# Chances of getting subclass 189 visa rejected



## nnawalage (Apr 8, 2018)

Below is my scenario.

Employment 1: total 6 Years (positive ACS assessment for 4 years)
Employment 2: (current employment): 1 year (could not get assessed because current employer is not willing to support for immigration so couldn't get a experience reference letter)

EOI submitted with:
Employment 1: 4 years -claiming points
Employment 2: 1 year - do not claim points

Since my current employment (Employment 2) is not assessed and I cannot provide a reference letter confirming my experience for current employment, is there a possibility for my visa to be rejected even though I did not claim points for my current employment? I'm concerned whether CO might think that I am not suitable because I do not have current employment/skill related to MLTSSL and ANZSCO code and I cannot provide reference letter for current employment.

Are there any one else who had similar scenario and got succeeded? 

Your support is very much appreciated.


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## PrettyIsotonic (Nov 30, 2016)

If you get invited to apply, it means you have met the visa conditions and now all your evidence will be scrutinized. 

I don't think being currently employed is a prerequisite to getting a 189 invite - however you will have to mention any employment / unemployment on your form 80 (even for employment you didn't claim points for).


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## santhoshpkumar (Apr 17, 2018)

nnawalage said:


> Below is my scenario.
> 
> Employment 1: total 6 Years (positive ACS assessment for 4 years)
> Employment 2: (current employment): 1 year (could not get assessed because current employer is not willing to support for immigration so couldn't get a experience reference letter)
> ...


Nope, you have not falsely claimed points, since your EOI points is same as visa logment, your application is legit and valid. Also note you dont need a letter from your HR, you could have got a letter from you suordinates or seniors.


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## nnawalage (Apr 8, 2018)

Is there any one who had similar scenario and got succeeded. I am applying on my own, no agent, so it would be great if some one with similar situation can share their experiences.


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## PrettyIsotonic (Nov 30, 2016)

As long as you mention Employment 2 in Form 80 you're good to go imho 🙂 

Good to gather intel from others too, you might want to post on the other active threads relevant to your situation for more visibility


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## vivinlobo (Nov 15, 2016)

nnawalage said:


> Is there any one who had similar scenario and got succeeded. I am applying on my own, no agent, so it would be great if some one with similar situation can share their experiences.


What's your status of visa? 

Sent from my G8342 using Tapatalk


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## kbjan26 (Apr 12, 2015)

nnawalage said:


> Below is my scenario.
> 
> Employment 1: total 6 Years (positive ACS assessment for 4 years)
> Employment 2: (current employment): 1 year (could not get assessed because current employer is not willing to support for immigration so couldn't get a experience reference letter)
> ...


Employment 2 : You are claiming it at all. I hope in your EOI you have marked this experience as non-relevant which is not assessed by ACS. All you need to do is show some proofs of employment that is it


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## centaurarrow (Oct 25, 2017)

You are good to go as you haven't mentioned the experience during your EOI. CO is only interested in the work experience that was assessed by the relevant authority. *As, Isotope mentioned, please include this employment in Form 80. *

All you are letting the CO know is that you don't want to use/assess your current employment for the immigration purpose, it's as simple as that. Your other relevant employment is sufficed for your immigration.


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## kbjan26 (Apr 12, 2015)

centaurarrow said:


> You are good to go as you haven't mentioned the experience during your EOI. CO is only interested in the work experience that was assessed by the relevant authority. *As, Isotope mentioned, please include this employment in Form 80. *
> 
> All you are letting the CO know is that you don't want to use/assess your current employment for the immigration purpose, it's as simple as that. Your other relevant employment is sufficed for your immigration.


Right. 

In addition to the above , the scenario in which one stands to get rejected are

1. False claiming of points
2. Medicals - TB ,HIV tests failure etc
3.False disclosure of criminal records as such.

You have been assessed only for the experience you provided proof and I believe you have added only those experience as relevant in your EOI.

Btw, what is your status now ? Did you get invite ? Or is your question is out of anxiety even before you lodge your EOI


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## vivinlobo (Nov 15, 2016)

Guys I have no reference letter for my current job.. But I have my roles and responsibilities mentioned in my offer letter. Also I have a recent employment letter. Will that work? 

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## kbjan26 (Apr 12, 2015)

vivinlobo said:


> Guys I have no reference letter for my current job.. But I have my roles and responsibilities mentioned in my offer letter. Also I have a recent employment letter. Will that work?
> 
> Sent from my G8342 using Tapatalk


Roles and responsibilites mentioned in your offer letter is not valid and it is not of the latest date

Get one from your colleagues in stamp paper and notarize it if your current employer is not ready to give one.

What do you mean by recent employment letter here ?


