# Skilled independent Subclass 189 Visa refused. Help needed



## aravindanv (Feb 19, 2015)

Hi all,

I got an email today stating that my visa application has been refused. the reason was that I did not score the required 60 points based on the documents I have submitted so far. 

The officer mentioned that the documents I have submitted for my experience were not sufficient. I had submitted a reference letter from my previous employer dated june 2013. they've considered my employment only till June 2013, but I have worked there till Aug 2014 and I have a relieving letter to prove that (I had not submitted that however.) The officer has not considered my contract and payslips from Aug 2014 till date of my current employer too. In total, they've not considered any of my experience since June 2013.

One more thing to note is that I did not get any correspondence since the submission of application till this day, requesting for additional information. Today, I got a refusal notification and this is my first correspondence after the acknowledgement of my application.

I have applied for the Visa on my own, without any agency's help. I have checked the review rights on the document that was sent with the mail and it says "There is no right of merits review for this decision." I thought I will get a communication from the department requesting for more information if the information I provided was insufficient.

I have replied to the refusal mail requesting to reconsider this as I was not given an opportunity to provide further information. I have attached to the email, the relieving letter from my previous employer also for verification. 

I would like to know if there is anyone else who have faced the same scenario. I don't know what I should do next and it would be helpful if someone here could help me out on this situation.

Thanks in advance.


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## _shel (Mar 2, 2014)

If you failed to provide evidence what did you think would happen? As far as they knew you were unemployed after the date of your last employer reference.


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## Scattley (Jul 30, 2012)

When did you submit your application? It is your responsibility to submit up to date and current information and references for any ongoing positions....submitting a letter over a year old is not going enough. Immigration is not going to email back and forth asking you for piecemeal updates, they would only get through a fraction of the applications if they did so, they rely on the information that you have submitted and nothing else. If you went through an agent they would have picked up in this and asked for the additional information before they submitted.


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## TheExpatriate (Feb 7, 2014)

there are no review rights for offshore applicants without an onshore sponsor (by definition 189 is independent and there are no sponsors) ...... 

There won't be any reconsiderations, so get your documents straightened out, re-apply and provide as MUCH evidence as possible this time

Relief letters do not count by the way, you need payslips and a more recent letter of reference


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## sohailmomin1978 (Feb 18, 2015)

Hi
How many years of experience did you claim? and till june 2013(how much years of experience it become)


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## aravindanv (Feb 19, 2015)

Hi Sohail,
I claimed more than 8 years of experience. Till June 2013 it would be less than that. I completed 8 years of experience only by September 2014. I submitted payslips and contract with the latest employer (From Aug 2014), but it wasn't considered.

Hi all,

I understand it was my mistake. But the cost of the mistake is more than I could bare. I've searched the internet and found there is no obligation for the CO to request for more information in case if it was not provided. However, it was a bit of a shocker that I got my application refused all of a sudden without any prior correspondence as from what I've heard before, the COs communicate with the applicants in case if they need more information. 

The reason I came here is to find if anyone have faced this scenario where their refused application got reconsidered. Most sites say otherwise. I was looking for an individual's account on this.

thank you.


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## sohailmomin1978 (Feb 18, 2015)

Hi

I seems you are skill one month short to claim 8 years of experience 


AM I Right


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## aravindanv (Feb 19, 2015)

Actually, they haven't considered any experience beyond the date of the reference letter I submitted of my previous employer.
I had submitted all documents in this application which I had submitted to ACS for skills accessment in 2013. It includes the reference letter from my previous employer who was my active employer in 2013. So the employer had mentioned "till date" I was their employee, Thus the officer considered that reference till June 2013 only.
My mistake is submitting an old reference letter.

Thanks


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## _shel (Mar 2, 2014)

There are no review rights or reconsiderations, anyone who tells you differently is lying. There is a small chance of senior reconsideration if they have made a serious error because they had the evidence in front of them but thats not the case here. You failed to provide the evidence so were correctly rejected. 

Their is no obligation to contact you or an agent for more information. You are given a checklist of documents and advised within their guidance how to evidence your points claim. You have an obligation to provide it.


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## jango28 (Nov 2, 2013)

aravindanv said:


> Actually, they haven't considered any experience beyond the date of the reference letter I submitted of my previous employer.
> I had submitted all documents in this application which I had submitted to ACS for skills accessment in 2013. It includes the reference letter from my previous employer who was my active employer in 2013. So the employer had mentioned "till date" I was their employee, Thus the officer considered that reference till June 2013 only.
> My mistake is submitting an old reference letter.
> 
> Thanks


When did you file for your visa? 
From your posts I gather that your ACS skills was done around Jun 2013 timeframe. So they will consider you employed till june 2013 only...probably a benefit of 1-2mos. can be given after that. Beyond that I think they are not obliged to consider you employed.


