# Reapplying after a rejected visa



## raj_in_melbourne (Aug 4, 2010)

Hi everyone,

My mate got his 175 visa application refusal email today(as he had added the skills assessment document after submitting the application). Does this mean his current 457 visa will get void?

Also does this refusal mean he can never apply for PR?

Sorry for such strange questions but I thought this might be a good place to get some answers for him. 

Thank you

Raj


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## Guest (Jun 20, 2012)

No his 457 is valid until it's expiry date. If it had expired and he was on a bridging visa then yes he now has no visa and needs to leave Australia.

He can apply again but depending on the reason for refusal he may face difficulty.


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## anj1976 (Apr 24, 2008)

he can apply right away if his assessment is valid and yes they do reject if the assessment is not submitted with the application


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## srivasu (Feb 29, 2012)

raj_in_melbourne said:


> Hi everyone,
> 
> My mate got his 175 visa application refusal email today(as he had added the skills assessment document after submitting the application). Does this mean his current 457 visa will get void?
> 
> ...


Little paranoia here, but what do you mean by "added skills assessment document after submitting the application" ? 

Do you mean that the skills assessment was dated after the 175 application was made ?

Or do you mean that he uploaded the skills assessment evidence after lodging the application - like a gap of couple of days between lodging the application and uploading the doc :confused2:


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## hahamed (Apr 7, 2011)

srivasu said:


> Little paranoia here, but what do you mean by "added skills assessment document after submitting the application" ?
> 
> Do you mean that the skills assessment was dated after the 175 application was made ?
> 
> Or do you mean that he uploaded the skills assessment evidence after lodging the application - like a gap of couple of days between lodging the application and uploading the doc :confused2:


it must be Date of Assessment outcome is after DIAC application date.


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## jb12 (Jan 27, 2012)

srivasu said:


> Little paranoia here, but what do you mean by "added skills assessment document after submitting the application" ?
> 
> Do you mean that the skills assessment was dated after the 175 application was made ?
> 
> Or do you mean that he uploaded the skills assessment evidence after lodging the application - like a gap of couple of days between lodging the application and uploading the doc :confused2:


I'm not sure what happened regarding this person submitting the information after. I do remember when I had applied for this visa, there was a section asking for the reference number assigned to the assessment letter to me stating my skills were recognized. Without this letter and the reference number, I would not have been eligible to apply. So if you documented your reference number in your application you should be fine. However, for anyone submitting an application without being assessed and their skills recognized, would likely get rejected because it specifically stated this requirement. This was what I remembered when I applied.


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## raj_in_melbourne (Aug 4, 2010)

*Another question, if I may*

Thank you for all the helpful responses.

He does have a valid ACS assessment(which covers his qualification) and IELTS score of 7 each. He gets 65 points, if he gets 5 points for his Oz experience (which has not assessed by ACS).

This uncertainity of whether he will get the 5 points for his experience has lead to another question.  (he had rung up DIAC who confirmed that he can put in his application as DIAC do their own assessment on the employment history and not always neeed the ACS assessment)

Q) Even though he has the required score in IELTS to pass the basic eligibility . Can add another IELTS score to his application if he gets a higher score later ON?

Q) During the decision making process will the updated IELTS score be considered?

PS: He believes that if he has a higher point score he will get processed quickly.


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## jb12 (Jan 27, 2012)

raj_in_melbourne said:


> Thank you for all the helpful responses.
> 
> He does have a valid ACS assessment(which covers his qualification) and IELTS score of 7 each. He gets 65 points, if he gets 5 points for his Oz experience (which has not assessed by ACS).
> 
> ...


Hi Raj,
I'm a little confused of why your friend was rejected if he/she has all the information? What didn't your friend submit on time? Was it that he/she didn't have enough points?

July 1st is when the new rules apply and don't have much time about retaking the IELTS since I believe he/she would have to wait for the results? Or is your friend targeting the new Skill Select because you make a comment that if he gets a higher point score, he will get processed quickly?

