the necessary skills for a job, which can impact the calculation of work experience points for visa eligibility.
Why are deeming dates considered infuriating by some?
-Deeming dates can be infuriating because they can effectively remove years of experience by stating that an individual was not truly skilled until a certain date, despite them working as a professional before that date.
Does Engineers Australia use deeming dates?
-No, Engineers Australia does not use deeming dates. They believe that if you have completed a bachelor of engineering, you are qualified to be an engineer.
What is the example given in the script about a skill assessment result?
-The example given is of a client who had over 3 years of experience as an actuary but was deemed skilled only from May 2021 by VES, despite having completed a relevant master's degree in May 2020.
How was the client able to claim all of their work experience despite the deeming date?
-The client was able to claim all of their work experience by relying on the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which states that an actuary requires a bachelor degree or higher qualification, which the client had met since 2016.
What is the importance of the ANZSCO in determining skilled employment for visa points?
-The ANZSCO is important because it outlines the minimum qualification necessary to do a particular job. It can be used to determine when an applicant was working at a skilled level, even if the skill assessment body has a different deeming date.
What does the immigration department's policy say about considering skilled employment for visa points?
-The policy states that when assessing periods of skilled employment for the purpose of awarding points, decision-makers should consider the skill assessment authority's opinion, ANZSCO requirements, and any other relevant information, applying the more beneficial outcome for the applicant.
Why do some skill assessment bodies still give out deeming dates despite the immigration department's policy?
-Some skill assessment bodies still give out deeming dates because they have modified their skill assessment requirements away from the basic ANZSCO requirements, creating a discrepancy between their assessments and the immigration department's policy.
What advice does Carl Conrad give to visa applicants regarding work experience points?
-Carl Conrad advises visa applicants not to deny themselves the ability to claim as many points as they can in the work experience points category of these visas, and to seek clarification or help if they are confused about deeming dates.

Outlines

00:00

📅 Understanding Deeming Dates in Visa Applications

Carl Conrad introduces the concept of deeming dates in the context of Australian immigration. A deeming date is defined by the immigration department as the time when a skill assessment body deems an individual has reached the minimum skill level for a job. Despite being a common topic in comments, deeming dates are not typically discussed in job applications. Skill assessment bodies like Engineers Australia do not use deeming dates, but others like VES do. The video uses a real example of a skill assessment from VES for an actuary, where the deeming date was set a year after the completion of a relevant master's degree, despite the applicant having years of experience. The video explains how the immigration department's policy on skilled employment periods considers both the skill assessment authority's opinion and the Australian and New Zealand Standard Classification of Occupations (ANZSCO). It highlights a court case that influenced policy to consider all work experience after meeting ANZSCO requirements, not just the skill assessment body's requirements.

05:02

🌐 The Reign of ANZSCO Over Deeming Dates

The video continues to emphasize the importance of ANZSCO in determining skilled work experience for visa points, despite what skill assessment bodies like VES might suggest. It explains that while skill assessment bodies may set deeming dates that deduct work experience, ANZSCO remains the ultimate authority. The example of the actuary is reiterated, showing how the claimant was successful in using work experience from before the master's degree, aligning with ANZSCO requirements. The video warns against relying solely on skill assessment bodies' advice and encourages visa applicants to claim all possible work experience points. It also mentions the New South Wales government's reliance on deeming dates for state sponsorship, which may change to align with immigration department policy. The video concludes with a reminder to consult professionals for help with visa applications and a预告 of the return to the regular Weekly News edition.

Mindmap

Keywords

💡Deeming Date

A deeming date refers to the specific date when a skill assessment body determines that an individual has achieved the minimum skill level required for a particular job. In the context of the video, deeming dates are crucial for visa applications as they can significantly affect the calculation of work experience points. The video discusses how deeming dates can be frustrating because they can seemingly discount years of professional experience, as illustrated by the case of the actuary whose work experience was only recognized from the date of completing a relevant master's degree, despite having worked in the field since 2019.

💡Skill Assessment Body

A skill assessment body is an organization authorized to evaluate the qualifications and skills of visa applicants to determine if they meet the required standards for a specific job. The video mentions VES, which is Australia's largest authorized skill assessment body for visa applicants. These bodies can set deeming dates, which can have a substantial impact on an applicant's visa application by affecting the recognition of their work experience and skill level.

