# visa 190 refused due point conflict



## gmshah_pk (Nov 2, 2014)

Dear Experts,
I got a visa refusal on 30th Oct, 2014 stating that CO reduced my claimed point to 55. I got the visa application submission on 4th Sep and CO assessed my application on 30th Oct. My total experience was more than 5 Years when I submitted my EOI, but CO considered only 4 Years and 9 months and 3 days and reason of this deduction is that CO mentioned one clause that my experience will be counted after completion of my graduation degree. I made a minor mistake in calculating my graduation completion date, I filled as 2 Dec 2009 but now after this conflict I realized from my documents that my degree was completed on 20 Oct 2009. For this I have proof of provisional transcript which is clearing stating that student has qualified for the degree on 20 Oct 2009. If CO consider this date then I am fulfilling his requirement. Because he assessed my application on 30 Oct and till that day I have enough experience of 5 years and 10 days.
When I submitted my EOI, I was never aware of this that my experience will be calculated from the completion date of my degree. Secondly EOI system also calculated my experience of 5 years and allotted me 10 point and approved my EOI for visa application with 60 point.
Now, CO straight away rejected my visa application, and worse on that he also not provided me right of tribunal review. There is no mistake on my end, as EOI system verified my experience from my provided certificates and I did not hide any fact. The only mistake I realized that I should mentioned completion date of my degree on the provisional transcript because usually the final transcript and degree are issued later on in convocation ceremony.

Based on these fact and figures, what should I do and what are my chances of fee refund in case if there is no further proceedings from CO.


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## swatsandy (Oct 24, 2013)

gmshah_pk said:


> Dear Experts,
> I got a visa refusal on 30th Oct, 2014 stating that CO reduced my claimed point to 55. I got the visa application submission on 4th Sep and CO assessed my application on 30th Oct. My total experience was more than 5 Years when I submitted my EOI, but CO considered only 4 Years and 9 months and 3 days and reason of this deduction is that CO mentioned one clause that my experience will be counted after completion of my graduation degree. I made a minor mistake in calculating my graduation completion date, I filled as 2 Dec 2009 but now after this conflict I realized from my documents that my degree was completed on 20 Oct 2009. For this I have proof of provisional transcript which is clearing stating that student has qualified for the degree on 20 Oct 2009. If CO consider this date then I am fulfilling his requirement. Because he assessed my application on 30 Oct and till that day I have enough experience of 5 years and 10 days.
> When I submitted my EOI, I was never aware of this that my experience will be calculated from the completion date of my degree. Secondly EOI system also calculated my experience of 5 years and allotted me 10 point and approved my EOI for visa application with 60 point.
> Now, CO straight away rejected my visa application, and worse on that he also not provided me right of tribunal review. There is no mistake on my end, as EOI system verified my experience from my provided certificates and I did not hide any fact. The only mistake I realized that I should mentioned completion date of my degree on the provisional transcript because usually the final transcript and degree are issued later on in convocation ceremony.
> ...


Dates are depends on your assessment results too. Have you cross verified that?
It would be difficult to get refund on supplying incorrect information since they have already utilized resources in assessing your application.


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## espresso (Nov 2, 2012)

If you submitted your visa on the _4th of September_ with a 60 points claim, you would still be 5 points short. Your points must be correct _"at the time of invitation"_, so a 20 October 2009 qualifying date for the degree would still be too late. Personally, I don't believe you'll be able to get a correct result or refund. 

You should be able to re-apply for a 190 via, if you can get your nominating state (or another state) to sponsor you again. To be on the safe side, I'd wait until the 3rd of December. You will have to pay the state nomination fee (if applicable) and visa fee again, sorry.


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## gmshah_pk (Nov 2, 2014)

But from the detail assessment result from CO, to assess the points, dates will be considered from the time when CO make visa application assess. And he assess on 30 Oct. I have sent a detail email to gsm.brisbane if they can up date my degree completion date with reference to provisional transcript. If they will accept new date, this will overcome the 5 year experience gap. Is there any hope that they can accept my request.