If your friend wants to reapply with the old rules, he/she should have all documents submitted or documented at the time of the submission of the application. In reading the Skill Select (new rules) information, *In order to submit a complete EOI you must meet the points test pass mark. Your complete EOI will then be ranked on the basis of your claims against points test factors. Invitations will be issued to those who achieve the highest rankings, subject to the operation of the occupational ceiling.

If you receive an invitation to apply and make an application, your application will then be assessed against the Points Test. Your points score against the Points Test must be equal to or greater than the number of points you claimed in your EOI.

For more information on proposed points test and other visa requirements for this visa, please see New points based skilled visas.*

More information about the Skill Select can be found in immi.gov.au 



Skill Select (subclass 189-formerly 175?) : Skilled Independent (subclass 189) visa

_The 'invitation' process

To be able to lodge a valid 189 visa application you need to first submit an expression of interest (EOI) for this visa and then receive an invitation to apply. For further information about the invitation process visit the SkillSelect website.

Visa requirements

The Points Test requirement

The points test is a transparent and objective method of selecting skilled migrants with the skills and attributes needed in Australia. The Points Test awards points on the basis of a range of skills and attributes.

You have to meet the Points Test pass mark in order to be granted a visa. The pass mark is the total number of points you must score to pass the Points Test. The pass mark is subject to change and any changes to the pass mark are announced on the department's website.

In order to submit a complete EOI you must meet the points test pass mark. Your complete EOI will then be ranked on the basis of your claims against points test factors. Invitations will be issued to those who achieve the highest rankings, subject to the operation of the occupational ceiling.

If you receive an invitation to apply and make an application, your application will then be assessed against the Points Test. Your points score against the Points Test must be equal to or greater than the number of points you claimed in your EOI.

For more information on proposed points test and other visa requirements for this visa, please see New points based skilled visas.

What evidence do I need to support my claims?

When you submit your EOI you will not be asked to provide evidence to support your claims. However, if you are invited to apply, you will need to provide evidence to support all the claims that were in your EOI at the time you were invited.

If my circumstances change while waiting for an invitation, what do I do?

EOIs remain active in SkillSelect for two years. During the time from when you submit your EOI to when you receive an invitation or your EOI ceases, information about your attributes and skills may change. SkillSelect will automatically calculate any changes to your age up to the period you are invited. However, for other factors, such as if you upgrade you English proficiency, you will need to enter this new information into SkillSelect. Further information on updating your EOI is available on the SkillSelect website.

Age requirements

At time of invitation, you must be less than 50 years of age. This means that even if you are under 50 when you submit your EOI, it is your age at the time an invitation that is taken into account.

Skills assessment

To apply for this visa you must nominate an occupation that is on the Skilled Occupation List (SOL) that is current at the date an invitation is issued. The SOL lists all eligible occupations for points tested skilled migration.

Regardless of which points tested skilled migration visa you apply for, you must provide evidence that your skills have been assessed as suitable for your nominated occupation by the relevant assessing authority for your nominated occupation.

It is your responsibility to contact the relevant assessing authority for your nominated occupation and obtain a skills assessment. Each assessing authority has its own assessment procedures, timeframes and fees. You are strongly advised to contact the relevant assessing authority well before you submit your EOI to arrange your skills assessment.

To find out which assessing authority you need to contact refer to information on our website – Australian Skills Recognition Information (ASRI).

English language requirements

At time of invitation, you will be required to demonstrate that you have at least Competent English. Competent English is defined as an International English Language Test System (IELTS) score of at least six in each of the four components of the IELTS test; or at least B in the Occupational English Test (OET) test; or being a citizen and passport holder of either the UK, Canada, New Zealand, Republic of Ireland or the USA.

Location and eligible visa requirements

You can be in or outside Australia when you submit your EOI, when you lodge an application or when the visa is decided.

