# Visa 189 Refused.Query for Re-apply and cost



## cipherk (May 14, 2014)

Hello everyone,

I am new here and this is my first post.

I have applied for Visa 189 but it got refused as stated by CO for having less skilled experience than 3 yrs (I had claimed 5 points for skilled experience of 3yrs or more). Brief about my application:

* My assessment done by ACS had my skilled experience counted from 1 DEC 2010. 
* I came to Australia on a 457 on 26th April 2013.
* I submitted my EOI on 1 DEC 2013 with 60 points (thinking my Skilled experience was 3yrs+ from 1DEC2010-1DEC2013)
* I got invite on 7th April 2014 (after waiting for nearly 5 months) and applied on 15 April 2014 with 60 Points.

My application got refused today stating that the skilled experience OUTSIDE AUSTRALIA was less than 3 yrs (1 DEC 2010 - 25April 2013)


So now, I have a few queries:

1. If someone has 2.5 yrs of experience OUTSIDE Australia and 8 months of latest Exp WORKING IN Australia on 457, is it still not valid to claim skilled experience points ? (It seems strange to me that if I was not in Australia, my application was valid and I would have got points for skilled experience)
A point to note here is that I did not claim any points for my Aus Exp.

2. Can I re-apply again for 189 since I am eligible now that I have more than 1 yr of Experience in Australia (that will add up to 60 again).

3. Would I need to pay again the application amount for me and my wife ? Is there no way I can relate to my refused application and save on having to pay EOI application cost again ($5300 is a big amount for me)

Appreciate your help on reading the whole lot and your advice.

Many thanks!!


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## kyoizanag (Mar 29, 2014)

Sorry for your loss. Well, if the CO is that strict then you cannot do anything about it. So a 3 years combination of overseas and Australian work experience does not give you 5 points. New applicants should take note. It is an obvious issue so I am wondering why did not you seek confirmation from dibp during the whole process? If you have 60 points now then just get in the queue asap as 60s get invited in 1 or 2 rounds until end of June - 3 rounds left, before they apply any unknown rule.

Ps: There wasn't invitation round on 7/4/14. Did you mean 14/4/14?


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## bond_bhai (Jan 26, 2012)

What did you ACS letter say? If you have claimed more than what ACS mentioned in the letter then the application will be rejected, unfortunately. You can talk to your CO (Mail them) mentioning its a mistake and ask them to give an option to withdraw (with a refund). This is, however, a long shot and chances are thin that you will get back the amount you paid. I guess there is an option to appeal the decision - see this link - https://www.immi.gov.au/FAQs/Pages/...ation-is-refused-or-my-visa-is-cancelled.aspx

You can apply again, not an issue. But you need pay up again.


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## AncientGlory (Aug 23, 2012)

cipherk said:


> 1. If someone has 2.5 yrs of experience OUTSIDE Australia and 8 months of latest Exp WORKING IN Australia on 457, is it still not valid to claim skilled experience points ? (It seems strange to me that if I was not in Australia, my application was valid and I would have got points for skilled experience)
> A point to note here is that I did not claim any points for my Aus Exp.


Although it does seem logical to combine your experience, technically you cannot according to DIBP point system. Additionally, if you didn't claim points for Aus Exp. CO was right to say you didn't have 3 years of work experience, right?



cipherk said:


> 2. Can I re-apply again for 189 since I am eligible now that I have more than 1 yr of Experience in Australia (that will add up to 60 again).


Yes.



cipherk said:


> 3. Would I need to pay again the application amount for me and my wife ? Is there no way I can relate to my refused application and save on having to pay EOI application cost again ($5300 is a big amount for me)
> 
> Appreciate your help on reading the whole lot and your advice.
> 
> Many thanks!!


You will have to pay the visa fees again. you pay visa pays for the analysis of your application. It has already been done for your first application. If you apply again, you need to pay the fees again. Hope that makes sense. You can always ask the department about your options though.


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## cipherk (May 14, 2014)

Thank you all for taking time and replying to my posts.

So, if my Case if Refused by the Case officer. What options do I have other than: 

1. Re-submitting a new EOI and 
2. Going to the MRT (migration review tribunal) for a review


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## pyramid (Apr 3, 2014)

cipherk said:


> Thank you all for taking time and replying to my posts.
> 
> So, if my Case if Refused by the Case officer. What options do I have other than:
> 
> ...


I'm not sure about new EOI but MRT won't be helpful because technical you claimed point which you NOT supposed to claim..


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## rahulk.4 (May 31, 2013)

Did you claimed extra points which were not mentioned in the ACS letter??

See, you can claim points for the experience even gained after your ACS is done by showing DIBP the valid proofs. All your experience is valid till you didn't get the invite to lodge VISA provided you attach all valid proofs such as salary slips, reference letter.

When your application was opened, did they asked you anything or they directly sent an email that your VISa is rejected


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## rahulk.4 (May 31, 2013)

Ohh you did a mistake dude.. You had 2.5 years of OUTSIDE AUSTRALIA experience and your 8 months of experience is mentioned as Australian experience, therefore, you did not lie in any bracket to claim Australian and OUTSIDE australia experience. I am sorry. Please re-apply again, we have still more rounds to open



cipherk said:


> Hello everyone,
> 
> I am new here and this is my first post.
> 
> ...


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