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## gmshah_pk (Nov 2, 2014)

And for the refund, I filled the EOI with degree completion date from my degree which is correct in term of document attached. But my concern is that why EOI system calculated my 5 years experience irrespective of my graduation completion date. Can you use this stance to claim refund????


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## _shel (Mar 2, 2014)

I'll keep my fingers crossed for you but it is migration law that states you must meet the requirements including the points claimed at the time of invitation. The date when the CO assesses it is not relevant. 

Refunds are not given bar when applications are made in error ie you should have applied for visa A and applied for visa B by mistake and requested your money back immediately. 

Their is no right of appeal for skilled visas but I have seen CO exercise discretion occasionally.


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## gmshah_pk (Nov 2, 2014)

Thanks bro,, But frankly speaking I have no idea that this minor conflict can affect my visa approval. I have provided all the information correct, it is the EOI system which calculated points 60. I will be thankful if someone can help me to deal with situation, and very last option to get the money back to apply again.


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## _shel (Mar 2, 2014)

You submitted the EOI and you must have noticed you put the wrong date down? 

There isnt much help we can give you. We could have helped had you come before you applied but now the rejection is made. 

Overclaiming is a rejection. Not meeting all requirements at the time of invitation is rejection and there is no appeal or refunds. There is nothing we can do.


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## gerardOZ (Jul 13, 2014)

im sorry for you bro... It is clearly stated points must be claimed upon Invitation.
I've even read a case that somebody scored high in IELTS. But since that person took the exam after invitation, it resulted to automatic rejection


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## swatsandy (Oct 24, 2013)

gmshah_pk said:


> Thanks bro,, But frankly speaking I have no idea that this minor conflict can affect my visa approval. I have provided all the information correct, it is the EOI system which calculated points 60. I will be thankful if someone can help me to deal with situation, and very last option to get the money back to apply again.


Rules are standard for all. I am sure system should not behave abruptly.
Can you please let us know what dates have you put on EOI for your education? 
how many years deducted on your skill assessment outcome?
EOI Submission date?
Invitation date?
lodging date?


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## gmshah_pk (Nov 2, 2014)

swatsandy said:


> Rules are standard for all. I am sure system should not behave abruptly.
> Can you please let us know what dates have you put on EOI for your education?
> how many years deducted on your skill assessment outcome?
> EOI Submission date?
> ...


EOI Submission date? 9 July 2014
Invitation date? 4 Sep 2014
lodging date? 5 Sep 2014 (Date of submitting visa application)


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## gmshah_pk (Nov 2, 2014)

EOI Submission date? 9 July 2014
Invitation date? 4 Sep 2014
lodging date? 5 Sep 2014 (Date of submitting visa application)


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## _shel (Mar 2, 2014)

What date did you put down on the EOI that you graduated your degree?


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## gmshah_pk (Nov 2, 2014)

_shel said:


> What date did you put down on the EOI that you graduated your degree?


2 Dec 2009, but my skill related experience was started on July 2009 and based on that EOI system rewarded me 10 points of experience.


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## GinjaNINJA (Apr 29, 2014)

Really unfortunate what happened but EOI system aint to be blamed here.
EOI is simple. points calculations are Age + IELTS + Degree + Work = Total
EOI doesn't care if IELTS or skill assessment is predated to EOI submission date or work and degree is overlapping.
What was your assessing authority ?


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## gmshah_pk (Nov 2, 2014)

GinjaNINJA said:


> Really unfortunate what happened but EOI system aint to be blamed here.
> EOI is simple. points calculations are Age + IELTS + Degree + Work = Total
> EOI doesn't care if IELTS or skill assessment is predated to EOI submission date or work and degree is overlapping.
> What was your assessing authority ?


My degree was assessed by Engineering Australia and Visa application is assessed by GSM Brisbane team 32. I sent them a detail email on 30 Oct about my concern but till now no reply from their side. I also called on there global help line but useless. Is there any way out. thanks!


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## elamaran (Apr 10, 2014)

gmshah_pk said:


> 2 Dec 2009, but my skill related experience was started on July 2009 and based on that EOI system rewarded me 10 points of experience.