If you are intending to apply in Australia, there are no prerequisite visa requirements to lodge an application in Australia. You can apply if you are the holder of any valid visa except some bridging and other non substantive visas (Bridging visas D, E or F; Criminal justice visa; or an enforcement visa).

It is important to note, that an EOI is not a visa application and you will not be granted a Bridging visa. If you are in Australia when you submit an EOI, and you do not hold a valid visa or are unable to apply for one, then you must depart Australia._


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## raj_in_melbourne (Aug 4, 2010)

jb12 said:


> Hi Raj,
> I'm a little confused of why your friend was rejected if he/she has all the information? What didn't your friend submit on time? Was it that he/she didn't have enough points?
> 
> July 1st is when the new rules apply and don't have much time about retaking the IELTS since I believe he/she would have to wait for the results? Or is your friend targeting the new Skill Select because you make a comment that if he gets a higher point score, he will get processed quickly?
> ...


Hi ,

Just to clear off the confusion, a bit of background:

Long Story:
When he was thinking of applying for a 175 last year, he did not have any experience to get the points which is why he only got his qualification verified. However, the ACS result took longer than expected which is why he applied without waiting for the result to come first (due to some on-going politics at his office regarding his sponsorship).

The IELTS had expired in the meanwhile, while his application was still at DIAC, so he gave it again and got 7 in each band.

The CO rejected his visa as the assessment result was announced after the visa was applied for.

Short story:
Present day, he is willing to apply again. He wants to apply for 175 as he meets the basic eligibility criteria, he has 60 points now with the ACS assessment. He is hoping for 5 points to be awarded for his 1yr in Oz. 

He had recently given a call to DIAC who confirmed that once he has applied for the visa, he can continue to add information to his application. They said that the CO makes the decision on the documents that are present in the application only once they are assigned. He wants to get 8 in IELTS to increase his points score as he is unsure if his experience will be accepted as valid experience for the 5 points.

I hope this cleared the confusion and the reason for his question.

I really appreciate any response on the question, if any one knows if what DIAC mentioned about CO decision making is right?

Thanks


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## jb12 (Jan 27, 2012)

raj_in_melbourne said:


> Hi ,
> 
> Just to clear off the confusion, a bit of background:
> 
> ...


Thanks for the background information. Makes more sense now. 

Looks like a similar question had been asked before in this forum: http://www.expatforum.com/expats/au...australia/102948-ielts-score-after-lodge.html

In reading all the information regarding submitting the IETLs score after from the internet. I assume the IELTS test still has to be taken before the application was submitted. Not taking the IELTs test after the submission of the application. It might be true what the DIAC has stated about submitting documents after the lodge of the application and before the case officer reviews all the information. But that case officer will look at the IELTs test date and might reject the visa based that the test was taken after the lodge of the visa application. This is in regards to the new IELTs with a score of 8. It might be higher but it was taken after the submission of the application. I guess the decision will be up to the case officer at this point seeing two IELTs scores? 

If your friend is trying to meet the deadline in re-applying for the visa 175 before the new changes, he should just apply with his current IELTS score. If he/she has the 1 yr work experience in Australia within his profession, I can't see why he/she is not confident of getting the 5 points. Can your friend contact the case officer that rejected his visa if the 5 points towards 1 yr Australian experience was approved?

Your friend is taking a risk of possibly being rejected again for the visa if not following the requirements.


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## raj_in_melbourne (Aug 4, 2010)

jb12 said:


> Thanks for the background information. Makes more sense now.
> 
> Looks like a similar question had been asked before in this forum: http://www.expatforum.com/expats/au...australia/102948-ielts-score-after-lodge.html
> 
> ...


I agree it will be a risk on his be-half. 

What does DIAC look for when considering work experience points?

He has got a stat dec from his supervisory written as per 1220.0 - ANZSCO - Australian and New Zealand Standard Classification of Occupations, First Edition, 2006

The above link is from: Systems Analyst - 261112

Will this suffice?

