# 189 Visa Refused!! Need Advise...



## ToAustralia2013 (Jun 2, 2013)

*189 Visa Refused!! Need Advise...Am I banned for 3 years?*

Hi All,


My Visa application for 189 was refused today, dues to misunderstanding from my end on the work experience points calculation.

I claimed 65 points - 10 for work experience - but the CO found that i am eligible for no points in Work Experience
Below is the ACS Assesment

The following employment after January 2011 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code.

Dates: 01/07 - 07/13 (6yrs 6mths)
Position: Lead - Software Engineering
Employer: XYZ
Country: INDIA

The following employment has been assessed as not suitable.
Dates: 07/05 - 12/06 (0yrs 0mths)
Position: Entry-Level Engineer - Not Professional ICT Level Experience
Employer: XYZ
Country: INDIA


I misunderstood the assessment as - " The initial 1.5 years of work experience is Not considered as my Degree is not closely related to Occupation,
But the remainder 01/07 - 07/13 (6yrs 6mths) IS considered skilled as I have worked for a minimum of 4 years post the initial 1.5. So at any point in time after January 2011, I can claim experience for all these years as I have completed the mandatory 4 years "

I am trying to get in touch with the CO, to explain my situation. However I get the reply he can not advise on Migration queries.
Unable to reach their number +61 131 881

My main concern is to understand if this bans me from applying for a visa again for 3 years?

Of course the fees paid refunded seems a long shot....But if any of you could offer me some advise

1. Can I apply for an EOI again...or am I barred from applyinf
2. Is there anyone you know I can get more clarity from

Any advise Will be very helpful...


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## ahmed84 (Apr 3, 2013)

This is weird. What about the 6 years and 6 months???


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## thinkpanther (Aug 27, 2013)

ToAustralia2013 said:


> Hi All,
> 
> 
> My Visa application for 189 was refused today, dues to misunderstanding from my end on the work experience points calculation.
> ...


What did your ACS assessment result state? If the assessment states that you are eligible for points only after Jan 2011, then you should have claimed 0 points.


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## solarik (Jul 11, 2013)

ahmed84 said:


> This is weird. What about the 6 years and 6 months???



The following employment *after January 2011* is considered to equate to work at an appropriately *skilled level and relevant* 
new ACS rules


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## ToAustralia2013 (Jun 2, 2013)

ahmed84 said:


> This is weird. What about the 6 years and 6 months???


This is what I tried to explain to the CO, says per the new rule the experience after 2011 only matters.

I can accept the new rule, but again it was a misundestanding..their document syas - If visa is refused because we gave false information we will be barred from applyin for 3 years

Not able to reach anyone to get a clear reply...


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## ToAustralia2013 (Jun 2, 2013)

thinkpanther said:


> What did your ACS assessment result state? If the assessment states that you are eligible for points only after Jan 2011, then you should have claimed 0 points.


I totally agree, I have no complaints on their evaluation..
But that was my misunderstanding...hence did so...else would never gamble the invite or the fees...

What I want to know is..does this ban me from applying for 3 years?


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## Guest (Nov 27, 2013)

There will be no ban. The ban doesn't apply to errors like this and only cases where you provided false documents etc.


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## ToAustralia2013 (Jun 2, 2013)

_shel said:


> There will be no ban. The ban doesn't apply to errors like this and only cases where you provided false documents etc.


Thank you soo much Shel... you just uplifted my Spirit. 
My mind has just been all over the place after this result , and your comment gives me hope.

I would try reaching out to the Immigration Office again tomorrow and hopefully if I reach an officer would confirm with them

Would you advise checking with them for a refund?
I know its a long shot and as per policy refunding is not done. However it is a huge amount for us, if in any way they would consider

Else the fact that I have no ban and I can apply again once my work experience dates are in place is in itself something to look forward to happily

Thank you for your time


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## Guest (Nov 27, 2013)

They wont change the decision. It is migration law I'm afraid and they are not allowed to  

Yes try for a refund. Explain how the confusion came about and they might send you a form to apply. Doesn't mean its guaranteed as someone else makes that decision but you can try.


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## jre05 (Feb 16, 2013)

solarik said:


> The following employment *after January 2011* is considered to equate to work at an appropriately *skilled level and relevant*
> new ACS rules


Why are you even confusing and scaring?

It is new ACS because, his ACS has new ACS format. If your's do not contain "Considered skilled after date" why do you worry? Are you not observing all successful grants recently with old ACS?