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## Ben-HH (Jan 8, 2015)

Am getting a bit nervous here.... I have submitted pretty much all docs I have submitted to VETASSESS assuming that the evidence provided there is sufficient for DIBP too.
In term of payslips I only submitted a couple of random ones per Job but not necessarily the latest one or even all.

Should that be ok or should I submit more/all?

Furtermore I have submitted a Stat Declaration for my current employment (along with the contract, payslips and job descrition) as I could not get a reference letter/Statement of service of my Employer. Should that do the job?

VETASSESS has assessed the current Employmet as relevant. However, even without I would have had at least 5 yrs overseas plus at least 1 yr AUS experience. For these Emplyoments I do have the Statement of Service etc.

Thanks for your help!


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## _shel (Mar 2, 2014)

Yup unless fresh references are provided confirming the employment is ongoing they assume you are now unemployed. With fresh references they can count to the day you apply.


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## Manick (Feb 19, 2015)

jango28 said:


> When did you file for your visa?
> From your posts I gather that your ACS skills was done around Jun 2013 timeframe. So they will consider you employed till june 2013 only...probably a benefit of 1-2mos. can be given after that. Beyond that I think they are not obliged to consider you employed.


No, they'll consider beyond ACS assessed experience. That's based on proofs like reference letter, payslips and offer letters. If not, why is ACS assessment valid for 3 years ?


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## Confused Pom (Dec 17, 2014)

aravindanv said:


> Hi all,
> 
> I got an email today stating that my visa application has been refused. the reason was that I did not score the required 60 points based on the documents I have submitted so far.
> 
> ...


You can claim for work experience done after the ACS assessment up til the day you apply for the visa..... if you stay in the same role... and submit a new reference saying so and further payslips etc. You did not do this therefore over claimed points. CO was correct I am afraid.


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## jre05 (Feb 16, 2013)

Confused Pom said:


> You can claim for work experience done after the ACS assessment up til the day you apply for the visa..... if you stay in the same role... and submit a new reference saying so and further payslips etc. You did not do this therefore over claimed points. CO was correct I am afraid.


Confused Pom, I like your name


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## _shel (Mar 2, 2014)

_shel said:


> Yup unless fresh references are provided confirming the employment is ongoing they assume you are now unemployed. With fresh references they can count to the day you apply.





Manick said:


> No, they'll consider beyond ACS assessed experience. That's based on proofs like reference letter, payslips and offer letters. If not, why is ACS assessment valid for 3 years ?


 As above. They cant assume anything you have not evidenced.


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## Confused Pom (Dec 17, 2014)

jre05 said:


> Confused Pom, I like your name


Ha ha ha this made me chuckle  thank you


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## jre05 (Feb 16, 2013)

Confused Pom said:


> Ha ha ha this made me chuckle  thank you


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## KeeDa (Sep 1, 2014)

Lets not go off topic regarding forum names. At least not on such a serious thread.

@OP: What else have you tried? Did you call them as well? General DIBP number is +61 131 881. Although chances are pretty slim with DIBP as the decision has already been made. But still, worth a try IMO.


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## aravindanv (Feb 19, 2015)

I called them up this morning. Their answer was that there is nothing that could be changed about this. I have to blame myself for the mistake. But given the cost of the application, I expected some consideration from the department.

I've submitted my EOI again and will make sure the next time I do a double-check of the documents I submit.


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## piyush1132003 (Oct 5, 2013)

_shel said:


> Yup unless fresh references are provided confirming the employment is ongoing they assume you are now unemployed. With fresh references they can count to the day you apply.


Sorry for jumping in between.

Fresh references means...only payslips and tax returns will do or fresh letter from superior stating the same level of responsi (which we have provided to ACS earlier) ?

To add one more thing, meanwhile in my current company (Employer is same), my designation has been changed although role is still same....though on my payslip--new designation is there.

I am confused, what should I submit then to claim exp after my ACS...


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## sultanshah (Jun 2, 2013)

aravindanv said:


> I called them up this morning. Their answer was that there is nothing that could be changed about this. I have to blame myself for the mistake. But given the cost of the application, I expected some consideration from the department.
> 
> I've submitted my EOI again and will make sure the next time I do a double-check of the documents I submit.


there is no need to hire a consultant, just read these forum thoroughly and seek information from seniors especially from madam Shel. Also upload very document upfront. every thing will be fine.

tc


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## sultanshah (Jun 2, 2013)

_shel said:


> Yup unless fresh references are provided confirming the employment is ongoing they assume you are now unemployed. With fresh references they can count to the day you apply.


Hi,
Madam Shel how are you. I wanted to ask you that what are the chances the CO verifies from employer about job. I am claimimg work points also from Engineers Australia my work experience is assessed.

