# EOI Help!! Will my 190 Visa get Refused?



## Ashwati Prakash (Nov 4, 2020)

Hi Everyone! I am stressed about my visa application as I wrongly filled my EOI and did not realize it until I received my state nomination and my EOI got invited. While filling my EOI I had given my full employment history and claimed 10 points for my overseas employment (5 to 8 years bracket). However, I realized ACS had deducted 2 years in the assessment and I'm eligible for 5 points only though all my work is relevant to my nominated skill for ANZSCO. I am clueless on how to proceed with this as I feel I should let me EOI expire and redo the whole thing again after 2 months. 

Another issue is I would not be able to apply for ACT Nomination for 6 months as the current invite is valid for 6 months 
I don't know if my skills will ever be open again after 6 months. This is causing a lot of stress for me and I would really appreciate any help! 

Thank you.


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## JT (Sep 1, 2020)

It depends. For the work experience you're claiming, was it all obtained *post-qualification*?


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## Ashwati Prakash (Nov 4, 2020)

This is my outcome from ACS:

Your skills have been assessed to be suitable for migration under ANZSCO Code 261311 (Analyst
Programmer).

Your qualifications have been assessed as follows:

*Your Bachelor of Technology in Information Technology from XYZ University completed April 2010
has been assessed as comparable to an AQF Bachelor Degree with a Major in computing.
Your Master of Business Information Systems from XYZ University completed
July 2019 has been assessed as comparable to an AQF Master Degree with a Major in computing.*

The following employment after *14 August 2012* is considered to equate to work at an appropriately skilled
level and relevant to *ANZSCO Code 261311 (Analyst Programmer).*

Dates: 08/10 - 10/12 - *2 year(s) 2 month(s) <- this is where I made a mistake. I claimed 2y 2months, Instead of just 3 months*
Position: XYZ
Employer: XYZ
Country: Outside Of Australia

Dates: 02/13 - 07/14 - *1 year(s) 5 month(s)*
Position: XYZ
Employer:XYZ
Country: Outside Of Australia

Dates: 07/14 - 07/17 -* 2 year(s) 11 month(s)*
Position: XYZ
Employer: XYZ
Country: Outside Of Australia

Dates: 01/20 - 09/20 - *0 year(s) 8 month(s)*
Position: XYZ
Employer: XYZ
Country: Australia

While the ACS is authorised to assess ICT skills assessments, the final decision in awarding points remains
with the Department of Home Affairs.


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## JT (Sep 1, 2020)

Ashwati Prakash said:


> This is my outcome from ACS:
> 
> Your skills have been assessed to be suitable for migration under ANZSCO Code 261311 (Analyst
> Programmer).
> ...


You should be fine. The rules were changed a while ago that you could claim any relevant experience from the date you met the ANZSCO skill level (in your case, April 2010). But, you still required a positive skills assessment.


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## Ashwati Prakash (Nov 4, 2020)

imjordanxd said:


> You should be fine. The rules were changed a while ago that you could claim any relevant experience from the date you met the ANZSCO skill level (in your case, April 2010). But, you still required a positive skills assessment.


Oh really? that is such a relief! thank you so much. So the statement "
The following employment after *14 August 2012* is considered to equate to work at an appropriately skilled
level and relevant to *ANZSCO Code 261311 (Analyst Programmer).* " from ACS does not matter for the Visa? I don't want to be considered as over-claiming points or giving false information.


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## JT (Sep 1, 2020)

Ashwati Prakash said:


> Oh really? that is such a relief! thank you so much. So the statement "
> The following employment after *14 August 2012* is considered to equate to work at an appropriately skilled
> level and relevant to *ANZSCO Code 261311 (Analyst Programmer).* " from ACS does not matter for the Visa? I don't want to be considered as over-claiming points or giving false information.


Have a read at this: Important change to Work Experience points - Iscah


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## Ashwati Prakash (Nov 4, 2020)

imjordanxd said:


> Have a read at this: Important change to Work Experience points - Iscah


Thanks a lot. I hope this holds good for ACT as well. I just saw another thread that said NSW does not follow this policy.


