Expat Forum For People Moving Overseas And Living Abroad banner

1 - 20 of 37 Posts

·
Registered
Joined
·
158 Posts
Discussion Starter · #1 · (Edited)
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...
 

·
Registered
Joined
·
192 Posts
This is weird. What about the 6 years and 6 months???
 

·
Registered
Joined
·
99 Posts
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...
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.
 
  • Like
Reactions: jre05

·
Registered
Joined
·
115 Posts
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 :(
 

·
Registered
Joined
·
158 Posts
Discussion Starter · #5 ·
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...:(:confused::(:(
 

·
Registered
Joined
·
158 Posts
Discussion Starter · #6 ·
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?
 
G

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

·
Registered
Joined
·
158 Posts
Discussion Starter · #8 ·
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:eek:
 
  • Like
Reactions: jre05
G

·
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.
 

·
Registered
Joined
·
1,970 Posts
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.
 

·
Registered
Joined
·
115 Posts
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.
Sorry but I am just sad about his situation. that's all
 

·
Registered
Joined
·
108 Posts
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!! :confused:

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

·
Registered
Joined
·
158 Posts
Discussion Starter · #14 ·
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.
 

·
Registered
Joined
·
239 Posts
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.
 

·
Registered
Joined
·
158 Posts
Discussion Starter · #17 ·
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
 

·
Registered
Joined
·
158 Posts
Discussion Starter · #18 ·
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
 

·
Registered
Joined
·
49 Posts
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?
 

·
Registered
Joined
·
33 Posts
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.
 
1 - 20 of 37 Posts
Top