Regards


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## TheExpatriate (Feb 7, 2014)

sultanshah said:


> Hi,
> Madam Shel how are you. I wanted to ask you that what are the chances the CO verifies from employer about job. I am claimimg work points also from Engineers Australia my work experience is assessed.
> 
> Regards


well it happened with me, they verified two of my ex-employers


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## JonDoe (Jul 17, 2014)

aravindanv said:


> Hi Sohail,
> I claimed more than 8 years of experience. Till June 2013 it would be less than that. I completed 8 years of experience only by September 2014. I submitted payslips and contract with the latest employer (From Aug 2014), but it wasn't considered.
> 
> Hi all,
> ...



I think the best option you have at this point of time is apply for an incremental assessment to ACS( they use some other term for it official). Basically as you have an ACS assessment till June 2013 you can provide incremental proof to ACS and ask them to assess your post June 2013 status till date (or till when the proof is provided). From what I hear this kind of an application is processed pretty fast.

Once you have the assessment done you can reapply an EOI with the ACS assessment. 
From my understanding the CO looks for an assessing authority to authorise your work experience. In addition to what the assessing authority certifies the CO will substantiate it with payslips, bank statement, etc.

In your case I guess you had assumed that the CO would consider non ACS assessed period too. From what I hear in forums this happens in some cases for a few months. However in your case it had to be for more than 1 year and that's where the CO would have interpreted as over claim.

Try to get the ACS reassessment done and do a fresh EOI.


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## _shel (Mar 2, 2014)

He doesnt need a new skills assessment. He needs a reference fro his eployer confirming he is in the same role. Though wont help him now, there is no appeal alliwed for his application.


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## myboat (Dec 14, 2014)

Sorry to hear that my friend aravindanv. I hope they change their mind and consider your submission. Just a quick questions guys to make sure I have done the right thing

In my application i did not claim point for my work experience (2 years overseas experience)
I have therefore only only included the report from VETASSESS, but reading from DIAC's websites it seams they require all documents submitted to the assessment authority.
Do you reckon i should upload the reference letters and payslips which I submitted to vet assess. Or it will be fine without them since I am not claiming point for work experience.

Note: Queensland state nomination required two years experience so i sent them those reference letters and payslips before the nomination.

Thanks


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## piyush1132003 (Oct 5, 2013)

_shel said:


> He doesnt need a new skills assessment. He needs a reference fro his eployer confirming he is in the same role. Though wont help him now, there is no appeal alliwed for his application.


Spoke to other members as well, even bank statement, tax statements and payslips also should be fine for the duration to claim exp after acs result if in same company !!!

Sent from my SM-G7102 using Expat Forum


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## padmayogesh (Jan 14, 2014)

_shel said:


> He doesnt need a new skills assessment. He needs a reference fro his eployer confirming he is in the same role. Though wont help him now, there is no appeal alliwed for his application.


Shel, he has changed his employer from Aug 2014. His 8 years of exp. is getting completed in Sep 2014. Isn't it required to get the skills re-assessed with the reference letter from his new employer as he his claiming points for it?


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## _shel (Mar 2, 2014)

padmayogesh said:


> Shel, he has changed his employer from Aug 2014. His 8 years of exp. is getting completed in Sep 2014. Isn't it required to get the skills re-assessed with the reference letter from his new employer as he his claiming points for it?


 No so long as he is employed in a skilled role. He is already assesed as a skilled worker so anything past that date, evidenced with references etc, is also skilled if in the same field and same level.


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## truetypezk (Dec 4, 2014)

myboat said:


> Sorry to hear that my friend aravindanv. I hope they change their mind and consider your submission. Just a quick questions guys to make sure I have done the right thing
> 
> In my application i did not claim point for my work experience (2 years overseas experience)
> I have therefore only only included the report from VETASSESS, but reading from DIAC's websites it seams they require all documents submitted to the assessment authority.
> ...



I have about 4 yrs of overseas working experience but due to laziness (I once thought if I don't claim then I don't need to provide anything) I did not claim any working experience pts for my 189 EOI.

My MSA authority (Engineers Australia) did not require any employer reference either.

But now it occurs to me that whether I still need to submit my employer reference despite I am not claiming any points. I suppose I need to disclose all my working experience faithfully on form 80/1221 but how about the 189 application form? I have not seen the e-form but is there something that asks whether this is a relevant experience just like the EOI one?

Could anyone who was in a similar situation enlighten us? Thanks a lot in advance!


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## babajani (Jun 14, 2014)

myboat said:


> Sorry to hear that my friend aravindanv. I hope they change their mind and consider your submission. Just a quick questions guys to make sure I have done the right thing
> 
> In my application i did not claim point for my work experience (2 years overseas experience)
> I have therefore only only included the report from VETASSESS, but reading from DIAC's websites it seams they require all documents submitted to the assessment authority.
> ...


