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Thread: Suitably qualified for work experience-SMC?

  1. #1
    Join Date
    Apr 2017
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    New Zealand
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    Default Suitably qualified for work experience-SMC?

    Hi everyone,

    I am asking this for a friend, who has just applied for SMC under the new policy effective after August 28 2017.

    It seems that the requirements for recognition of skilled work experience are as follows:

    "Points are awarded for skilled work experience in a skill level 1, 2 or 3 occupation if an immigration officer is satisfied that:

    the work undertaken substantially matched (see SM7.10.5) the description for that occupation as set out in the Australia New Zealand Standard Classification of Occupations (ANZSCO); and
    the applicant was suitably qualified (see SM7.10.10) for that work prior to the work experience for which points are claimed.

    Also,

    An applicant will be assessed as suitably qualified in terms of SM7.10.1 (b) above if they hold a relevant qualification as specified in the ANZSCO for that occupation.
    For the purposes of this provision, a qualification is relevant to an applicant’s employment in a skill level 1, 2 or 3 occupation for which they are claiming points for skilled work experience if:
    the major subject area of the principal applicant's recognised qualification is directly applicable to the employment; or
    an immigration officer is satisfied that the qualification was a key factor in the employer's decision to employ the principal applicant in that position." (Operations Manual, SMC)

    1. So my friend's job was definitely skilled (ANZSCO Market Research Analyst) and we have a fair overlap with the duties so first condition is taken care of.
    2. We are stuck with the second condition, he holds a bachelor's degree in engineering physics and the work he did was a lot of math, stat and computer application based tools. We can show from his transcript that over 4 years, he took about 7 courses that were directly relevant to his field of work. In fact, the employer hires students with this degree because they are pretty good with quantitative, computing and analytical skills.

    My friend's LIA is pointing out that his degree and work experience are not compatible, hence he can't claim points here. But we think otherwise because the nature of courses needs to be considered here before just looking at the major and deciding. Do you think my friend and I have some ground here?

    Worst comes worst, if the case officer denies those 10 points (for 2.5 years of work ex), is there a way we can corroborate our claims? A letter from my friend's manager, perhaps?

    Suggestions and comments are welcome!

  2. #2
    Join Date
    Feb 2008
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    Default

    Has the friend had a PPI email about this?

  3. #3
    Join Date
    Apr 2017
    Location
    New Zealand
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    Default

    No, JandM. Nothing so bad until now, thankfully. He has just submitted his EOI, but the LIA has already warned him of this potential point of conflict that INZ might raise.

  4. #4
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    Default

    Does anyone have any idea as to what kind of evidence my friend can use to prove that he was suitably qualified for his job as a market research analyst?

  5. #5
    Join Date
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    Default

    Notice, this is just me reading the regulation and the situation as you have written it out. I have not seen anyone else's story from the same position - what follows is just what seems to me to be common sense.

    If the qualification needs to have been "a key factor in the employer's decision to employ the principal applicant in that position", then a letter from the employer to that effect, coupled with the degree transcript showing the key areas which transfer, should be a strong argument.

  6. #6
    Join Date
    Apr 2017
    Location
    New Zealand
    Posts
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    Default

    Thanks JandM. That's what I also thought in my friend's case. Unfortunately, his LIA is not that optimistic. Don't know why!

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