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## theone1111 (Sep 7, 2017)

Ashwati Prakash said:


> Thanks a lot. I hope this holds good for ACT as well. I just saw another thread that said NSW does not follow this policy.


hmm, in that case you need to verify if this policy holds true for ACT or not


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## Ashwati Prakash (Nov 4, 2020)

I might wait for another 6 months as the migration agent said it is upto CO to decide


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## mustafa01 (Jan 29, 2017)

Ashwati Prakash said:


> Hi Everyone! I am stressed about my visa application as I wrongly filled my EOI and did not realize it until I received my state nomination and my EOI got invited. While filling my EOI I had given my full employment history and claimed 10 points for my overseas employment (5 to 8 years bracket). However, I realized ACS had deducted 2 years in the assessment and I'm eligible for 5 points only though all my work is relevant to my nominated skill for ANZSCO. I am clueless on how to proceed with this as I feel I should let me EOI expire and redo the whole thing again after 2 months.
> 
> Another issue is I would not be able to apply for ACT Nomination for 6 months as the current invite is valid for 6 months
> I don't know if my skills will ever be open again after 6 months. This is causing a lot of stress for me and I would really appreciate any help!
> ...


It is a risk. State does not have any say in the grant process and it is totally up to Department of Home Affairs. Is your Migration agent recommending you proceeding with the lodgment?


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## anujtaya (Sep 17, 2019)

Hmm its really tricky. If policy produced in January has any significance you should be fine. It totally depend on case officers.


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## NB (Mar 29, 2017)

Ashwati Prakash said:


> Hi Everyone! I am stressed about my visa application as I wrongly filled my EOI and did not realize it until I received my state nomination and my EOI got invited. While filling my EOI I had given my full employment history and claimed 10 points for my overseas employment (5 to 8 years bracket). However, I realized ACS had deducted 2 years in the assessment and I'm eligible for 5 points only though all my work is relevant to my nominated skill for ANZSCO. I am clueless on how to proceed with this as I feel I should let me EOI expire and redo the whole thing again after 2 months.
> 
> Another issue is I would not be able to apply for ACT Nomination for 6 months as the current invite is valid for 6 months
> I don't know if my skills will ever be open again after 6 months. This is causing a lot of stress for me and I would really appreciate any help!
> ...


You gave wrong dates in your ACS assessment 
You made wrong claim in the EOI

I don’t understand what you were thinking when doing the above 2 activities
You and your agent both have taken things very lightly
I don’t even understand if I should call your agent an agent if he allowed such blatant mistakes in the ACS application and EOI. If he is a Mara agent, you can complain against him to Mara 
If I were in your shoes, I would not proceed with the invite and throw out the ACS assessment and start the process all over again with the correct data

cheers


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## ga2au (Aug 16, 2019)

Ashwati Prakash said:


> Hi Everyone! I am stressed about my visa application as I wrongly filled my EOI and did not realize it until I received my state nomination and my EOI got invited. While filling my EOI I had given my full employment history and claimed 10 points for my overseas employment (5 to 8 years bracket). However, I realized ACS had deducted 2 years in the assessment and I'm eligible for 5 points only though all my work is relevant to my nominated skill for ANZSCO. I am clueless on how to proceed with this as I feel I should let me EOI expire and redo the whole thing again after 2 months.
> 
> Another issue is I would not be able to apply for ACT Nomination for 6 months as the current invite is valid for 6 months
> I don't know if my skills will ever be open again after 6 months. This is causing a lot of stress for me and I would really appreciate any help!
> ...


Unfortunately, based on what you told us, you cant proceed with your application with wrong dates. in addition, your points has change, so this is overclaiming. If you push your application, it will be definitely rejected, and may affect your future application. I suggest you to withdraw this application and just create for a new (CORRECT) EOI.


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## JT (Sep 1, 2020)

Does the following not mean anything?


> If the skills assessing authority’s opinion would result in the applicant being awarded less points than the applicant claimed in their EOI, then decision makers should consider the information in ANZSCO and apply the more beneficial outcome in determining when the applicant was working at a skilled level.


Source: Important change to Work Experience points - Iscah

I was granted a 482 visa with only 2 years experience post-qualification when I barely would have received a positive skills assessment from the ACS. It seems that DHA considers the "skilling" period as skilled employment granted you have met the ANZSCO skill level.


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## safe for better life (Nov 23, 2019)

NB said:


> ere thinking when doing the above 2 activities
> You and your agent both have taken things very lightly
> I don’t even understand if I should call your agent an agent if he allowed such blatant mistakes in the ACS application and EOI. If he is a Mara agent, you can complain against him to Mara
> If I were in your shoes, I would not proceed with the invite and throw out the ACS assessment and start the process all over again with the correct data


Agree, you will be refused unless you can update it.


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## tungly (Aug 4, 2019)

Ashwati Prakash said:


> Hi Everyone! I am stressed about my visa application as I wrongly filled my EOI and did not realize it until I received my state nomination and my EOI got invited. While filling my EOI I had given my full employment history and claimed 10 points for my overseas employment (5 to 8 years bracket). However, I realized ACS had deducted 2 years in the assessment and I'm eligible for 5 points only though all my work is relevant to my nominated skill for ANZSCO. I am clueless on how to proceed with this as I feel I should let me EOI expire and redo the whole thing again after 2 months.
> 
> Another issue is I would not be able to apply for ACT Nomination for 6 months as the current invite is valid for 6 months
> I don't know if my skills will ever be open again after 6 months. This is causing a lot of stress for me and I would really appreciate any help!
> ...