Hello Myboat.

Your case is almost like mine. But I have lodged it through an agent. In my opinion you must submit proof of employment for the period you marked as relevant in your application.

You must have marked 2 years as relevant to get your nomination from QLD. So you have to submit documents for these two years.

Regards


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## myboat (Dec 14, 2014)

babajani said:


> Hello Myboat.
> 
> Your case is almost like mine. But I have lodged it through an agent. In my opinion you must submit proof of employment for the period you marked as relevant in your application.
> 
> ...


Thanks babajani,
Upon considering what you said I have uploaded them. I don't know why i should let these letters and payslips just sit on my computer and wait for CO to ask for them


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## push84 (Feb 2, 2015)

Hi Guys,
Recently I also did the same mistake, ACS has detected my work experience for which I considered 5 points and applied for visa!! Is there anyone successfully got the visa grant after such application? or anyone was able to reclaim the visa fee? please help me

thanks
push


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## _shel (Mar 2, 2014)

push84 said:


> Hi Guys,
> Recently I also did the same mistake, ACS has detected my work experience for which I considered 5 points and applied for visa!! Is there anyone successfully got the visa grant after such application? or anyone was able to reclaim the visa fee? please help me
> 
> thanks
> push


 No, you will be rejected if you have claimed for points you do not have.


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## piyush1132003 (Oct 5, 2013)

push84 said:


> Hi Guys,
> Recently I also did the same mistake, ACS has detected my work experience for which I considered 5 points and applied for visa!! Is there anyone successfully got the visa grant after such application? or anyone was able to reclaim the visa fee? please help me
> 
> thanks
> push


What does it exactly mean by ACS has detected and you claimed.
That's what everyone is supposed to.

Are you trying to say, you have over claimed ? 
Though you cannt do much right now, but may be drop note or call them to ask, that you wan to withdraw your application as you accidentally overclaim points.

Sent from my SM-G7102 using Expat Forum


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## TheExpatriate (Feb 7, 2014)

piyush1132003 said:


> What does it exactly mean by ACS has detected and you claimed.
> That's what everyone is supposed to.
> 
> Are you trying to say, you have over claimed ?
> ...


I believe he meant "deducted" not "detected"


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## piyush1132003 (Oct 5, 2013)

TheExpatriate said:


> I believe he meant "deducted" not "detected"


Oops..

Sent from my SM-G7102 using Expat Forum


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## push84 (Feb 2, 2015)

piyush1132003 said:


> What does it exactly mean by ACS has detected and you claimed.
> That's what everyone is supposed to.
> 
> Are you trying to say, you have over claimed ?
> ...


Sorry I meant ACS Deducted!!
In my case i wanted to write it to them explaining my mistake and request for Discretionary refund, can I? if yes could someone give me the email contact?


Below information I found in IMMI website.....but i can't find the contact details to whom I should write this letter!!!

You can withdraw your visa application at any stage during processing. If you would like to withdraw your General Skilled Migration (GSM) visa application you must send a written notice of withdrawal, signed by each person in the application who is aged 18 years or over, to the office processing your visa application

Discretionary refund
The visa application charge may be refunded, if the visa application is made because of a mistake by the applicant, for example the visa applicant mistakenly applies for the wrong type of visa. The application must clearly have been mistakenly made. The migration delegate has absolute discretion to make a discretionary refund.

A refund will not be given in situations where you subsequently decide that the visa application was a 'mistake' because, for example you:

change your mind about continuing the application
do not satisfy a criterion for visa grant
claim it was a mistake to have applied because your visa application was unsuccessful (that is, you state that you would never have applied for this visa had you known your application would not be successful)
consider in retrospect that you applied for the wrong class of visa.

You can make a written request for a refund stating the reasons why you consider your application fee should be refunded when sending your withdrawal letter to the office processing your visa application. 

thanks 
Push


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## push84 (Feb 2, 2015)

I did not knowingly over claim it, I didn't know about this rule. In the ACS assessment they have mentioned that the final points will be awarded by DIBP so I thought they can give points for my experience but now after going through all the posts in this forum i realized that's not the case, so I am trying to withdraw my application with refund.

thanks
Push


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## _shel (Mar 2, 2014)

You wont get a refund. The information is quite clear on the skillselect website about what you can/can not claim its not hidden.

Skilled Independent visa (subclass 189)

You can receive up to 20 points for skilled employment.

To claim points for skilled employment you must have, in the 10 years before you were invited to apply, at least 20 hours of paid work per week in your nominated skilled occupation and/or a closely related occupation.

