# Subclass 189 : Incorrect points claimed in EOI



## vishalshroff (Jun 21, 2018)

Hi everyone ,

I'm Vishal currently residing in Singapore working as a Software Developer here. :ranger:

I got my ACS Skills Assessment completed for 261313 (Software Engineer) code. As per ACS letter, 
"The following employment after May 2012 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code"

I have total 8 years of work experience from May 2010 - May 2018. Basically, ACS has considered only 6 years of work experience as relevant to 'claim points'. The first 2 years are only to meet the skill requirement. I understand this now, after i got clarification from ACS.

But at the time of submitting the EOI for Subclass 189, I had given 8 years to claim 15 points. Actually, I should have given '5 years and above' and claimed 10 points.

My EOI points after giving 8 years : 80
My actual EOI points should be : 75

Now, I have got the 'Invitation to apply visa' for this incorrect EOI.

My query is this:

Should I go ahead with Visa application with 80 points and explain to CO later, or
Wait for 2 months for this invitation to expire and then reapply EOI with correct data.

If i go ahead with visa application and submit the 'Form 1023' upfront, will it still cause them to Refuse the visa?

Please let me know your thoughts on this. I'm really confused what to do. 

Thanks a lot for your time!
Vishal 


PS: I had submitted EOI on 07/06/2018 and got the invite on 20/06/2018.


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## PrettyIsotonic (Nov 30, 2016)

IMHO wait for your EOI to expire and submit a fresh one with accurate details as you have no means of updating the EOI anymore, particularly given these declarations in the EOI:

"Have provided complete and correct information in every detail on this form.

Understand that if they give false or misleading information, a future visa application
may be refused, or any visa granted may be cancelled."

Personally, I wouldn't risk getting a 3-year ban (PIC 4013) for a 3-6 month wait for an invitation once again. 

Curious to hear other members thoughts, and I would also consult a few MARA agents to seek their professional advice as well for the latest best practice.


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## JASN2015 (Dec 16, 2017)

vishalshroff said:


> Hi everyone ,
> 
> I'm Vishal currently residing in Singapore working as a Software Developer here. :ranger:
> 
> ...


If you had given the correct information, you wouldn't have been invited.so simply YOU CANNOT APPLY VISA for the current invitation.

I'm sorry to say,,you CAN NOT apply for the visa, it will definitely be rejected as being unable to prove the claims in the eoi, and the other hand it's illegal to lodge a eoi without having a SKILLS ASSESSMENT.
So, fill a fresh eoi and 189 and if you are interested in 190,then fill another separate EOI s for each states.
But I'm not sure whether you have to wait the current invitation get expired or lodge a eoi now.

Sorry to say the truth and fall your heart


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## vishalshroff (Jun 21, 2018)

JASN2015 said:


> If you had given the correct information, you wouldn't have been invited.so simply YOU CANNOT APPLY VISA for the current invitation.
> 
> I'm sorry to say,,you CAN NOT apply for the visa, it will definitely be rejected as being unable to prove the claims in the eoi, and the other hand it's illegal to lodge a eoi without having a SKILLS ASSESSMENT.
> So, fill a fresh eoi and 189 and if you are interested in 190,then fill another separate EOI s for each states.
> ...


*
it's illegal to lodge a eoi without having a SKILLS ASSESSMENT.*

I have received successful skills assessment letter from ACS as mentioned above.


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## shekar.ym (Apr 27, 2018)

please contact MARA immigration agent for better suggestion(s).


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## PrettyIsotonic (Nov 30, 2016)

vishalshroff said:


> *
> it's illegal to lodge a eoi without having a SKILLS ASSESSMENT.*
> 
> I have received successful skills assessment letter from ACS as mentioned above.


I think the point JASN2015 was trying to make is that you need to have all evidence to support your EOI claims (and dated such) *prior* to lodging an EOI (e.g. IELTS, skills assessment, etc.) 

I.e. you can't lodge an EOI claiming points in anticipation of a certain IELTS score or skills assessment outcome.


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## JASN2015 (Dec 16, 2017)

vishalshroff said:


> *
> it's illegal to lodge a eoi without having a SKILLS ASSESSMENT.*
> 
> I have received successful skills assessment letter from ACS as mentioned above.


I thought you submitted the eoi before you received the positive outcome and that's why you entered experience as 8 years instead of 5


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## JASN2015 (Dec 16, 2017)

PrettyIsotonic said:


> I think the point JASN2015 was trying to make is that you need to have all evidence to support your EOI claims (and dated such) *prior* to lodging an EOI (e.g. IELTS, skills assessment, etc.)
> 
> I.e. you can't lodge an EOI claiming points in anticipation of a certain IELTS score or skills assessment outcome.


