Classification of Australian Remote Work for Points Test

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References

OFFICIAL: Sensitive
Personal-Privacy

In reply please quote:

FOI Request: FA 25/08/01673

File Number: FA25/08/01673

Good afternoon Ankit,

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 22 August 2025 the Department Of Home
Affairs (the Department) received your request to access documents held
by the Department under the Freedom of Information Act 1982 (the FOI
Act). This letter also provides important information about your request.

Scope of request

You have requested access to the following:

Dear Department of Home Affairs,

I am seeking access to any documents, policies, or internal guidance that
clarify whether remote work undertaken for an Australian employer by a
person holding a substantive visa with work rights is classified as
Australian work experience or overseas work experience for the purposes of
the points test for skilled migration visas (e.g., subclass 189 and 190).

In particular, I seek clarification on whether applicants are eligible to
claim skilled employment points in circumstances where periods of their
employment were performed remotely from overseas.

Your request has been allocated FOI request number FA 25/08/01673. Please
include your FOI request number in all correspondence with the Freedom of
Information Section.

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The timeframe for processing a request is 30 days from the day we receive
your request, as set out in the FOI Act.

Your review rights in relation to your request are available on [1]Freedom
of information reviews | OAIC.

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complexity and scope of your request. The Office of the Australian
Information Commissioner reported that across the public service, the
average charge notified was $335.50 in 2020-21.

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Reducing the scope of your request can reduce the time and charges
associated with processing your FOI request.

To reduce or withdraw your request, contact the FOI section at
[3][Department of Home Affairs request email] and include your FOI request number.

Contacting the FOI Section

Should you wish to discuss your request you may contact the FOI Section at
[4][Department of Home Affairs request email].

Kind regards,

Leigh
Authorised FOI Officer, Freedom of Information
Position Number 60201191

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

E: [5][Department of Home Affairs request email]

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Personal-Privacy
OFFICIAL: Sensitive

-----Original Message-----
From: Ankit <[FOI #13530 email]>
Sent: Friday, 22 August 2025 11:20 AM
To: FOI <[Department of Home Affairs request email]>
Subject: Freedom of Information request - Classification of Australian
Remote Work for Points Test

Dear Department of Home Affairs,

I am seeking access to any documents, policies, or internal guidance that
clarify whether remote work undertaken for an Australian employer by a
person holding a substantive visa with work rights is classified as
Australian work experience or overseas work experience for the purposes of
the points test for skilled migration visas (e.g., subclass 189 and 190).

In particular, I seek clarification on whether applicants are eligible to
claim skilled employment points in circumstances where periods of their
employment were performed remotely from overseas.

Thank you for your assistance.

Yours faithfully,

Ankit

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[6][FOI #13530 email]

Is [7][Department of Home Affairs request email] the wrong address for Freedom of Information
requests to Department of Home Affairs? If so, please contact us using
this form:

[8]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[9]https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. https://www.homeaffairs.gov.au/access-an...
3. mailto:[Department of Home Affairs request email]
4. mailto:[Department of Home Affairs request email]
5. mailto:[Department of Home Affairs request email]
6. mailto:[FOI #13530 email]
7. mailto:[Department of Home Affairs request email]
8. https://www.righttoknow.org.au/change_re...
9. https://www.righttoknow.org.au/help/offi...

hide quoted sections

OFFICIAL: Sensitive
Personal-Privacy

Good morning Ankit (RightToKnow),

This email is to confirm that on the 24 August 2025 the FOI section
received your request to revise your scope to:

I am requesting any policies, guidelines, internal manuals, instructions,
or decision-making documents that clarify how periods of employment are
assessed in cases where:

• An applicant is living in Australia on a substantive visa;

• The applicant is employed by an Australian employer;

• The applicant is paid in Australian dollars, receives
superannuation, and pays Australian taxation;

• The applicant performs occasional periods of remote work from
overseas for the same Australian employer.

I am seeking clarification on whether such periods of remote overseas work
are classified as Australian skilled employment or overseas skilled
employment for the purpose of calculating points under visas such as the
Subclass 189 (Skilled Independent) and Subclass 190 (Skilled Nominated).

Please be advised that the appropriate Business areas have been advised
and the FOI section will continue to process your request.

Your request has been allocated FOI request number FA 25/08/01673. Please
include your FOI request number in all correspondence with the Freedom of
Information Section.

Kind regards,

Leigh
Authorised FOI Officer, Freedom of Information
Position Number 60201191

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

E: [1][Department of Home Affairs request email]

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Personal-Privacy
OFFICIAL: Sensitive

From: Ankit <[FOI #13530 email]>
Sent: Sunday, 24 August 2025 12:22 PM
To: FOI <[Department of Home Affairs request email]>
Subject: Re: Acknowledgement – FOI request FA 25/08/01673
[SEC=OFFICIAL:Sensitive, ACCESS=Personal-Privacy]

Dear FOI,

I would like to rephrase my FOI request as I think I was not clear on my
original request.