Skilled employment is where:

*the relevant assessing authority provides an opinion in your suitable skills assessment that your employment is skilled (you must use the date that skilled employment commenced stated in your skills assessment) *
your employment experience meets the standards for skilled employment set by the relevant assessing authority on their website.
Assessing authorities that have publicly available standards on their website that we will refer to for assessing skilled employment are:

The Australian Computing Society (ACS): Migration Skills Assessment - see 'Summary of Criteria'
If the relevant assessing authority standards for assessing skilled employment does not have publicly available standards that we refer to, your employment experience must meet at least the minimum indicative skill level set by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). This may apply to occupations which require registration as evidence of a suitable skills assessment.


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## push84 (Feb 2, 2015)

_shel said:


> You wont get a refund. The information is quite clear on the skillselect website about what you can/can not claim its not hidden.
> 
> Skilled Independent visa (subclass 189)
> 
> ...


Hi Thanks for the response.

In the ACS assessment letter they have mentioned that the final decision in awarding points remains with DIAC, So I thought DIAC may give me 5 points for my 4.5 years work experience if i was able to prove them my total duration of work experience. Tell me if there is any chance to get back the payment.

thanks
Push


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## TheExpatriate (Feb 7, 2014)

you are beating a dead horse man

No there is no chance to get your money back

Question : after adjusting your points, what's your adjusted score?


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## piyush1132003 (Oct 5, 2013)

push84 said:


> Hi Thanks for the response.
> 
> In the ACS assessment letter they have mentioned that the final decision in awarding points remains with DIAC, So I thought DIAC may give me 5 points for my 4.5 years work experience if i was able to prove them my total duration of work experience. Tell me if there is any chance to get back the payment.
> 
> ...


There is nothing much anyone can do, 

As per ACS, how much score you are getting ? 
If that is still 60, then there is 1% chance or say, by luck, CO may consider your application.

Else, dont wait anymore and initiate the process, to send email to immi stating your problem and mistake you have done. Ask them if refund can be given.

Though, there are very less chances, but don't wait...just go ahead.


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## push84 (Feb 2, 2015)

piyush1132003 said:


> There is nothing much anyone can do,
> 
> As per ACS, how much score you are getting ?
> If that is still 60, then there is 1% chance or say, by luck, CO may consider your application.
> ...


Without work experience (ACS deducted 3.5 yrs from my 4.5yrs)my score is only 55, so I am gone! please share me the email address of immi or point the location for the same.

thanks
push


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## TheExpatriate (Feb 7, 2014)

just don't do nothing and wait and see what they will do. nothing you can do to make it better


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## piyush1132003 (Oct 5, 2013)

push84 said:


> Without work experience (ACS deducted 3.5 yrs from my 4.5yrs)my score is only 55, so I am gone! please share me the email address of immi or point the location for the same.
> 
> thanks
> push


Life does not end here, don't worry.

It happens with people.

Try to score good in IELTS/PTE and again apply before July if you can.

Don't let this thing overcome you !!!

PS: Simple google will let you know the phone number and contact email - id of immi.


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## mdpm20 (Apr 15, 2014)

hello and good day to all of you,

I know this too early for me to ask (I still have to take my english exam again) but what are proofs that I can show to the DIBP (in future) when I lodge the visa for employment? I am currently unemployed and I did my ACS last year and I passed it(ICT BA is my nominated position). They count my skills after June 2006. I resigned last July 2014 (I started being unemployed August 2014). Can I safely claim 8 years? TIA


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## push84 (Feb 2, 2015)

piyush1132003 said:


> There is nothing much anyone can do,
> 
> As per ACS, how much score you are getting ?
> If that is still 60, then there is 1% chance or say, by luck, CO may consider your application.
> ...


HI Piyush,

Surprise! I got the direct visa grant!! I thank everyone in this group for sharing their views. We are planning to land in AU on 25th June!!

Thanks
Push


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## canchi_mohd (Feb 15, 2013)

Hi,

If i have 3.6 years of total experience and the assessment body assessed only two years (because of post qualification is highly relevant to the nominated occupation), so in that case can i claim 5 points or not?

thanks
Mohd.


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## canchi_mohd (Feb 15, 2013)

Congrats Push


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## piyush1132003 (Oct 5, 2013)

push84 said:


> HI Piyush,
> 
> Surprise! I got the direct visa grant!! I thank everyone in this group for sharing their views. We are planning to land in AU on 25th June!!
> 
> ...


This is such a good news, 

Many many congratulations and all the best for your future endeavours 

Sent from my SM-G7102 using Expat Forum


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## artiste (Jul 24, 2012)

Im getting a bit nervous after reading the thread. ACS deducted 5 years from my work experience, although I did not claim points for the deducted work experience, I forgot to upload the reference letters I sent to ACS for the years of experience that were not considered as skilled. I only uploaded reference letters from experiences which I claimed points. CO has been assigned and didn't ask for those. There is no result yet but I should I upload the documents?


