# 189 visa - re apply



## expat_aus (Sep 15, 2014)

My 189 visa application got rejected, as not meet the claimed points. After this do I have any limitations to apply visa again? 

Thanks in advance


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## GinjaNINJA (Apr 29, 2014)

Sorry to here that mate.
Well if you think that you can meet the claimed points 2nd time around you can always reapply.
Be it 189 190 or 489 doesn't matter.
Also if you can explain what exactly happened seniors here will jump in and help you figure out how many points exactly you have and if you can proceed further .


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## TheExpatriate (Feb 7, 2014)

if you over-claimed by mistake on the EOI and accordingly got rejected, and now you can get the points legitimately, you can re-apply, and on Form 80 you will have to state why previous application was rejected. Explain it was due to human error in EOI or ignorance about rules (be truthful, it will help)

Several people on the forum here went through it and got it on 2nd time. UNLESS you were rejected for lying/immigration fraud, or presented explicitly in the rejection letter with a ban, you can apply

You can also call DIBP and ask if you wanna make sure before making the payment again


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## deloholicw (Aug 1, 2014)

Hello there, I'm really sorry to hear this news!! but could I ask you a question, did the CO assigned to you just send you a direct rejection or did they communicate and ask for relevant documents etc?


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## TheExpatriate (Feb 7, 2014)

deloholicw said:


> Hello there, I'm really sorry to hear this news!! but could I ask you a question, did the CO assigned to you just send you a direct rejection or did they communicate and ask for relevant documents etc?


my agent has an interesting story (and a member here confirmed it).

Frontloading SOMETIMES leads to direct rejection if you have a major issue.

This is why my agent did not upload a single document until the CO was assigned, to open a communication channel and then have a chance to explain if something is wrong/missing ....


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## chennaiite (Feb 17, 2014)

TheExpatriate said:


> my agent has an interesting story (and a member here confirmed it).
> 
> Frontloading SOMETIMES leads to direct rejection if you have a major issue.
> 
> This is why my agent did not upload a single document until the CO was assigned, to open a communication channel and then have a chance to explain if something is wrong/missing ....


Thanks. I guess we finally have a logical answer why agents don't prefer front loading.


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## bigdaddy (Jul 4, 2014)

TheExpatriate said:


> my agent has an interesting story (and a member here confirmed it).
> 
> Frontloading SOMETIMES leads to direct rejection if you have a major issue.
> 
> This is why my agent did not upload a single document until the CO was assigned, to open a communication channel and then have a chance to explain if something is wrong/missing ....


Thats scary enough to induce fear for applicants pending their grant..... 

But if its a rejection due to over claim of points then CO has a reason for direct rejection.. may be a experienced CO who is so confident of his work...


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## TheExpatriate (Feb 7, 2014)

bigdaddy said:


> Thats scary enough to induce fear for applicants pending their grant.....
> 
> But if its a rejection due to over claim of points then CO has a reason for direct rejection.. may be a experienced CO who is so confident of his work...


Overclaim cannot be remedied, I agree

one member here had an interesting situation

Applied for ACS --> received ACS letter --> Applied EOI --> Realised ACS letter had a spelling/minor mistake --> contacted ACS --> Received corrected letter --> Applied visa with *new* ACS letter front-loaded --> received direct rejection because the EOI predated the assessment letter (he was supposed to include both letters + explanation) ..... 

He re-applied and got his visa


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## chennaiite (Feb 17, 2014)

TheExpatriate said:


> Overclaim cannot be remedied, I agree
> 
> one member here had an interesting situation
> 
> ...


Holy **!! That's crazy!


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## expat_aus (Sep 15, 2014)

deloholicw said:


> Hello there, I'm really sorry to hear this news!! but could I ask you a question, did the CO assigned to you just send you a direct rejection or did they communicate and ask for relevant documents etc?