I am requesting any policies, guidelines, internal manuals, instructions,
or decision-making documents that clarify how periods of employment are
assessed in cases where:

• An applicant is living in Australia on a substantive visa;

• The applicant is employed by an Australian employer;

• The applicant is paid in Australian dollars, receives
superannuation, and pays Australian taxation;

• The applicant performs occasional periods of remote work from
overseas for the same Australian employer.

I am seeking clarification on whether such periods of remote overseas work
are classified as Australian skilled employment or overseas skilled
employment for the purpose of calculating points under visas such as the
Subclass 189 (Skilled Independent) and Subclass 190 (Skilled Nominated).

Yours sincerely,

Ankit

-----Original Message-----

OFFICIAL: Sensitive

Personal-Privacy

In reply please quote:

FOI Request: FA 25/08/01673

File Number: FA25/08/01673

Good afternoon Ankit,

Acknowledgement of Freedom of Information Access request

This letter acknowledges that on 22 August 2025 the Department Of Home

Affairs (the Department) received your request to access documents held

by the Department under the Freedom of Information Act 1982 (the FOI

Act). This letter also provides important information about your request.

Scope of request

You have requested access to the following:

Dear Department of Home Affairs,

I am seeking access to any documents, policies, or internal guidance that

clarify whether remote work undertaken for an Australian employer by a

person holding a substantive visa with work rights is classified as

Australian work experience or overseas work experience for the purposes
of

the points test for skilled migration visas (e.g., subclass 189 and 190).

In particular, I seek clarification on whether applicants are eligible to

claim skilled employment points in circumstances where periods of their

employment were performed remotely from overseas.

Your request has been allocated FOI request number FA 25/08/01673. Please

include your FOI request number in all correspondence with the Freedom of

Information Section.

Timeframe

The timeframe for processing a request is 30 days from the day we receive

your request, as set out in the FOI Act.

Your review rights in relation to your request are available on
[1]Freedom

of information reviews | OAIC.

Fees and Charges

Charges do not apply to requests from individuals seeking access to

documents about themselves. However, a charge may apply to all other

requests for access to documents.

Charges are based on the amount of time the Department spends on your

request. Charges can range from $10 to over $1,000 depending on the

complexity and scope of your request. The Office of the Australian

Information Commissioner reported that across the public service, the

average charge notified was $335.50 in 2020-21.

If a charge applies, you will be issued with a Notice of Charge that

explains the charge and your options.

Detailed information about FOI charges that may apply to your FOI request

is available on [2]the Department’s website.

We do not provide personal details of staff or non-public facing

operational email addresses

The Department’s practice is to exclude the personal details of
Government

employees, including contractors, not in the Senior Executive Service

(SES), as well as the direct contact details of SES staff, contained in

documents that fall within scope of an FOI request. If you require

personal details of non-SES officers, or direct contact details of SES

staff, please inform us so the decision maker may consider your request.

Otherwise we will take it that you agree to that information being

excluded from the scope of your request as irrelevant under section

22(1)(a)(ii) of the FOI Act. However names of staff that have previously

been released in departmental correspondence may be disclosed.

We do not provide duplicated documents

If the FOI decision-maker deems a document to be a duplicate, they will

not assess those pages as part of your FOI request. This means that if a

there is a decision to release the document to you, you will receive only

one copy, even if multiple copies of that document exist.

Publication of document

Released documents you request may be published to our website.

Where documents are released to you in response to your request, the

Department may be required to publish these documents on its website

within 10 working days in accordance with section 11C of the FOI Act.

Publication will not be required where the documents contain personal or

business affairs information.

How to reduce or withdraw your request

Reducing the scope of your request can reduce the time and charges

associated with processing your FOI request.

To reduce or withdraw your request, contact the FOI section at

[3][Department of Home Affairs request email] and include your FOI
request number.

Contacting the FOI Section

Should you wish to discuss your request you may contact the FOI Section
at

[4][Department of Home Affairs request email].

Kind regards,

Leigh

Authorised FOI Officer, Freedom of Information

Position Number 60201191

Privacy, FOI and Records Management Branch

Legal Group

Department of Home Affairs

E: [5][Department of Home Affairs request email]

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Personal-Privacy

OFFICIAL: Sensitive

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[2][FOI #13530 email]

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[3]https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately. This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited.
The Department of Home Affairs, the ABF and the National Emergency
Management Agency respect your privacy and have obligations under the
Privacy Act 1988.

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

References

Visible links
1. mailto:[Department of Home Affairs request email]
2. mailto:[FOI #13530 email]
3. https://www.righttoknow.org.au/help/offi...

hide quoted sections

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