Your Assessing Authority’s Skilled Date vs ANZSCO: Which Counts for Points?

Most skills assessments state a date from which the assessing authority considers you skilled. Many applicants assume that date is the only thing that matters for employment points. The Department’s instructions say otherwise. The assessing authority’s opinion is important, but it is not the only factor.

What the Department looks at

The Department’s instructions for the Schedule 6D points test say that, when assessing periods of skilled employment, officers must take into account:

1. the opinion of the relevant assessing authority on your period of skilled employment, including the date it deemed you skilled;
2. the Australian and New Zealand Standard Classification of Occupations (ANZSCO), including any prerequisite qualifications or work experience for the occupation; and
3. any other relevant information, such as employment records and references.

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The more beneficial outcome

The key sentence in the instructions is this: if the assessing authority’s opinion would result in fewer points than you claimed in your EOI, the officer should consider the information in ANZSCO and apply the more beneficial outcome in deciding when you were working at a skilled level.

For example, an assessing authority may count your experience only from a date some years after you started work, because it deducts a set period to reach the skilled level. If ANZSCO says the occupation needs a bachelor degree and you held that degree when you started, there may be an argument that some of the deducted period was skilled employment. Whether that argument succeeds depends on your evidence and the occupation.

The instructions also say the regulations only require you to have been employed in your nominated occupation for the period. They do not require you to have had skills of a particular standard during that time. Officers can check that you performed at least some of the duties ANZSCO lists for the occupation.

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Your evidence still has to stand up

The more beneficial outcome rule is not a shortcut. Officers must also be satisfied that your documents are genuine. Strong evidence usually includes:

• reference letters on company letterhead with dates, hours, salary and detailed duties;
• payslips, tax records or bank statements that match the claimed periods;
• employment contracts and any promotion letters;
• your skills assessment outcome and the evidence you gave the assessing authority.

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State nomination can be stricter

State and territory governments set their own criteria for 190 and 491 nomination. Some only accept employment from the assessing authority’s skilled date, or from when you completed your qualification if no date is given. If you are seeking nomination, the points in your EOI should match what the state will accept, even if the Department might accept more. Check our guides to 190 state requirements and 491 state requirements.

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What this means for your EOI

Visa	Practical approach
189	You can consider the more beneficial outcome rule, but only claim periods you can support with strong evidence and an ANZSCO-based explanation.
190 or 491	Follow the nominating state’s rule first. A claim the state does not accept can cost you the nomination.

If your claim depends on this rule, it is worth getting advice before you are invited. Once invited, your EOI is locked, and an over-claim cannot be fixed by changing the EOI. See what to do if you are invited but cannot prove a claim.