No dude, I did not get any notification regarding CO assigned to me. But I got direct rejection mail :Cry:


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## chennaiite (Feb 17, 2014)

expat_aus said:


> No dude, I did not get any notification regarding CO assigned to me. But I got direct rejection mail :Cry:


What was the reason mentioned for refusal, if you don't mind me asking?


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## expat_aus (Sep 15, 2014)

chennaiite said:


> What was the reason mentioned for refusal, if you don't mind me asking?


ACS New rule, deduct 2 years from my total experience(I missed that quote in ACS report, my mistake) and not eligible for claimed 10 points for 5 years of experience.


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## Future_ozzy (Feb 26, 2014)

expat_aus said:


> ACS New rule, deduct 2 years from my total experience(I missed that quote in ACS report, my mistake) and not eligible for claimed 10 points for 5 years of experience.


This should end the speculation of reason for rejection,even though we go through an agent we should be proactive to read new changes/updates of assessment and rules and regulations of DIBP.


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## expat_aus (Sep 15, 2014)

GinjaNINJA said:


> Sorry to here that mate.
> Well if you think that you can meet the claimed points 2nd time around you can always reapply.
> Be it 189 190 or 489 doesn't matter.
> Also if you can explain what exactly happened seniors here will jump in and help you figure out how many points exactly you have and if you can proceed further .


As you mentioned I have created new thread Click here : 189 Visa Point assessement in which I described my points.

Friends please check it and advise


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## deloholicw (Aug 1, 2014)

TheExpatriate said:


> my agent has an interesting story (and a member here confirmed it).
> 
> Frontloading SOMETIMES leads to direct rejection if you have a major issue.
> 
> This is why my agent did not upload a single document until the CO was assigned, to open a communication channel and then have a chance to explain if something is wrong/missing ....



Thank you! I always wondered why! that seems logical i suppose!!! 

expat_aus - Did you upload all documents including form 80?


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## tarund81 (Aug 11, 2014)

Dear Seniors

Just wanted to discuss with you,,, I am applying for 489 ss VISA to NT. I got my invitation letter from NT o 19th Sept, applied for VISA on 25th Sept and uploaded all my documents including, Form 80 and Form 1221 for both (myself & my spouse). Also uploaded PCC and got my medicals done. CO is not yet assigned. Is there any issue/error in this??? Hoping the VISA will not be denied...
Kindly reply...


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## TheExpatriate (Feb 7, 2014)

tarund81 said:


> Dear Seniors
> 
> Just wanted to discuss with you,,, I am applying for 489 ss VISA to NT. I got my invitation letter from NT o 19th Sept, applied for VISA on 25th Sept and uploaded all my documents including, Form 80 and Form 1221 for both (myself & my spouse). Also uploaded PCC and got my medicals done. CO is not yet assigned. Is there any issue/error in this??? Hoping the VISA will not be denied...
> Kindly reply...


Dude ..... you applied four days ago and you expect a CO? 

1- Processing time frame for 489 is 3 months 

https://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm

2- Read the forum first, most people do not get a CO or a direct grant before 8 weeks

3- Do not crash other people's thread, post in the relevant thread and/or start a new thread


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## AMBMWO (Nov 25, 2014)

Hi Guys, 

Unfortunately I got my visa refused today.

The following is the reason:

1) I had applied for a membership with Engineer's Australia and got approved as a professional Engineer on August 5

2) September 22, I lodged the visa

3)I realized the MSA is a different letter and received it on October 9

DIBP refused my visa because I received MSA letter after I lodged my visa.

My questions are:

1) Should I try and talk to them or that is usually of no point?

2) Will this affect my chances of reapplying again?

3) Can I refund any of the visa costs

4) will I have to redo my medicals and will the processing time still be the same?

Thanks and regards


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## TheExpatriate (Feb 7, 2014)

AMBMWO said:


> Hi Guys,
> 
> Unfortunately I got my visa refused today.
> 
> ...