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## TheExpatriate (Feb 7, 2014)

artiste said:


> Im getting a bit nervous after reading the thread. ACS deducted 5 years from my work experience, although I did not claim points for the deducted work experience, I forgot to upload the reference letters I sent to ACS for the years of experience that were not considered as skilled. I only uploaded reference letters from experiences which I claimed points. CO has been assigned and didn't ask for those. There is no result yet but I should I upload the documents?


if they need them they will ask for them, they will not just go ahead and refuse you for a missing document


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## gaurav.kushan (Jun 11, 2015)

Hi All,

Please help me with my query here.
I have received an invite from Vic and I'm going to apply for 190.
But there's one mistake which I did in my EOI ( and it can't be edited now).
I have mentioned my full work experience 1.e. 5 years instead of 3 years (after deducting ACS's 2 year).
WHich has made my EOI 65 points, but actually it is 60 points after deducting those 5 points which have been accidentally added. 

Should this be a problem?
When case officer deducts work experience, I will still have 60 points and proofs for all these 60 points. 
(30 Age + 15 Study + 10 PTE + 5 SS) 

Please help.

thank you


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## KeeDa (Sep 1, 2014)

gaurav.kushan said:


> Hi All,
> 
> Please help me with my query here.
> I have received an invite from Vic and I'm going to apply for 190.
> ...


IMO, it will still be counted as you having jumped the queue to get an early invitation. If I were you, I would withdraw this EOI and apply a fresh one with the correct points.


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## gaurav.kushan (Jun 11, 2015)

KeeDa said:


> IMO, it will still be counted as you having jumped the queue to get an early invitation. If I were you, I would withdraw this EOI and apply a fresh one with the correct points.


How do I withdraw this EOI?
There's no update or withdraw option I see in skillselect?

And I didn't try to jump the queue cuz its 190 not 189, right?


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## KeeDa (Sep 1, 2014)

gaurav.kushan said:


> How do I withdraw this EOI?
> There's no update or withdraw option I see in skillselect?
> 
> And I didn't try to jump the queue cuz its 190 not 189, right?


Oh yes, that is right. And you have an invite too. You will have to wait 60 days for this EOI invite to lapse and it will then be editable again, but I am not sure about what happens to the SS invitation in this case. Check with the state on this topic- they probably nominated you because you seemed to have 60 points on your own. So, present your situation to them and find out if your nomination still holds good if you have only 55 points.


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## gaurav.kushan (Jun 11, 2015)

KeeDa said:


> Oh yes, that is right. And you have an invite too. You will have to wait 60 days for this EOI invite to lapse and it will then be editable again, but I am not sure about what happens to the SS invitation in this case. Check with the state on this topic- they probably nominated you because you seemed to have 60 points on your own. So, present your situation to them and find out if your nomination still holds good if you have only 55 points.


Thanks for your reply.
No to the SS application I have put the right information and points only. i.e. 55 points.
So, if I request the case officer to check with the state on my claimed points there, he/she will get to know that it's 55 only and my EOI is just with a mistake.
Though, I'm not sure if he will get into all these conversations or just take the decision without me explaining these things to him.


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## KeeDa (Sep 1, 2014)

gaurav.kushan said:


> Thanks for your reply.
> No to the SS application I have put the right information and points only. i.e. 55 points.
> So, if I request the case officer to check with the state on my claimed points there, he/she will get to know that it's 55 only and my EOI is just with a mistake.
> Though, I'm not sure if he will get into all these conversations or just take the decision without me explaining these things to him.


I am not too sure about how the state nomination thing exactly works, but isn't it that you file the EOI, select the state, and the state then invites you to apply by looking at your EOI (which had incorrect info in the first place)? I think you should post this query on the state specific thread to get inputs from the right people.


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## Janardhan.G (May 29, 2013)

guys need some suggestion..

i got my ACS in DEC 2013. ACS approved my experience from Feb 2012.

when i applied for ACS, i submitted my reference letter for my current role in Sept 2013.

i am in the same role, same company and same client. Do i need to provide reference letter again to get 5 points now when submitting VISA application? or that old reference letter (which i submitted for ACS) will be sufficient as i am in the same role same organization.

I applied for NSW nomination just now.

Thanks.


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## gaurav.kushan (Jun 11, 2015)

Janardhan.G said:


> guys need some suggestion..
> 
> i got my ACS in DEC 2013. ACS approved my experience from Feb 2012.
> 
> ...