Sorry for your rejection.

I hope you are claiming points for your "Graduation".

And as per DIBP rules you shall claim points for the experience only after graduation.

In EOI if you mention Yes for "Is this experience related to nominated occupation", it will provide points for it.

In this case you should have mention "No".

This may mislead some, but before applying EOI you should have taken advice from some experts.


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## GinjaNINJA (Apr 29, 2014)

gmshah_pk said:


> My degree was assessed by Engineering Australia and Visa application is assessed by GSM Brisbane team 32. I sent them a detail email on 30 Oct about my concern but till now no reply from their side. I also called on there global help line but useless. Is there any way out. thanks!


I dont know how EA assessment are interpreted by DIBP but I've seen applicants with ACS assessment having overlapping work and degree claim work points successfully because ACS doesn't care if its postqualification work exp or prequalification work. They just give a skilled date post which points are claimed. Seems slack thou. 

Brighter side buddy reapply visa and claim work exp from dec 2009 to dec 2014 and I bet you ll get a grant. Its happened before wherein aspirants have been given grants when reapplied.

Hopefully you get a reply from your team and the decision is reverted.:fingerscrossed:


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## _shel (Mar 2, 2014)

Exactly as Elamaran says above. You have marked work experience as relevant when it obviously was not and should have been checked 'not relevant'.

This is seen as your error and an overclaim of points hence rejection and no refund.


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## gmshah_pk (Nov 2, 2014)

_shel said:


> Exactly as Elamaran says above. You have marked work experience as relevant when it obviously was not and should have been checked 'not relevant'.
> 
> This is seen as your error and an overclaim of points hence rejection and no refund.


But according to my experience certificate, which started on July 2009 to May 2010, my job responsibilities are closely related to the profession for which I am applying. Now your point made me confuse, how should I include this experience in my new EOI. As my degree is completed on 2 Dec 2009, but I was on job from July 2009. 
Below is the detail from EOI help tab, for, Is this employment related to the nominated occupation?*

For Points Tested visas:
By selecting ‘yes’ to this question the client will be awarded points as the client is claiming this skilled employment is related to their nominated occupation, or is closely related.

Skilled employment can also be in a closely related occupation. Any periods of employment in a closely related occupation must be undertaken at the relevant skill level of the nominated occupation. This means employment that the client claims to be ‘closely related’ to the nominated occupation must be:

in the same Australian and New Zealand Standard Classification of Occupations (ANZSCO) Unit Group, or
consistent with a plausible career advancement pathway.

Generally, all unit groups are at one skill level. For example, if an applicant’s nominated occupation is Analyst Programmer (261311) the applicant can include skilled employment in occupations within the same unit group even if the occupation is not on the same skilled occupation list, for the purpose of points.

Skilled employment may also include career advancement and would usually take the form of promotion to a senior role or higher level that relates to their field of expertise and incorporates greater responsibility. For example - Over a 10 year period an accountant or engineer may advance in their career to a chief accountant or chief engineer or a chief executive officer. This type of career advancement may occur outside of the 4 digit ANZSCO unit group but can be considered to be closely related where it follows a well-established path for career advancement.


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## _shel (Mar 2, 2014)

Only periods of relevant experience that are skilled ie after you qualified, count for points. 

You need to break the experience up into different periods, relevant and not relevant when inputting it.


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## Matt.88 (Dec 1, 2014)

I know there hasn't been a post in awhile but just thought I'd leaveny experience I very nearly fell into this trap but luckily I had an agent. I was going to claim the 5 points for post qualification work experience calculated from days of mine final transcript showing I had graduated. This is incorrect. Post qualification is assessed and counted from the date that is on your formal qualification or parchment and as I didn't get this till 5 months after finishing I had 5 months deducted from said work experience.


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## asim79 (Apr 8, 2015)

Dear Experts,

I want to know I submitted my EOI with 55 points already but on 1st Sep my experience will be 8 years and my points will be increased to 60, But the completion date on my degree is 15th Sep. There is 15 days conflict but I have proof of all my employment. For sure the invitation will come in October or some where is November after automatically changing the points/date of effect of EOI.