1- No point

2- You can re-apply unless you were slapped with a ban (highly unlikely, but check your rejection letter).

You will have to lodge a NEW EOI, wait for a new invitation, then re-apply 

3- No

4- Meds are valid for 12 months from the date you underwent them. you can reuse them by entering the HAP ID in the new visa application.


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## AMBMWO (Nov 25, 2014)

TheExpatriate said:


> 1- No point
> 
> 2- You can re-apply unless you were slapped with a ban (highly unlikely, but check your rejection letter).
> 
> ...


Thanks TheExpatriate, a little depressing but thanks.

Where can I find my HAP ID? (I'm assuming I need the one I used when I did my medicals but its not there anymore on the portal)


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## TheExpatriate (Feb 7, 2014)

AMBMWO said:


> Thanks TheExpatriate, a little depressing but thanks.
> 
> Where can I find my HAP ID? (I'm assuming I need the one I used when I did my medicals but its not there anymore on the portal)


Don't get depressed, this has happened to many people ..... 

just get up and resume it.

HAP ID is in the form you used to do your medicals the first time.


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## AMBMWO (Nov 25, 2014)

TheExpatriate said:


> Don't get depressed, this has happened to many people .....
> 
> just get up and resume it.
> 
> HAP ID is in the form you used to do your medicals the first time.


Thanks and my apologies for reposting my questions in different threads.

Thanks again


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## AMBMWO (Nov 25, 2014)

TheExpatriate said:


> Don't get depressed, this has happened to many people .....
> 
> just get up and resume it.
> 
> HAP ID is in the form you used to do your medicals the first time.


I have noticed that you did not front load all your documents, is there a reason for that? I noticed that many others recommended we do so (and that's what I did earlier).


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## mandy2137 (Mar 5, 2014)

The Expatriate, 

If person doesn't claim any points of work experience, can visa be granted successfully? Apologies, if I am posting unrelated queries here.

Thanks


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## TheExpatriate (Feb 7, 2014)

AMBMWO said:


> I have noticed that you did not front load all your documents, is there a reason for that? I noticed that many others recommended we do so (and that's what I did earlier).


I did not, some people do .... depends on whether you want fast processing or safe processing. 

In your case any loading front or rear would've ended up with rejection because you applied before getting an MSA from EA 



mandy2137 said:


> The Expatriate,
> 
> If person doesn't claim any points of work experience, can visa be granted successfully? Apologies, if I am posting unrelated queries here.
> 
> Thanks



If your skills assessment authority grants you an assessment stating you are skilled as that job code, yes


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## GinjaNINJA (Apr 29, 2014)

mandy2137 said:


> The Expatriate,
> 
> If person doesn't claim any points of work experience, can visa be granted successfully? Apologies, if I am posting unrelated queries here.
> 
> Thanks


General Skilled Migartion is a points based migration system. You gotto have min 60 points for 189, 190 or 489. How you have these 60 points DIBP doesnt care ?
I couldn't claim any points for work experience(due to 4 yrs deduction by ACS) I got the visa. 
You ll find so many people with no work points claimed (either they couldn't claim due to deduction or did not claim on purpose due to lack of docs) but still managed 60 points.

What exactly are you worried about ?


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## mandy2137 (Mar 5, 2014)

TheExpatriate said:


> I did not, some people do .... depends on whether you want fast processing or safe processing.
> 
> In your case any loading front or rear would've ended up with rejection because you applied before getting an MSA from EA
> 
> ...


YES!! ACS has been approved with suitable job code. ....One more query, as I don't have form 16 and other like ITR, will bank statement and payslips would be suffice?

Best


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## TheExpatriate (Feb 7, 2014)

mandy2137 said:


> YES!! ACS has been approved with suitable job code. ....One more query, as I don't have form 16 and other like ITR, will bank statement and payslips would be suffice?
> 
> Best


Approved for FULL Migration Skills Assessment, not Graduate Skills Assessment?