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## vivinlobo (Nov 15, 2016)

kbjan26 said:


> Roles and responsibilites mentioned in your offer letter is not valid and it is not of the latest date
> 
> Get one from your colleagues in stamp paper and notarize it if your current employer is not ready to give one.
> 
> What do you mean by recent employment letter here ?


Employment letter requested from the HR online.. Which has the latest date in it 

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## kbjan26 (Apr 12, 2015)

vivinlobo said:


> Employment letter requested from the HR online.. Which has the latest date in it
> 
> Sent from my G8342 using Tapatalk


Does that contain roles and responsibilities as well ?


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## vivinlobo (Nov 15, 2016)

kbjan26 said:


> Does that contain roles and responsibilities as well ?


Well I think i have to make a special request for that. The standard one has no roles mentioned in it

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## kbjan26 (Apr 12, 2015)

vivinlobo said:


> Well I think i have to make a special request for that. The standard one has no roles mentioned in it
> 
> Sent from my G8342 using Tapatalk


Go for SD from your colleagues. Get it notarized. Good luck


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## Midit629 (Mar 13, 2019)

Hi ,
I have got the invite for 189 visa though I have some confusion,ACS deducted 2 years of my relevant work experience (software engineer) and my first employment in company was 1.5 years.I was just confused as ACS deducted 2 years from my relevant experience do I need to upload documents for this employment which was deducted by accessing authority and should upload documents which ACS says I can claim points for? Please suggest.


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## NB (Mar 29, 2017)

Midit629 said:


> Hi ,
> I have got the invite for 189 visa though I have some confusion,ACS deducted 2 years of my relevant work experience (software engineer) and my first employment in company was 1.5 years.I was just confused as ACS deducted 2 years from my relevant experience do I need to upload documents for this employment which was deducted by accessing authority and should upload documents which ACS says I can claim points for? Please suggest.


It depends on your personal choice
Some members like me like to upload the evidence for the entire period including the portion deducted by ACS, but some don’t
They prefer to upload evidence for only the period that they are claiming points for 

You can take your own decision 

Cheers


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## Midit629 (Mar 13, 2019)

Thanks NB for such a quick response,further to this query if I go ahead and upload documents for ACS deducted employment,then I have only offer letter and experience letter(contains roles and responsibilities) for this company,will that suffice or like rest of the employment I have to give pay slips and bank statements.


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## NB (Mar 29, 2017)

Midit629 said:


> Thanks NB for such a quick response,further to this query if I go ahead and upload documents for ACS deducted employment,then I have only offer letter and experience letter(contains roles and responsibilities) for this company,will that suffice or like rest of the employment I have to give pay slips and bank statements.


As I said, it’s all boils down to your personal choice
The DHA is grey on this issue

I had the complete set of documents, so I uploaded them
If you have only a skeletal set, maybe you would be better off not uploading at all


Cheers


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## Rusiru91 (Aug 16, 2018)

Do we need to provide proof for the employment we mention in the form 80 even though we don't claim points?


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## PrettyIsotonic (Nov 30, 2016)

Rusiru91 said:


> Do we need to provide proof for the employment we mention in the form 80 even though we don't claim points?


No we don't, but there have been cases where (perhaps overzealous / less informed) CO's have asked for evidence for such employment episodes (perhaps it was linked to security checks?).

The response I was prepared to give if asked was: "I'm sharing these employment episodes with DHA for record keeping purposes, not for claiming points towards my general skilled migration visa". 

I asked the same from a MARA agent (Mark Northam - MARN 1175508), here is my question and their response:



PrettyIsotonic said:


> Hi Mark - thank you so much for doing this. I have learnt so much reading through your answers and listening to your show - it is great to see your empathetic client-centered approach to providing your services.
> 
> I have a question regarding the GSM visas 189 / 190 / 489:
> 
> ...





MarkNortham said:


> Hi PrettyIsotonic -
> 
> Thanks for the note and kind words! We've noticed that over the last 6 months or so, for skilled visas DHA is taking a closer look at skilled employment claims including more verification visits (or calls) to current or former employers, etc. What's also new is that they are looking into employment that is used to meet the deeming period (ie, 2 years for some ACS candidates, etc) where the employment is considered skilled by the skills assessor, but cannot be counted for points because it's used to meet the minimum amount of skilled employment to meet the particular deeming period (to be deemed as "skilled") of the skills assessor. DHA clearly considers this skilled employment to be fair game for all verification checks, etc.
> 
> ...


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## NB (Mar 29, 2017)

Rusiru91 said:


> Do we need to provide proof for the employment we mention in the form 80 even though we don't claim points?


Some applicants provide, some don’t.
The DHA rules are not very clear
Some co have asked applicants to provide evidence for that period also, whesras some co don’t

Cheers


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