💡Visa Application

A visa application is the process of requesting permission to enter and stay in a country for a specified purpose. The video script discusses how deeming dates play a critical role in visa applications, particularly in the context of skilled migration to Australia. The deeming date can influence the number of points an applicant can claim for skilled employment, which is a key factor in determining the success of their visa application.

💡Work Experience

Work experience refers to the period of time an individual has been employed in a particular occupation. In the video, work experience is a significant factor in visa applications, especially when calculating points for skilled employment. The discussion around deeming dates highlights how work experience can be affected by the skill assessment body's decision, potentially leading to a reduction in the number of years of experience that can be claimed.

💡Skilled Independent Visa

The Skilled Independent Visa (subclass 189) is a type of Australian visa that allows skilled workers to live and work in Australia permanently without the need for an employer or family sponsorship. The video uses the example of a client who was granted this visa, emphasizing the importance of claiming all work experience, even before the completion of a master's degree, to maximize points for the visa application.

💡Australian and New Zealand Standard Classification of Occupations (ANZSCO)

ANZSCO is a classification system that lists all occupations recognized in Australia and New Zealand, outlining the minimum qualifications required for each job. The video explains that ANZSCO is still considered the authoritative source for determining skilled employment, even when skill assessment bodies like VES have their own deeming dates. It is used by the immigration department to assess visa applications and award points for skilled employment.

💡Points System

The points system is a method used in the Australian immigration process to rank visa applicants based on various criteria, including age, English proficiency, work experience, and qualifications. The video emphasizes the importance of maximizing points, particularly for work experience, to increase the chances of a successful visa application. It also discusses how deeming dates can affect the calculation of these points.

💡Engineers Australia

Engineers Australia is a professional organization that represents the interests of engineers in Australia. The video mentions that Engineers Australia does not use deeming dates, instead recognizing that a bachelor's degree in engineering qualifies an individual as an engineer. This stance contrasts with other skill assessment bodies that may impose deeming dates, affecting an engineer's visa application.

💡Skilled Migration

Skilled migration refers to the process of moving to another country to work in a skilled occupation. The video discusses skilled migration to Australia, focusing on how deeming dates can impact the visa application process. It highlights the importance of understanding deeming dates and how they can affect the recognition of an applicant's skills and work experience.

💡VES

VES, or the Vocational Education and Skills Assessment, is a skill assessment body that evaluates the qualifications of visa applicants for certain skilled occupations. The video criticizes VES for its use of deeming dates, which can be detrimental to applicants by not recognizing their work experience prior to the deeming date. This is exemplified by the case of the actuary, whose work experience was only acknowledged from the date of completing a master's degree, despite having worked in the field earlier.

💡State Sponsorship

State sponsorship is a pathway for skilled workers to obtain a visa by being nominated by an Australian state or territory. The video mentions that the New South Wales government has historically relied on deeming dates from skill assessment bodies, which can be misleading and不利于签证申请. However, it suggests that they may soon align with the Department of Home Affairs' policy, which prioritizes ANZSCO over deeming dates.

Highlights

Deeming dates are crucial for understanding how skill assessments affect visa applications.

A deeming date is when a skill assessment body decides an individual has reached the minimum skill level for a job.

Deeming dates are not commonly discussed in the real world of job applications.

Some skill assessment bodies, like Engineers Australia, do not use deeming dates.

VES, Australia's largest skill assessment body, uses deeming dates which can be frustrating for applicants.

Deeming dates can remove years of experience and delay when an applicant is considered skilled.

A real example is given where VES delayed the deeming date despite the applicant's extensive experience.

The immigration department's policy allows for the consideration of all work experience after meeting the minimum requirements.

The Australian and New Zealand Standard Classification of Occupations (ANZSCO) is key in determining skilled work.

Skill assessment bodies sometimes deviate from ANZSCO requirements, creating confusion.

A landmark court case ruled that case officers must consider all work experience after meeting ANZSCO requirements.

The immigration department's policy now favors the more beneficial outcome for applicants.

Applicants should not limit their work experience claims based on deeming dates alone.

The New South Wales government has been reluctant to follow the immigration department's policy on deeming dates.

The presenter encourages applicants to claim as many points as possible for work experience.

The presenter offers help for those confused about deeming dates and how they affect visa applications.

The video will return to its regular schedule next week with more Australian immigration news.