People with old ACS can claim all years mentioned in ACS while people with new format are strictly required to claim what has been considered skilled after that date.

Simple.


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## solarik (Jul 11, 2013)

jre05 said:


> Why are you even confusing and scaring?
> 
> It is new ACS because, his ACS has new ACS format. If your's do not contain "Considered skilled after date" why do you worry? Are you not observing all successful grants recently with old ACS?
> 
> ...


Sorry but I am just sad about his situation. that's all


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## masimshehzad (Oct 22, 2013)

After applying for refund, they might ask you re-apply without paying fee again.


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## kalch99 (Nov 23, 2013)

masimshehzad said:


> After applying for refund, they might ask you re-apply without paying fee again.


Guys..I joined as a Software Trainee,then got promoted to Associate Software engineer then finally to Software Engineer.But I only mentioned my highest position (i.e,Software Engineer) in my reference letter to ACS. So now,will DIAC remove any further experience from my total experience??..Please help!! 

P.S: I was assessed(+ve) by ACS and they removed 2 years from my experience(bachelor degree with major in computing).


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## ToAustralia2013 (Jun 2, 2013)

masimshehzad said:


> After applying for refund, they might ask you re-apply without paying fee again.


Than you for all your comments. But I am still unable to find how to apply for a refund. I called the immigration department.. They said I can reapply and no ban.. (Just as you said Shel) but.. Said there is no way for a refund 😒.. At least if there was some form I could request a consideration i would be more than grateful even if the decision is against.

But I see no for/ application or officer who can direct me as to how I can even request for a consideration of refund or like u said when re-applying this can be transferred. I would definitely reapply at least if they would consider that

Any advise at this point? I feel I have just lost it.


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## jayptl (Dec 13, 2012)

refund cant be made,, they grab big amount,, its mention in law..


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## praveenreddy (Mar 15, 2013)

Hi solarik you are waiting from very long can I know your co team and initials. Iam also waiting from sep with old acs format. Let us pray for quick grant. Best of luck.


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## ToAustralia2013 (Jun 2, 2013)

jayptl said:


> refund cant be made,, they grab big amount,, its mention in law..


Yes.. I kind of gathered that.. Unfortunate as it is for me, law is law. Let's see how to move forward.. Trusting God


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## ToAustralia2013 (Jun 2, 2013)

praveenreddy said:


> Hi solarik you are waiting from very long can I know your co team and initials. Iam also waiting from sep with old acs format. Let us pray for quick grant. Best of luck.


Does it really take so long for a grant even after all ur docs in place and COnis assigned? What's the average waiting time u have heard? My understanding was that once u got a CO and ur documents are good.. Grant doesn't take long


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## ann.ria.jacob (May 25, 2011)

thinkpanther said:


> What did your ACS assessment result state? If the assessment states that you are eligible for points only after Jan 2011, then you should have claimed 0 points.


Hi , we had applied for migration. Claimed points for 5 years. 
I am working in Singapore since 2008 may. And ACS got approved with a similar quote telling work exp relevant from nov 2009. Now after going through your query I wonder they will reject our visa too?


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## ShradhaAgr (Nov 24, 2013)

Hi ToAustralia2013,
Please can you share what was your education and the experience . As this would help me to know my situation better, as I am not sure how much years of exp will be deducted.
To brief my education and work ex:-
I did BCOM in the year 1998. Then went for a Certificate course in 2001-2002.It was a complete full time 6 months course which included programming and data base languages.
After that I worked in IT for around 3 years and did MCA in 2008.
Since then I am working in IT and now in one of the CMM level 5 MNC.
So my queries are :
Should I show the Bcom degree?
How many years will they deduct?
Kindly advise. Please any one in the forum please advise.

Thanks & Regards.


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## WizzyWizz (Aug 31, 2013)

ToAustralia2013 said:


> Does it really take so long for a grant even after all ur docs in place and COnis assigned? What's the average waiting time u have heard? My understanding was that once u got a CO and ur documents are good.. Grant doesn't take long


so sorry to read your situation. can i check with you, when did they inform you that there's this problem with your application? have you received an initial contact from CO asking you to explain your claims or something?


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## ToAustralia2013 (Jun 2, 2013)

ann.ria.jacob said:


> Hi , we had applied for migration. Claimed points for 5 years.
> I am working in Singapore since 2008 may. And ACS got approved with a similar quote telling work exp relevant from nov 2009. Now after going through your query I wonder they will reject our visa too?