Yes bro,I ment it


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## vishalshroff (Jun 21, 2018)

I've been through many similar posts and I think, best option would be to wait for my EOI to expire and re-submit with correct claims.:hurt:

On a separate note, Skillselect should allow to delete EOI even after invitation is received. Not sure why it isn't the case. :juggle:


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## vkbaghel (Jun 24, 2017)

vishalshroff said:


> *
> it's illegal to lodge a eoi without having a SKILLS ASSESSMENT.*
> 
> I have received successful skills assessment letter from ACS as mentioned above.


I 100% agree with JASN2015 ..you should not proceed with filing visa with this ITA....

1. You will not be able to prove the points claimed in EOI.

2. You would not have been invited with your current points.

Filing visa will be risky as the money will not be refunded. Also there may be ban for claiming false points.

I know someone who has been rejected. He accidently claimed points for Australia education for which CO asked proof. He is fighting for getting refund.

Me not sure whether to file a new EOI now or wait for the ITA to lapse...

Sent from my SM-G615FU using Tapatalk


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## vishalshroff (Jun 21, 2018)

Is there any way for me to Submit another EOI with correct points - while invitation expires? i.e. some way to not wait for 2 months for the invitation to expire. 

Thanks guys for your help. Appreciate it!

:clap2:


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## p4karthikeyan (Feb 21, 2018)

vishalshroff said:


> I've been through many similar posts and I think, best option would be to wait for my EOI to expire and re-submit with correct claims.:hurt:
> 
> On a separate note, Skillselect should allow to delete EOI even after invitation is received. Not sure why it isn't the case. :juggle:


I'm sorry for your situation. But it is completely your mistake not to read carefully even though your ACS result letter clearly explained where you could claim points. Anyway, thats in the past now.

Why would they let people to delete EOI? If they allow that, then there would be unnecessary deletes holding spots of some genuine applications.

I found similar mistake made by some people in the past - link here 

Check the above link and do that or wait for your invite to expire. If this ever comes up again in future, explain politely saying you never intended to claim false points and it was a honest mistake.


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## p4karthikeyan (Feb 21, 2018)

vishalshroff said:


> Is there any way for me to Submit another EOI with correct points - while invitation expires? i.e. some way to not wait for 2 months for the invitation to expire.
> 
> Thanks guys for your help. Appreciate it!
> 
> :clap2:


Try dropping a quick email to DHA if you can do that. They are usually quick to respond to our queries.


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## SunV (Jan 31, 2018)

*Waste of invite*

Hi,

*This is not for you Vishal but for everyone.*

I know its done by mistake but you wasted one valuable invite, one deserving 75 pointer (2613 group) is in pain because of this and there are many others who do same mistakes. 

We have this forum to clear everyone's doubt so its suggestion to all that if you are not sure how to fill the EOI then post your query in this forum (you will definately get the answers from many other applicants and if someone will give you wrong advice there are many others who can correct that advice instantaneously) or consult a good agent.

Right now with 300 invites and future is unpredictable please don't waste other applicant chances by doing these type of silly mistakes.


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## vishalshroff (Jun 21, 2018)

SunV said:


> Hi,
> 
> *This is not for you Vishal but for everyone.*
> 
> ...



*you wasted one valuable invite, one deserving 75 pointer (2613 group) is in pain because of this*

I got the invite for 80 points. So, another 75 pointer wont be in pain but rather a 80 pointer. I don't see many people with 80 points. And someone with 80 point will anyways be invited early when this invite expires, so his place is not taken.


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## vishalshroff (Jun 21, 2018)

What is DHA email?


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## vishalshroff (Jun 21, 2018)

p4karthikeyan said:


> I'm sorry for your situation. But it is completely your mistake not to read carefully even though your ACS result letter clearly explained where you could claim points. Anyway, thats in the past now.
> 
> Why would they let people to delete EOI? If they allow that, then there would be unnecessary deletes holding spots of some genuine applications.
> 
> ...


I agree that its my mistake to not read the ACS letter correctly. But, ACS can also do a better job explicitly mentioning that first 2 years of work experience cannot be used to claim points. As i see many people doing the same mistake, i can see this can be improved on their part.

Also, whats the DHA email?


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## p4karthikeyan (Feb 21, 2018)

vishalshroff said:


> p4karthikeyan said:
> 
> 
> > I'm sorry for your situation. But it is completely your mistake not to read carefully even though your ACS result letter clearly explained where you could claim points. Anyway, thats in the past now.
> ...


