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P Nguyen

Work experience requirement for 186 Direct Entry

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Hi all,

I'm planning to apply for 186 Direct Entry and have a concern regarding the requirement on work experience. Below are my background and questions - sorry in advanced for the long post! Your help will be much appreciated.

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I've been working professionally as a software engineer for 5.5 years. During the past 4 years I've been working for a Melbourne-based tech startup as a remote contractor (working remotely from Vietnam). Now my employer wants to sponsor for me to get the 186 visa Direct Entry, so that I can come to Australia and become a permanent resident.

However, there's one requirement of the 186 visa that concerns me: "...have at least 3 years relevant work experience". I'm concerned because many sources on the internet specifically mentions that those 3 years of experience need to be post-qualification, which means experience achieved after completing a degree. The problem is that although I've entered a university in my home country Vietnam, I didn't finish it and now have no tertiary degree. I'm afraid this means my 5.5 years of work experience will not be valid for fulfilling the visa requirement.

Please let me have two questions:

1) Is the "years of work experience" requirement of visas such as 186 Direct Entry (3 years), TSS (2 years), and 189 Points-tested (contribute to points) always strictly consider only the years of work performed after completing a tertiary degree? Is there any possibility that an exception can be made for my case, given that I've already worked for  my sponsoring company for 4 years in a very senior role?

2) In case there is no exception, I'll get a tertiary degree in Australia with the ultimate goal of becoming a permanent resident. Two paths that I have in mind are:

- 2 years studying a tertiary degree --> 2 years working under 485 visa --> Submit EOI for the 189 visa

Or

- 2 years studying a tertiary degree --> 2 years working under 485 visa --> 1 year working under TSS visa --> Apply for 186 visa Direct Entry

For my case, do you think these paths are valid and are the most ideal routes to permanent residency? Are there better options for me?

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Thank you for reading this post. Your help will be greatly appreciated.

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On 8/15/2019 at 12:27 AM, P Nguyen said:

1) Is the "years of work experience" requirement of visas such as 186 Direct Entry (3 years), TSS (2 years), and 189 Points-tested (contribute to points) always strictly consider only the years of work performed after completing a tertiary degree? Is there any possibility that an exception can be made for my case, given that I've already worked for  my sponsoring company for 4 years in a very senior role?

2) In case there is no exception, I'll get a tertiary degree in Australia with the ultimate goal of becoming a permanent resident. Two paths that I have in mind are:

- 2 years studying a tertiary degree --> 2 years working under 485 visa --> Submit EOI for the 189 visa

Or

- 2 years studying a tertiary degree --> 2 years working under 485 visa --> 1 year working under TSS visa --> Apply for 186 visa Direct Entry

For my case, do you think these paths are valid and are the most ideal routes to permanent residency? Are there better options for me?

Work experience without a formal qualification is applicable in most industries, but not always (ie Medicine, Law etc).  Your work experience will be considered but you are seriously penalised as you do not have formal qualifications.

Either of these routes are valid.

I have not seen a 186 or a TSS granted in the IT industry without support formal degree qualifications and relevant experience.  There is just too much supply of qualified candidates.

The only path you may have if if your employer can establish a case that you possess unique technical knowledge, others will not possess, and use this as grounds.  This will probably need a specialist agent to prepare your application, as industry expert evidence is usually required to make a good case.

 

As a general rule in Australia, one does not call themselves and Engineer, unless they have a degree in Engineering (of whatever discipline).  Furthermore, a Professional Engineer, is an Engineer who is Chartered by a Professional Organisation, and working as a Consulting Engineer. I know its all semantics, but those of us who have gained the qualifications, get very protective over the appropriate use of the Titles.   

I would describe you as a Professional Software Developer.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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