When you apply for your visa then you can show the case officer all of your pay slips from dec 2013 untill here to prove that you're still with the same company.
You can use same ACS results. (provide not 2 years old - which isn't the case)


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## Janardhan.G (May 29, 2013)

gaurav.kushan said:


> When you apply for your visa then you can show the case officer all of your pay slips from dec 2013 untill here to prove that you're still with the same company.
> You can use same ACS results. (provide not 2 years old - which isn't the case)


Thanks for your reply.

this post made me scary...

http://www.expatforum.com/expats/6477146-post8.html


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## Maggie-May24 (May 19, 2015)

Get an updated reference letter from your employer and submit pay slips, tax documents, etc. to show you are still in paid employment. You don't need to get a new skills assessment.


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## artiste (Jul 24, 2012)

Janardhan.G said:


> Thanks for your reply.
> 
> this post made me scary...
> 
> http://www.expatforum.com/expats/6477146-post8.html



In my case, I submitted the old letter I submitted to ACS and I also submitted an updated letter just to show that I continued working on the same job in the same company since ACS assessment. I have also submitted my payslips for the time covered.


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## piyush1132003 (Oct 5, 2013)

artiste said:


> In my case, I submitted the old letter I submitted to ACS and I also submitted an updated letter just to show that I continued working on the same job in the same company since ACS assessment. I have also submitted my payslips for the time covered.


And in my case, i have submitted latest latest salary slips with latest tax deduction statement from government site.
I have not submitted any updated letter from employer.

Sent from my XT1068 using Expat Forum


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## Teezee (Jul 15, 2015)

Contact the State that nominated you, and tell them that you over-claimed the points on the initial EOI that resulted in the nomination. Request that they re-nominate you on a new EOI provided your are still 60 points and above. I have done it - worked and they re-nominated using the new EOI that I submitted took 24hrs.


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## aravindanv (Feb 19, 2015)

*Application reconsidered and successful*

Hi all,

My update is coming very late, however, here goes.. My application was reconsidered and eventually I got my grant by July..

After the initial phone call that I mentioned early in the thread, I also sent an email (as a reply to the original refusal notice itself). In the email I had provided further documents proving my work experience (experience letter from my previous employer when I left job). I pointed that they hadn't considered the proof I had provided for my latest employment. I requested them to reconsider my original application.

By late March (1 month after I sent the email), I received an acknowledgement of receipt of the email. And then two days later, one of the managers emailed that they will review my case.

By mid April, I received an email stating that the refusal was a jurisdictional error and hence my application will be reconsidered. I was asked to provide fresh set of documents of proof and I did so.

Finally, by July, I got the Grant notification.

As this was a unique scenario for me, I hope this update helps others who stumble into this kind of a scenario. If there are mistakes that were made unknowingly, your application might still be re-considered if you can submit further proofs.


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## Hamza77 (Sep 2, 2015)

aravindanv said:


> Hi all,
> 
> My update is coming very late, however, here goes.. My application was reconsidered and eventually I got my grant by July..
> 
> ...


wow man, its indeed an interesting story all the way.
congratulation.


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## dhijaj (Jun 27, 2013)

What is "jurisdictional error"?

This error would have costed you a lot of stress and time. 

Neverthless, Happy to know you got the visa


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## TheExpatriate (Feb 7, 2014)

Congrats


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## TheExpatriate (Feb 7, 2014)

dhijaj said:


> What is "jurisdictional error"? This error would have costed you a lot of stress and time. Neverthless, Happy to know you got the visa


It's a legal term where an executive has acted beyond their jurisdiction 

It could mean: not looking at all evidence, considering factors that should not be considered.. Among many other meanings


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## vkv (Jun 6, 2016)

aravindanv said:


> Hi all,
> 
> My update is coming very late, however, here goes.. My application was reconsidered and eventually I got my grant by July..
> 
> ...


Congrats. Good to hear that u got and u save ur money and time. 
Also can you please share the DIBP contact details here (email id/phone no u have contatced) in case any one stuck in same situation


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## razjoee (Jun 6, 2016)

Make sure all docs are submitted upfront. Don't take no chances for the consequences are quite dire


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## razjoee (Jun 6, 2016)

razjoee said:


> Make sure all docs are submitted upfront. Don't take no chances for the consequences are quite dire


The costs are just too much


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## jshuks (Jun 14, 2017)

Hello Everyone

I have lodged my visa application in May 2017 with 65 points (out of which 5 points are for my work experience). I have some confusions after reading this thread, and would requests experts to help me out.

Here's a brief history of my work ex case:

I got my skills assessed from EA (qualification only) as a telecommunications network engineer (263312). My bachelors degree is in electronics and telecom. However, all of my career episodes in the CDR were based on my work experience. 