For the ones who are posting the link to Iscah, I don't believe what the Iscah said unless you give me the link from DHA. Iscah is not official source.

For Visa 482 and 186, DHA doesn't mention about how experience is counted. See more on https://immi.homeaffairs.gov.au/vis...l-shortage-482/medium-term-stream#Eligibility. Therefore, for 482 and 186 people, you just need post-qualification experience and skill assessment.

For Visa 190, in point table for visa 190 Points table for Skilled Nominated visa (subclass 190), DHA states that you can only claim for experience that closely-related occupations.










Although this seems not to clear but I could not find any official source says that you can claim points for deducted year by ACS. Only Iscah announce this and Iscah is not official government agency.

I am not migration agent so I couldn't give you advice. All I can do is giving you the information above. Just want to remind you that in Visa 190 information page, there is a condition for you which is "Not had a visa cancelled or a previous application refused". This means if you go with over claim EOI and lodged a Visa and you got visa refused, there is a risk that you will not eligible for the next 190 visa application in the future.

All the best.


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## Pathpk (Dec 3, 2017)

Can’t compare 482 visa requirements / rules to 189/190 as it’s not points based. Apples and oranges.


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## theleaflet (Nov 6, 2020)

Ashwati Prakash said:


> Hi Everyone! I am stressed about my visa application as I wrongly filled my EOI and did not realize it until I received my state nomination and my EOI got invited. While filling my EOI I had given my full employment history and claimed 10 points for my overseas employment (5 to 8 years bracket). However, I realized ACS had deducted 2 years in the assessment and I'm eligible for 5 points only though all my work is relevant to my nominated skill for ANZSCO. I am clueless on how to proceed with this as I feel I should let me EOI expire and redo the whole thing again after 2 months.
> 
> Another issue is I would not be able to apply for ACT Nomination for 6 months as the current invite is valid for 6 months
> I don't know if my skills will ever be open again after 6 months. This is causing a lot of stress for me and I would really appreciate any help!
> ...


Will you not be able to apply after completing 12 months in Australia? I hope completing 12 months in onsite will give you the 5 points


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## Quiksylver789 (Oct 14, 2020)

Can anyone shed some light on when was the last time invitations were sent out for ANZSCO 262112? I don't see it mentioned in any of the months from April-20 to Oct-20. Is there anywhere we can see data of the months before April-20 and 2019, 2018? Thanks.


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## Maggo1234 (Sep 20, 2018)

Let us know the outcome please 

Sent from my SM-G955F using Tapatalk


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## marinereefer (Nov 11, 2020)

Ashwati Prakash said:


> Hi Everyone! I am stressed about my visa application as I wrongly filled my EOI and did not realize it until I received my state nomination and my EOI got invited. While filling my EOI I had given my full employment history and claimed 10 points for my overseas employment (5 to 8 years bracket). However, I realized ACS had deducted 2 years in the assessment and I'm eligible for 5 points only though all my work is relevant to my nominated skill for ANZSCO. I am clueless on how to proceed with this as I feel I should let me EOI expire and redo the whole thing again after 2 months.
> 
> Another issue is I would not be able to apply for ACT Nomination for 6 months as the current invite is valid for 6 months
> I don't know if my skills will ever be open again after 6 months. This is causing a lot of stress for me and I would really appreciate any help!
> ...


Hi Ashwati, are they accepting EOIs? I thought none of the states were accepting EOIs


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## anujtaya (Sep 17, 2019)

tungly said:


> For the ones who are posting the link to Iscah, I don't believe what the Iscah said unless you give me the link from DHA. Iscah is not official source.
> 
> For Visa 482 and 186, DHA doesn't mention about how experience is counted. See more on https://immi.homeaffairs.gov.au/vis...l-shortage-482/medium-term-stream#Eligibility. Therefore, for 482 and 186 people, you just need post-qualification experience and skill assessment.
> 
> ...


In the closely related occupation it mentions or for each bullet points. So i guess case officer will look at the duties performed for the first 
bullet point (to verify anzsco requirement)
🤔🤔

"OR"


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## negi (Dec 11, 2019)

marinereefer said:


> Hi Ashwati, are they accepting EOIs? I thought none of the states were accepting EOIs


Many States are still using their interim allocations and sending invitations to selected occupations and those residing in the specific state.


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