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

Summary

Carl 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.