Talking of my work ex, I have experience working with renowned corporates from Jun 2012 to Feb 2015. After this, I started my own business and have been working on that ever since. All my career episodes were based on my employments and business experience and EA positively assessed my skills under 263312.

When i lodged my EOI and input my work ex, it asked me whether it was relevant and I pressed yes, leading me to get 5 extra points. 

I believe I havent made wrong claims on my work ex coz it is relevant to my occupation code. However, I am skeptical that my CO may not consider my business experience and that ay spoil my case. 

Please help me out on what all documents I should upload to ensure that my case is strong. There are no false claims in there.

I have already uploaded all my offer letters, payslips and experience letters from the companies i worked for and my business incorporation letter and tax slips to prove my business experience.

Kindly advice. Thanks in anticipation.


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## NB (Mar 29, 2017)

jshuks said:


> Hello Everyone
> 
> I have lodged my visa application in May 2017 with 65 points (out of which 5 points are for my work experience). I have some confusions after reading this thread, and would requests experts to help me out.
> 
> ...


Going by your version of events, you provided basically the same services to your clients directly, instead of going through an employer

If this correct, then you can include some certificate from your client confirming that you provided these services to them

As advised earlier, you can also include P&L statements and balance sheets to prove your bonafides, if you are comfortable parting with the same

Cheers


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## jshuks (Jun 14, 2017)

newbienz said:


> Going by your version of events, you provided basically the same services to your clients directly, instead of going through an employer
> 
> If this correct, then you can include some certificate from your client confirming that you provided these services to them
> 
> ...


Thank you for your advice again. Yes you are correct, my business has been more or less related to the jobs I had been in. I have my credit score statement and my bank account statements handy. However, its going to be difficult to ask my clients to send me certificates coz most of them are SMBs from the USA, Canada and China. I do have have positive customer review videos that I used for awards I got. Its weird to even ask but will those work, and will my international award credentials help?

One part of me says I am overthinking this and have nothing to be afraid of since nothing has been forged or lied about. The other part of me is still skeptical coz we don't know what the case officer is thinking while analysing our case. 

Thanks again..your advice is highly appreciated.


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## jshuks (Jun 14, 2017)

jshuks said:


> Thank you for your advice again. Yes you are correct, my business has been more or less related to the jobs I had been in. I have my credit score statement and my bank account statements handy. However, its going to be difficult to ask my clients to send me certificates coz most of them are SMBs from the USA, Canada and China. I do have have positive customer review videos that I used for awards I got. Its weird to even ask but will those work, and will my international award credentials help?
> 
> One part of me says I am overthinking this and have nothing to be afraid of since nothing has been forged or lied about. The other part of me is still skeptical coz we don't know what the case officer is thinking while analysing our case.
> 
> Thanks again..your advice is highly appreciated.


Do you think they would consider my career episode writing? I have uploaded them if the case officer would like to refer to them to get an idea of what I had been doing.


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## NB (Mar 29, 2017)

jshuks said:


> Thank you for your advice again. Yes you are correct, my business has been more or less related to the jobs I had been in. I have my credit score statement and my bank account statements handy. However, its going to be difficult to ask my clients to send me certificates coz most of them are SMBs from the USA, Canada and China. I do have have positive customer review videos that I used for awards I got. Its weird to even ask but will those work, and will my international award credentials help?
> 
> One part of me says I am overthinking this and have nothing to be afraid of since nothing has been forged or lied about. The other part of me is still skeptical coz we don't know what the case officer is thinking while analysing our case.
> 
> Thanks again..your advice is highly appreciated.


I have a better understanding of ACS procedure and rules , and has been this case with ACS, I could have told you straight away that you are in serious trouble

But as you have been assessed by EA, I would not like to comment 

I am sure another member who understands EA rules and their interpretation, would advise you 

Cheers


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## Adams0902 (Aug 9, 2021)

I am New Zealand Citizen and I applied for the 189 skilled migration visa I also, included my wife and my daughter only as my son was born here and he is been living here for the past 8 years and I was told that he is entitled for Australian passport. Our application was rejected because I did not meet the income threshold of $53900 in one of the past 5 years (tax year 2015). So, I contacted the administration tribunal and they affirm the decision. Even I did explain to the member in the hearing that the reason for my tax income in that year 2015 was lower than 53900 because I am a contractor and I worked overseas that year and I did not get paid until the following tax year and that’s why my company income was showing twice as much as the recommended income threshold. But unfortunately, the Administration Appeal Member said by Law the income from my own ABN company does not count which it does not make sense as our combined income tax is almost $150k every year in the past 12 years in Australia. So, now can I reapply again as in the past 5 years now my individual income is higher than 53900. Also, my wife was on visa 461 can she reapply for that visa again or should we all apply for the 189 skilled New Zealand visa?
your help and recommendation are greatly appreciated


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