Hi Ria,

Based on my experience, yes they would get back quoting relevant experience. But then again since ACS has given you from 2009, u do have at least 3 years and are eligible for 5 points. So 2 things can happen in ur case-

1. If after losing 5 points u still have the minimum required 60 points, depending on ur CO, they may contact u and ask for clarification or give u an option a to withdraw ur application. In this case u won't have a reject to ur application and may get a refund.

2. Or if u fall short in points it may happen like in my case- get a reject and no refund

I wouldnt want u to lose hope, but if u r sure u would fall short, better withdraw and get ur money back(i guess it's possible for a refund if application is not processed)

Else it would all depend on ur CO, on if they decide to check with u before finalising ur case.

Hope this helps.. All the best to u


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## ToAustralia2013 (Jun 2, 2013)

WizzyWizz said:


> so sorry to read your situation. can i check with you, when did they inform you that there's this problem with your application? have you received an initial contact from CO asking you to explain your claims or something?


Unfortunately for me no one contacted me for any clarification. After I uploaded the docs, one week later case was finalised with a reject. Was a very huge shock 😨

In some cases the CO I have heard would at least check with applicant and give an option to withdraw.... I just seemed to be on the wrong side here as well..


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## ToAustralia2013 (Jun 2, 2013)

ShradhaAgr said:


> Hi ToAustralia2013,
> Please can you share what was your education and the experience . As this would help me to know my situation better, as I am not sure how much years of exp will be deducted.
> To brief my education and work ex:-
> I did BCOM in the year 1998. Then went for a Certificate course in 2001-2002.It was a complete full time 6 months course which included programming and data base languages.
> ...


Hi,

Gather all ur experience and qualifications and have ACS assess it.

BUT make sure the experience points u claim in ur EOI is only after the date they say is relevant in the ACS Assessment letter. Do not get confused as I did and mentioned in detail at the start of my thread

I had to learn this the hard way😞....for a genuine misunderstanding on my part. But their evaluation is correct as per their law...make sure u don't make the same mistake


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## ann.ria.jacob (May 25, 2011)

ToAustralia2013 said:


> Hi Ria,
> 
> Based on my experience, yes they would get back quoting relevant experience. But then again since ACS has given you from 2009, u do have at least 3 years and are eligible for 5 points. So 2 things can happen in ur case-
> 
> ...


--------------

Thank you soo much for this 
i would like to know something. we paid our fees and submitted our application on nov 18. now its been 2 weeks. and the documents shows received. and status shows in progress. 

we claimed for 5 years, that is 10 points. and then our application is with 60 points. they have reduced 1 year and now we have exactly 4 years. which is still in short of 5 points. should i withdraw my application?


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## jyoti_dogra01 (Apr 21, 2013)

I am also in a similar situation..claimed 70 points for 190 ..Claimed 10 points for Work Ex ..Later realized ..As per ACS it should be 5 points..I will still get 65 points..dont have a CO as yet ..not sure what will happen..saw some cases where CO asked for permission to reduce points in EOI.. but it again depends on CO I guess..


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## ToAustralia2013 (Jun 2, 2013)

ann.ria.jacob said:


> --------------
> 
> Thank you soo much for this
> i would like to know something. we paid our fees and submitted our application on nov 18. now its been 2 weeks. and the documents shows received. and status shows in progress.
> ...


Hi Ria, 

In this case I would suggest u look to withdraw ASAP and find how u can get a refund. I wouldn't want anyone else to lose like me due to lack of proper information.

This is my opinion.. Call the Immigration office itself and state ur case and say u want to withdraw .. State ur case and ask for the refund 

I am hopeful in ur case it will be refunded.. Perhaps more senior members in this forum can advise further


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## ToAustralia2013 (Jun 2, 2013)

ToAustralia2013 said:


> Hi Ria,
> 
> In this case I would suggest u look to withdraw ASAP and find how u can get a refund. I wouldn't want anyone else to lose like me due to lack of proper information.
> 
> ...


Also in ur case as they have not finalised ur application... Best would be to call and ask them if it would be a problem as u just realised the new ACS law.. As u do not have a CO yet.. They will guide u

And if they say.. Not eligible.. Which they will.. Then proceed to ask process of withdrawal and refund.., in any case.. Do reach out to them soon..and u can take it on from there


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## amitk0703 (Oct 6, 2012)

jyoti_dogra01 said:


> I am also in a similar situation..claimed 70 points for 190 ..Claimed 10 points for Work Ex ..Later realized ..As per ACS it should be 5 points..I will still get 65 points..dont have a CO as yet ..not sure what will happen..saw some cases where CO asked for permission to reduce points in EOI.. but it again depends on CO I guess..