Dude, acs clearly mention from what date you can claim points, it looks like you didn't do your ground work properly. You did a mistake and you asked for help here but you are also here complaining about the process for your own mistakes. For God's sake, own up your mistakes and look for improvement in future. 

And also what you said about 80 pointers getting is wrong. You, indeed, wasted a 75 pointers invite. You don't understand how the skillselect works.


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## JASN2015 (Dec 16, 2017)

SunV said:


> Hi,
> 
> *This is not for you Vishal but for everyone.*
> 
> ...


Agreed


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## JASN2015 (Dec 16, 2017)

p4karthikeyan said:


> Dude, acs clearly mention from what date you can claim points, it looks like you didn't do your ground work properly. You did a mistake and you asked for help here but you are also here complaining about the process for your own mistakes. For God's sake, own up your mistakes and look for improvement in future.
> 
> And also what you said about 80 pointers getting is wrong. You, indeed, wasted a 75 pointers invite. You don't understand how the skillselect works.


Agreed completely


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## NB (Mar 29, 2017)

The department by design allows these invites to go waste

If every EOI has a fees of say 500-1000 AUD during lodging, which is adjusted against the visa application fees and forfeited in case of refusal of invite, this problem of multiple and false EOIs will be stopped 

But I doubt that the department will ever implement it

Cheers


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## Vineethmarkonda (Oct 5, 2017)

JASN2015 said:


> Agreed completely




Agreed.

You need to wait for EOI to expire.

It is true indeed you have taken the place of a 75 pointer.

You need to understand how skill select works.



Sent from my iPhone using Tapatalk


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## p4karthikeyan (Feb 21, 2018)

newbienz said:


> The department by design allows these invites to go waste
> 
> If every EOI has a fees of say 500-1000 AUD during lodging,which is adjusted against the visa application fees and forfeited in case of refusal of invite, this problem of multiple and false EOIs will be stopped
> 
> ...


Yes, that would be ideal.


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## santhoshpkumar (Apr 17, 2018)

newbienz said:


> The department by design allows these invites to go waste
> 
> If every EOI has a fees of say 500-1000 AUD during lodging, which is adjusted against the visa application fees and forfeited in case of refusal of invite, this problem of multiple and false EOIs will be stopped
> 
> ...


I doubt it is in their interest to implemtn this. Remember this will put additional stress on them to preocess and refund and all the hassel. Currently it is not a high priority to weed out false or incorrect invite claims. The system is alrady designed to just go to lapse for unclaimed invite. Which is the most efficient method. It is the responsibiliy of those applying to udnerstand the process. Also the moment you say refund people will be willing to still make those mistakes, only other option is no refund which probably will increase the money the government make and additional help weed out incorrect invites.


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## kooshan (Feb 21, 2018)

I think people here are really nice, otherwise they would have told you to go ahead and lodge your case.


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## NB (Mar 29, 2017)

santhoshpkumar said:


> I doubt it is in their interest to implemtn this. Remember this will put additional stress on them to preocess and refund and all the hassel. Currently it is not a high priority to weed out false or incorrect invite claims. The system is alrady designed to just go to lapse for unclaimed invite. Which is the most efficient method. It is the responsibiliy of those applying to udnerstand the process. Also the moment you say refund people will be willing to still make those mistakes, only other option is no refund which probably will increase the money the government make and additional help weed out incorrect invites.


Who said anything about refunds

No question of refunds
Fees paid will either be forfeited or adjusted against visa fees

If you apply, be prepared to pay the fees

What is 500-1000 AUD...an applicant spends much More then that in getting all his papers and tests ready to submit an EOI

Cheers


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## luvjd (Aug 10, 2017)

While there is no doubt that the system is being abused deliberately or by mistake and it should be corrected, I believe there are greater minds at work in the DHA and our perspective about the whole thing may be skewed. 

Just my two cents.


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## SunV (Jan 31, 2018)

vishalshroff said:


> *you wasted one valuable invite, one deserving 75 pointer (2613 group) is in pain because of this*
> 
> I got the invite for 80 points. So, another 75 pointer wont be in pain but rather a 80 pointer. I don't see many people with 80 points. And someone with 80 point will anyways be invited early when this invite expires, so his place is not taken.


Mate,

Try to understand the process first before applying for EOI. 300 people like you can waste the one complete round.

Raise you queries in this forum you will definitely get the answer.


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## NB (Mar 29, 2017)

luvjd said:


> While there is no doubt that the system is being abused deliberately or by mistake and it should be corrected, I believe there are greater minds at work in the DHA and our perspective about the whole thing may be skewed.
> 
> Just my two cents.


