Why change of PAM regarding the work experience points?

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Why change of PAM regarding the work experience points?


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Old 18th January 2020, 12:56 PM
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Default Why change of PAM regarding the work experience points?

Is there any migration agents or lawyer on the forum who can advise on this?

One of my hypohesis is that there're lawsuits against DHA on the their previous execution of the Schedule 6D point system, but couldn't find any substantial records. Or is it possible that they're just baiting more applicants so that they could reject us?

I was comparing the two versions of PAM:

Current one following

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Old 18th January 2020, 01:10 PM
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Sorry left some part of the message.


Last edited by petergao0528; 18th January 2020 at 01:13 PM.
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Old 18th January 2020, 01:15 PM
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Is there any migration agents or lawyer on the forum who can advise on this?

One of my hypohesis is that there're lawsuits against DHA on the their previous execution of the Schedule 6D point system, but couldn't find any substantial records. Or is it possible that they're just baiting more applicants so that they could reject us?

I was comparing the two versions of PAM:

Old one

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Employment must be skilled
When can employment be considered skilled
For employment to be awarded points under Schedule 6D, it should meet the following standards:

had been undertaken at the required standard after the applicant met the entry level requirements as set by the relevant assessing authority for that occupation (that is, completed a sufficient level of study and or amount of on-the-job training and or post-qualification work experience and or registration requirement) and
involve duties at the level of depth and complexity expected in Australia.
If the relevant assessing authority has not provided an opinion on skilled employment and there are no standards set by the relevant assessing authority available in the public domain, decision makers should refer to guidance in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) when assessing the applicants’ skilled employment claims.

When is an applicant skilled
An applicant is considered skilled for the purpose of obtaining skilled employment points from the date the relevant assessing authority assessed them as suitable in their nominated skilled occupation:

If a skills assessment provides a date at which the assessing authority is of the view that the applicant became suitably skilled for awarding employment points, the department will consider only employment undertaken from that date as meeting the skilled employment experience criteria in Schedule 6D. For example, if an applicant has obtained a skilled employment opinion from Australian Computing Society (ACS), they should record in SkillSelect the periods of employment the ACS has determined are at the skilled level and eligible for being awarded points.
The date on which an applicant becomes suitably skilled for employment experience points may be different from the date on which a relevant assessing authority assesses the person as suitable. For example, a relevant assessing authority may issue a suitable skills assessment on the basis of attainment of a tertiary qualification but may require a period of post qualification work experience before considering an applicant as suitably skilled for the purpose of employment points.
If the applicant has made claims of skilled employment periods that are not considered by the assessing authority on the skills assessment, the department may refer to publicly available information set by the relevant assessing authority or ANZSCO in order to make a full assessment of the claims. This situation might arise if an applicant is claiming skills over a ten year period but the skills assessment states that it only assesses claims of work experience undertaken in the 5 years immediately prior to skills assessment.
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New One

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.

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I'm confused about the last paragraph of the new PAM, the "regulation" refers to the legislation documents which have legal power, so DHA's official interpetation is that the emphasize is on the skilled occupation, not the particular level of skill standard requirement for the applicant. So as long as we have positive skill assessment that states we fit into the skilled occupation, and evidence of employment with payment slips and reference letters, we can claim the point?

If I read into the old one, it's emphasizing both the employment be skilled and if/when the applicant is skilled.

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