My question is, this 15 days conflict could be a reason of rejection of visa later or can't. Also while proving the experience it should be 8 years at the time of invitation or at the time of effect of EOI.

We should prove all points we claim at the time of invitation or at the time of EOI submission. 

Seeking your support.


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## Maggie-May24 (May 19, 2015)

Your skills assessment will tell you what date you are considered to be skilled as of, so you should use that to make sure you are safely claiming the correct experience. You must have the correct points at the time of *invitation*.


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## asim79 (Apr 8, 2015)

Maggie-May24 said:


> Your skills assessment will tell you what date you are considered to be skilled as of, so you should use that to make sure you are safely claiming the correct experience. You must have the correct points at the time of *invitation*.


Thanks Maggie,

Actually from EA I took assessment of my Education only not for my experience as it is not mandatory. What I did now, I updated my EOI and started my experience from 16th day of Sep and exclude these 15 days from the claim to be on the safe side, What do you think about it.


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## ausguy11 (Dec 1, 2015)

1. I had my ACS done with relevant 2.4 years (After deduction of 2 years) till December 2015.
2. From December 2015, I am working in the same company.
3. I submitted my NSW application on 15 oct 2016 after paying 300AUD
4. On 15 Oct, my experience is 2.4 + 10 months = 3.2 years (So i got 5 points)

Now my question is , Was it mandatory to provide payslips and experience letter along with NSW application ?

Because I heard if you are working with same company as your last accessed company as per ACS, your experience will added automatically

Can it cause rejection?

Please clarify,


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## gaddam1 (Jan 26, 2017)

Hi folks,
Could you please someone suggest me here on my South Australia 190 VISA refusal.
I have submitted my EOI on March 9th 2017 for job code 263111 and applied to SA 190 VISA.
My application is refused with reason, “Assessor called my employer for verification more than one occasion and he had not received any response from employer”.
Trust me, my employer is huge IT service provider and my experience in genuine.
FYI, SA considered me for special conditions category, "Currently working in SA" and done verification part of that which was not answered by my employer as per assessor.
As my case is genuine and I am working in SA for more than a year, planning to launch new Lodge for SA by providing justification for refusal.
Could someone suggest me how do I defend on my case and how kindly I can address the refusal.
Great thanks in advance!


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## mekabubu (Mar 26, 2016)

gaddam1 said:


> Hi folks,
> Could you please someone suggest me here on my South Australia 190 VISA refusal.
> I have submitted my EOI on March 9th 2017 for job code 263111 and applied to SA 190 VISA.
> My application is refused with reason, “Assessor called my employer for verification more than one occasion and he had not received any response from employer”.
> ...


they must have asked you for a response in the form of a natural justice letter, i dont think they can reject outright.


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## mekabubu (Mar 26, 2016)

mekabubu said:


> they must have asked you for a response in the form of a natural justice letter, i dont think they can reject outright.



MAybe a senior of the forum can answer better.


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## gaddam1 (Jan 26, 2017)

Hi Mekababu,

No, I have not asked for any.

One time, Assessor sent me an email stating my employer did not answer his phone call and he left voice message to them. I replied to Assesore, i spoke to my HR team and they have not received any phone calls or voice messages for my employement verification. 

After 2 days, I have got a notification from SA immigration stating, 190 is refused due to not answering phone calls.

I am surprised, atleast they should have contacted my employer by mail also instead of direct refusal.


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## Nish_29 (Mar 9, 2018)

*Wish*

Hi,
my 190 visa got rejected reason stating that "Additional employment documents not provided" which they asked after scrutinising my employment where they need more information. I have provided all the required details to my consultant which he had uploaded on immi site. Please advise me what to do now.....


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## ausguy11 (Dec 1, 2015)

You got refusal or NJ for now. If it is refused then there are very very very slim chances that anything can happen npw.



Nish_29 said:


> Hi,
> my 190 visa got rejected reason stating that "Additional employment documents not provided" which they asked after scrutinising my employment where they need more information. I have provided all the required details to my consultant which he had uploaded on immi site. Please advise me what to do now.....


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