As is said in my post, it’s not as if I am proposing an out of the box solution which no one has ever thought of

The department is well aware of the malaise and the solution, but are deliberately allowing it to fester

It probably suits them to have a bloated pool of EOIs and wasted invites

I had asked a question a few months back but did not get a single reply

What interest is served by allowing an applicant to submit multiple EOIs
Hiding the fact that you have applied to another state cannot be justified as a reason


Cheers


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## NB (Mar 29, 2017)

vishalshroff said:


> *you wasted one valuable invite, one deserving 75 pointer (2613 group) is in pain because of this*
> 
> I got the invite for 80 points. So, another 75 pointer wont be in pain but rather a 80 pointer. I don't see many people with 80 points. And someone with 80 point will anyways be invited early when this invite expires, so his place is not taken.


You have shot your self also in the foot in the process

Now that you are in the 75 queue, there is one extra person ahead of you, who would have been invited in the 20th June round itself had your application not been in the system

If you think 1 person doesn’t make a difference, ask the applicant who missed his invite at 65 points by 1 person last year 
He may never ever get invited in current circumstances 


Cheers


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## luvjd (Aug 10, 2017)

newbienz said:


> As is said in my post, it’s not as if I am proposing an out of the box solution which no one has ever thought of
> 
> The department is well aware of the malaise and the solution, but are deliberately allowing it to fester
> 
> ...


I did reply to your post 
https://www.expatforum.com/expats/a...ficially-allow-multiple-eois-skillselect.html

For me, it looks more like a technical challenge than a policy issue to stop this nonsense.
And moreover, given the huge surge in the number of applicants, it is a non-issue for them but can be a nightmare for genuine candidates waiting for the invite. If they need more people they can always increase the number of invites.


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## Vineethmarkonda (Oct 5, 2017)

newbienz said:


> You have shot your self also in the foot in the process
> 
> 
> 
> ...




Also if he applies now with wrong EOI I think he will be banned for few years I guess




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## NB (Mar 29, 2017)

luvjd said:


> I did reply to your post
> https://www.expatforum.com/expats/a...ficially-allow-multiple-eois-skillselect.html
> 
> For me, it looks more like a technical challenge than a policy issue to stop this nonsense.
> And moreover, given the huge surge in the number of applicants, it is a non-issue for them but can be a nightmare for genuine candidates waiting for the invite. If they need more people they can always increase the number of invites.


Come on be reasonable 
They can prevent double Aadhaar issue by comparing database of 1300 million people in india and DHA can’t tweak their software to prevent double EOIs which runs into maybe a hundred thousand 

Moreover, leave the technical part 
Most applications will be stopped the moment they declare that having multiple EOIs is an offence

I am also equally guilty of encouraging members to submit multiple EOIs when asked on the forum, because it is allowed by the Department 

But as I said there is lack of will

Cheers


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## luvjd (Aug 10, 2017)

newbienz said:


> Come on be reasonable
> They can prevent double Aadhaar issue by comparing database of 1300 million people in india and DHA can’t tweak their software to prevent double EOIs which runs into maybe a hundred thousand
> 
> Moreover, leave the technical part
> ...


Hope they will do it soon and save the potential deserving candidates from this agony. 
Or maybe as you said it suits them in a mysterious way we are not able to comprehend. 

Sent from my Redmi 4 using Tapatalk


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## JASN2015 (Dec 16, 2017)

luvjd said:


> Hope they will do it soon and save the potential deserving candidates from this agony.
> Or maybe as you said it suits them in a mysterious way we are not able to comprehend.
> 
> Sent from my Redmi 4 using Tapatalk


I presume they verify data given from the multiple eoi s ,, and it may be a reason for rejections of application to Victoria regarding commitment conditions checking the applicant have applied to another states too.


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## PrettyIsotonic (Nov 30, 2016)

vishalshroff said:


> What is DHA email?


There might be a way of getting in touch with them via your Immiaccount?

Otherwise perhaps try contacting their visa office here:
https://www.homeaffairs.gov.au/about/contact/offices-locations

I've never got a ITA, but perhaps there is "contact us" info on that email?

All the best

edit; 
found these email addresses - [email protected] | [email protected]

souce: https://www.expatforum.com/expats/a...246817-initial-entry-waiver.html#post12292625


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## NB (Mar 29, 2017)

Vineethmarkonda said:


> Also if he applies now with wrong EOI I think he will be banned for few years I guess
> 
> 
> 
> ...


That’s the beauty or the ugliness of the system, however you put it

He can keep applying with 80 points indefinitely and keep wasting the invites, and no action can be taken against him
He will keep getting invites every 60 days and if he has 4 staggerated EOIs in the system , then even every round and waste them all

It’s very easy for anyone to game the present system, if one is sadistic 

Cheers


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