Navigating the Australian immigration system can be a complex and frustrating experience, especially for skilled visa applicants. One of the key challenges many face is the concept of the “deeming date” — a term used by certain skills assessment bodies to determine when an individual has officially reached the minimum skill level required for their profession. While seemingly straightforward, this process can cause significant delays and confusion, as it often leads to the exclusion of years of valuable work experience.
In this blog, we will explore the concept of deeming dates, the role of skills assessment bodies like VETASSESS, and how this process impacts visa applicants. We will also discuss the ANZSCO classification system and recent legal developments that have reshaped how work experience is considered in skilled visa applications.
What Is a Deeming Date?
A “deeming date” refers to the point in time when a skills assessment body determines that an individual has achieved the minimum skill level to perform the job they are applying for. While organisations like Engineers Australia do not use deeming dates, other bodies, such as VETASSESS, heavily rely on this system. The problem with deeming dates is that they can disregard years of work experience by “deeming” an individual unqualified until they reach a specific date — often resulting in a significant reduction in points for visa applications.
For many visa applicants, this can be an infuriating process. After years of working in a profession, to be told that only certain periods of their experience count towards their visa application can feel insulting and unfair.
The Role of ANZSCO in Skill Assessments
Before the concept of skill assessments and deeming dates, the Australian immigration department relied on the Australian Standard Classification of Occupations (ASCO) to define skilled occupations. Over time, this was replaced by the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which provides a comprehensive outline of various occupations and the minimum qualifications and experience required to perform them.
ANZSCO is still the primary reference used by immigration authorities to assess whether an applicant’s job experience meets the required standards. However, certain skills assessment bodies have moved beyond ANZSCO’s basic criteria. VETASSESS, for example, introduced the deeming date process, where having the right ANZSCO qualification alone is no longer sufficient. Applicants often need additional work experience to be considered “skilled.”
The Landmark Court Case: A Turning Point for Skilled Visa Applicants
A few years ago, a landmark court ruling challenged the immigration department’s reliance on deeming dates. The court ruled that immigration officers must take into account all work experience gained after meeting the ANZSCO requirements, even if it does not align with the skill assessment body’s deeming date. This decision was significant, as it recognised that many applicants had valuable work experience that was unfairly discounted.
Following the court ruling, the immigration department revised its policy. Now, when assessing skilled employment periods, immigration officers must consider the following:
- The opinion of the skills assessment authority, including the date they deemed the applicant skilled.
- The ANZSCO classification, including any pre-requisite qualifications or experience.
- Any other relevant information, such as employment records or references.
Most importantly, if the skills assessment authority’s opinion would result in the applicant being awarded fewer points than they claimed in their Expression of Interest (EOI), immigration officers are required to apply the more favourable outcome based on ANZSCO guidelines. This means that even if a skills assessment body deems you skilled at a later date, ANZSCO can be used to recognise your work experience and award points accordingly.
The Ongoing Issue with Deeming Dates
Despite this policy change, skills assessment bodies like VETASSESS continue to issue assessments that incorporate deeming dates, leading to confusion for many applicants. These assessments often imply that applicants cannot claim points for work experience deducted to meet skill level requirements, which can be highly misleading.
The impact of these assessments extends beyond just the visa points system. For example, the New South Wales (NSW) government has long relied on deeming dates when considering applicants for state sponsorship. This has led to numerous rejections based solely on the advice of skills assessment bodies, leaving many skilled professionals frustrated by a process that does not fully recognise their expertise.
Final Thoughts: ANZSCO Still Reigns Supreme
While deeming dates can create roadblocks for skilled visa applicants, it is important to remember that ANZSCO remains the primary standard by which skilled employment is judged. If you are applying for a skilled visa in Australia, it is crucial to understand the role of both the skills assessment body and ANZSCO in your application process.
Although skill assessment bodies like VETASSESS may impose additional requirements and deeming dates, ANZSCO guidelines still hold weight, especially when it comes to ensuring that applicants are awarded the most favourable outcome for their work experience. If you find yourself in a situation where your deeming date affects your points, ensure that your immigration agent or case officer takes the ANZSCO standards into account to give you the best possible chance of success.
Key Takeaway: Don’t let deeming dates discourage you. Although the process may seem frustrating, ANZSCO remains a powerful tool in recognising your skills and work experience. Make sure you are fully informed about how both systems work so that you can maximise your chances of a successful visa application.