Any update on your application?

Regards
Amit


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## dragonfly21 (Aug 30, 2013)

harikris4u said:


> Hello,
> Could you please tell me what degree you hold. I am a software engineer and I did my bachelors in Btech ECE. Need to know if thats a ICT major or Minor...
> 
> 
> ...


The thread starter is in a difficult situation. The least you can do is open a new thread for your unrelated questions rather than barging in.


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## dragonfly21 (Aug 30, 2013)

jyoti_dogra01 said:


> I am also in a similar situation..claimed 70 points for 190 ..Claimed 10 points for Work Ex ..Later realized ..As per ACS it should be 5 points..I will still get 65 points..dont have a CO as yet ..not sure what will happen..saw some cases where CO asked for permission to reduce points in EOI.. but it again depends on CO I guess..


I think you should let them know asap. As far as I know if the points calculated by CO is lesser than the points claimed it might lead to a refusal. Why take the chance? Let them know and they should be providing you options. Its far better than them finding out on their own and a CO who woke up on the wrong side of the bed sending you a refusal without asking for a clarification. I think quite a few people here have more experience than me specially related to ACS matters; so you might want to hang around for a bit and listen to some other opinions.


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## crunchy (Dec 18, 2013)

Hi, Not sure if this will help (didn't read through all of it), but this is the link to the refund form:

http://www.immi.gov.au/allforms/pdf/1424.pdf

worth a try. God bless.


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## ToAustralia2013 (Jun 2, 2013)

dragonfly21 said:


> The thread starter is in a difficult situation. The least you can do is open a new thread for your unrelated questions rather than barging in.


Thank you for the understanding dragonfly21, after my last post was struggling to see if there maybe some light at the end of my tunnel. Hence was not even in the frame of mind to check the forum even. We did manage to reach the CO and was forwarded a form to apply refund, however, just unlucky - was rejected.

Now once again after my experience has reached 3 years in Feb(very sad that almost after 9 years of working, only 3 years skilled ), we have resubmitted a new EOI with 60 points. Going to just wait and trust God...still hopeful😌.. If and when God wills let it happen. Definitely learnt from it and I request a everyone to be careful... Don't want another to lose like me...


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## bond_bhai (Jan 26, 2012)

ToAustralia2013 said:


> Thank you for the understanding dragonfly21, after my last post was struggling to see if there maybe some light at the end of my tunnel. Hence was not even in the frame of mind to check the forum even. We did manage to reach the CO and was forwarded a form to apply refund, however, just unlucky - was rejected.
> 
> Now once again after my experience has reached 3 years in Feb(very sad that almost after 9 years of working, only 3 years skilled ), we have resubmitted a new EOI with 60 points. Going to just wait and trust God...still hopeful😌.. If and when God wills let it happen. Definitely learnt from it and I request a everyone to be careful... Don't want another to lose like me...


Keep cool m8 and keep the spirits up. You will get thru.


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## ToAustralia2013 (Jun 2, 2013)

harikris4u said:


> Hello,
> Could you please tell me what degree you hold. I am a software engineer and I did my bachelors in Btech ECE. Need to know if thats a ICT major or Minor...
> 
> 
> ...


Hari Krishna - sorry I could not reply earlier.was not in the right frame of mind and was not checking this thread. Hope u got ur answer... I wish u all the best


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## ToAustralia2013 (Jun 2, 2013)

crunchy said:


> Hi, Not sure if this will help (didn't read through all of it), but this is the link to the refund form:
> 
> http://www.immi.gov.au/allforms/pdf/1424.pdf
> 
> worth a try. God bless.


Hi ... Thank you and sorry for the delay. As mentioned in reply post to dragonfly, I was not checking this thread. We tried... Lost... Yet trying again..wish u all the best


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## ToAustralia2013 (Jun 2, 2013)

jyoti_dogra01 said:


> I am also in a similar situation..claimed 70 points for 190 ..Claimed 10 points for Work Ex ..Later realized ..As per ACS it should be 5 points..I will still get 65 points..dont have a CO as yet ..not sure what will happen..saw some cases where CO asked for permission to reduce points in EOI.. but it again depends on CO I guess..


Hi .. Hope things worked out for you. Sorry could not reply in earlier


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