Bank statements and payslips are fine


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## GinjaNINJA (Apr 29, 2014)

mandy2137 said:


> YES!! ACS has been approved with suitable job code. ....One more query, as I don't have form 16 and other like ITR, will bank statement and payslips would be suffice?
> 
> Best


Payslips or Bankstatement are relatively same documents showing your salary. you can upload one of them.
form 16 & ITR are tax related docs.
Combination of both(salary & tax)have to be submitted.
Usually Indians upload form 16 with payslips or bankstatement.
Even if someone is below the tax bracket form 16 is issued by the company wherein all tax figures are 0.
What will ya do if CO asks for form 16 or ITR ?


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## mandy2137 (Mar 5, 2014)

GinjaNINJA said:


> General Skilled Migartion is a points based migration system. You gotto have min 60 points for 189, 190 or 489. How you have these 60 points DIBP doesnt care ?
> I couldn't claim any points for work experience(due to 4 yrs deduction by ACS) I got the visa.
> You ll find so many people with no work points claimed (either they couldn't claim due to deduction or did not claim on purpose due to lack of docs) but still managed 60 points.
> 
> What exactly are you worried about ?


As I failed to get desired score 8 in each IELTS, I have 45 points in the basket right now...so If I get targeted score in PTE for example 65 in each for 190 or 79 in each module for 189 then I will have 55 or 65 points. 

So my worries were that if dont claim any points for work then would I be eligible for visa...you cleared me now thanks. 

BEST


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## TheExpatriate (Feb 7, 2014)

winXPHE said:


> whats the difference between the two?
> i didnt even know there were two


there is an ACS Assessment for Visa 485 which cannot be used for 189/489/190


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## GinjaNINJA (Apr 29, 2014)

winXPHE said:


> dude if you are not claiming points for Employment, what all employment related documents do you have to submit?
> payslips for the assessment period, bank statements, form16, ITR will suffice right?


None is required since you are not claiming work points.
Skill_assessment.pdf is more than enough(related to work).


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## mandy2137 (Mar 5, 2014)

My friends company name changed and when he joined the company it was something else and now before 1.5 years he joined it was changed.

So he will have to prepare 2 reference letters. So my query is this would he need to mention in new reference letter that his company name changed?

Regards


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## SamSyd (Mar 19, 2014)

expat_aus said:


> ACS New rule, deduct 2 years from my total experience(I missed that quote in ACS report, my mistake) and not eligible for claimed 10 points for 5 years of experience.


May I please ask how many points did you claim in EOI and how many were you actually eligible for keeping in view ACS two year deduction?


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## Teddy110 (Feb 2, 2015)

*189 refusal*

I just got refusal letter today because I got my skill assessment after my invitation. Can I re-apply for 189?


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## Teddy110 (Feb 2, 2015)

*189 refusal*



TheExpatriate said:


> there is an ACS Assessment for Visa 485 which cannot be used for 189/489/190


I just got refusal letter today because I got my skill assessment after my invitation. Can I re-apply for 189?


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## TheExpatriate (Feb 7, 2014)

Teddy110 said:


> I just got refusal letter today because I got my skill assessment after my invitation. Can I re-apply for 189?


yes, unless your refusal mentions explicitly a ban


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## Teddy110 (Feb 2, 2015)

*189 refusal*



TheExpatriate said:


> yes, unless your refusal mentions explicitly a ban


Will they use the last refusal as reference for the next application?


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## TheExpatriate (Feb 7, 2014)

Teddy110 said:


> Will they use the last refusal as reference for the next application?


you have to declare it


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## Teddy110 (Feb 2, 2015)

TheExpatriate said:


> you have to declare it


Thank you for your information. It helps me a lot. One last thing though, I completed my bachelor degree in Aus but not related to my skill assessment. Can I claim for points of australian study requirement? And should I apply the 2nd time through an agent or not?