Also, would he need to submit anything else apart from: 
- Supervisor Stat Dec (stating the roles and responsibilities)
- HR letter - confirming the employment duration (on company letterhead)


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## raj_in_melbourne (Aug 4, 2010)

raj_in_melbourne said:


> I agree it will be a risk on his be-half.
> 
> What does DIAC look for when considering work experience points?
> 
> ...


Also would he need to submit anything else apart from: 
- Supervisor Stat Dec (stating the roles and responsibilities)
- HR letter - confirming the employment duration (on company letterhead)


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## jb12 (Jan 27, 2012)

raj_in_melbourne said:


> Also would he need to submit anything else apart from:
> - Supervisor Stat Dec (stating the roles and responsibilities)
> - HR letter - confirming the employment duration (on company letterhead)


Based in the information from Australia's Immigration website: Skilled – Independent (Migrant) Visa (Subclass 175)

In addtion to items you have provided above, your friend also has to provide evidence he was paid for this work. I would suggest copies of his pay stubs and copies of bank statements indicating this was deposited. Your friend can block out all other information that isn't relevant. Not sure what the new requirements are, but I believe I also included a copy of my resume. So when the case officer reviews the information, he/she will need to be confident that your friend has fulfilled this requirement.


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## hahamed (Apr 7, 2011)

raj_in_melbourne said:


> Hi ,
> 
> Just to clear off the confusion, a bit of background:
> 
> ...




In *current Point-tested GSM VISA system *(upto June 30, 2012), Other than Med & PCC, almost all Doc/Evidence date for Primary applicant must be *on or before Date of Application.* U can however, add/upload document after Date of application, meaning those essential Documents/Assessment outcomes took place before date of your application, but for whatever reason u didnt have scan copy or document in hand - so u are allowed to submit them at a later date, upon CO request or even during application process before CO allocation.

Now in new EOI (July 1st 2012 onwards) u will be able to update info until u get qualifying Point for receiving "Invitation to Apply" (again all Evidence dates must be on or before date of Invitation, if u r invited to apply). See *New Point tested System*


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## mhk (Apr 25, 2012)

i asked my employer to issue me a a fresh reference letter after a couple of days of lodging of my 175 application...do u think that's not correct? and i should have submitted a letter that was of older date?


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## hahamed (Apr 7, 2011)

mhk said:


> i asked my employer to issue me a a fresh reference letter after a couple of days of lodging of my 175 application...do u think that's not correct? and i should have submitted a letter that was of older date?



I think CO is the best Judge, 

In Experience point i think critical requirement is that Number of Years should be completed before Date of application and to have the Assessment done by respective Assessing authority (eg. Engineers Australia). Try best to follow Guidlines for supporting document submission already mentioned in *GSM Booklet 6*. 

See Page 22 for 'points for Overseas employment'. 

*
Before you lodge your application*

1. Obtain evidence such as employment references and detailed duty statements covering the required period. Employment references must:
• be written on the official letterhead of the company or government department providing the reference;
• The letterhead should indicate clearly the full address of the company and any telephone, fax numbers, e-mail and website addresses;
• The name and position of the person authorised to sign the employment reference should be typed or stamped below that person’s signature;
• The contact telephone number of the person writing the reference should be included in the letter;
• The letter should indicate the exact period of employment (including whether permanent or temporary, full or part-time), position(s) held, the 5 main duties undertaken and the salary earned – positions should not be described by generic titles (eg. research officer, public servant) but according to the nature of the duties undertaken (eg. research chemist, accounts clerk); and
• A payslip from your current employment should also be included – this is especially important from applicants working in government departments.

2. For you to receive these points, documentary evidence should be included with your application

....


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## mhk (Apr 25, 2012)

i do have completed the required number of experience prior to my application...it's just that i asked my employer to issue me a new letter...what do u suggest, do i need to submit a letter that was prior to application lodgement?


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