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## TheExpatriate (Feb 7, 2014)

Teddy110 said:


> Thank you for your information. It helps me a lot. One last thing though, I completed my bachelor degree in Aus but not related to my skill assessment. Can I claim for points of australian study requirement? And should I apply the 2nd time through an agent or not?


this is the requirements for Australian Study points 

"You can receive five points if you have completed one or more degrees, diplomas or trade qualifications for award through a course or courses taken at an Australian educational institution.

Your course or courses must:

be registered through the Commonwealth Register of Institutions and Course for Overseas Students (CRICOS)
have been completed in a total of at least 16 calendar months
have been completed as a result of at least two academic years of study
have given all instruction in English
have been completed while you were physically in Australia
have been completed while you held a visa authorising you to study in Australia.
A course can be counted only once towards the Australian study requirement. Any failed course subject cannot be counted.

As evidence that you completed the course or courses, you need to provide:

a certified copy of a completion letter from your educational institution, including
the dates the course began and ended
the date the course requirements were met
the location of the campus where you studied
certified copies of course transcripts.
Two academic years of study is defined as 92 weeks of study in a course or courses registered by CRICOS. CRICOS determines a standard duration (number of weeks) for each course.

This is a measure of the amount of study you have completed, rather than of how long it took you to do it. The study does not have to be full time.

You can take longer to complete course work, but you will be credited with the number of weeks that CRICOS determines as a standard duration. For example, if it takes you 92 weeks to complete a course that CRICOS says should take 78 weeks, you will receive credit for 78 weeks only.

If you are given credit for prior learning, you could be exempt from taking a relevant course. An exempted course cannot be counted towards the Australian study requirement. Credit cannot be counted on the basis of study done either overseas or within Australia in a non-CRICOS registered course.

The 92 weeks of study could contribute towards the award of one of more acceptable qualifications. In this instance, the courses of study need not have been done within a 24-month period. It is possible to have a break between completing the first course and beginning the second."

it does not mention being related to the assessed occupation.

I do not see a need to go with an agent, but if you need to, it won't hurt


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## Teddy110 (Feb 2, 2015)

TheExpatriate said:


> this is the requirements for Australian Study points
> 
> "You can receive five points if you have completed one or more degrees, diplomas or trade qualifications for award through a course or courses taken at an Australian educational institution.
> 
> ...


Thank you very much. Cause I see this link this morning and quite confused of what is the right condition of ASR to follow: www.immi.gov.au/skilled/general-skilled-migration/2-year-study.htm#lodge.


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## TheExpatriate (Feb 7, 2014)

Teddy110 said:


> Thank you very much. Cause I see this link this morning and quite confused of what is the right condition of ASR to follow: www.immi.gov.au/skilled/general-skilled-migration/2-year-study.htm#lodge.


well, your link says "The two academic years study must contribute towards the award of an acceptable qualification that is closely related to the occupation you nominate on your General Skilled Migration application. Check the registration of your course(s) on Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) website"

If the degree is not related, then you cannot use that


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## Teddy110 (Feb 2, 2015)

TheExpatriate said:


> well, your link says "The two academic years study must contribute towards the award of an acceptable qualification that is closely related to the occupation you nominate on your General Skilled Migration application. Check the registration of your course(s) on Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) website"
> 
> If the degree is not related, then you cannot use that


Thats why Im a bit confused here. In visa 189 point test, the condition for ASR not mentioned anything related to relevant course and 6 months period but in this link there are so I dont know what to apply here


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## gurbhej.garrysran (Oct 30, 2015)

Hi,

I got my 189 visa rejected earlier this year due to over claiming of experience points. Now I have launched my new EOI once again with improved PTE scores and without claiming experience points. Could somebody please guide me if I have to follow some particular procedure being a rejected individual and if I can use the same old Immiaccount or need to create a new one? All kinds of advice is welcome.

Regards
Garry


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