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Discussion Starter · #1 ·
Guys, I was browsing through the forums and came across a post where someone was refused visa because of the after clause (deduction of 2 years)

I am going through an agent and have already applied for DIAC and paid the fee.

Below is my ACS letter

25 June 2013







Dear Mr xxxxxx,



Thank you for your ICT skills assessment which was received by the Australian Computer Society on 4

April 2013.



Your skills have been assessed to be suitable for migration under 261312 (Developer Programmer) of

the ANZSCO Code.



Your qualification has been assessed as follows:



Your Bachelor of Engineering in Computer Science and Engineering from Visveswaraiah Technological

University completed July 2009 has been assessed as comparable to an AQF Bachelor Degree with a

major in computing



The following employment after January 2012 is considered to equate to work at an appropriately

skilled level and relevant to 261312 (Developer Programmer) of the ANZSCO Code.



Dates: 06/09 - 12/09 (0yrs 6mths)

Position: SOFTWARE ENGINEER

Employer: XXXXXXXXXX

Country: INDIA



Dates: 07/10 - 03/13 (2yrs 8mths)

Position: SENIOR SOFTWARE ENGINEER

Employer: XXXXXXXXXXX

Country: INDIA



Please note that the Department of Immigration and Citizenship reserves the right to undertake further

investigation regarding your skilled employment experience.
==========================================================

they reduced 6 months from my total expereience, they have considered (6 months + 32 months = 38 months).. but they also have the sentence,

The following employment after January 2012 is considered to equate to work at an appropriately

skilled level and relevant to 261312 (Developer Programmer) of the ANZSCO Code.



I have apploed with 60 points, with 5 points from 3 years of work... will my visa get rejected???????? I have put in all my life savings here and the agent told me go ahead and apply.. please tell me what to do , i submitted my apploication only yesterday., should i withdraw, can i withdraw or is my case valid?

hari
 

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Discussion Starter · #2 ·
i am working since Dec 2009. i have given evedy document. i am a computer science and engineering gradute. Syarted off as a software engineer with a company and then associaye soft engg with another company, then promoted to soft engg and now senior soft engg.
can i withdraw and get a refund? i submitted only yest.. the bloody agent didnt tell me this..
 

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Discussion Starter · #3 ·
i got the eoi on 4th nov and paid 2 lacs fee... the immigration agent never told me of thsi. i am very stressed
 

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i got the eoi on 4th nov and paid 2 lacs fee... the immigration agent never told me of thsi. i am very stressed
Alright once a CO is allocated, you ask him politely whether your claim is right or not, and if not, request him to give you the chance to withdraw your application, and once withdrawn, he probably would give you the opportunity to apply for refund.

But if you do not do anything, it'll be on your luck and most probably you may end up having a negative outcome with no chance of refund.
 

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can i not withdraw before a CO is allocated? Had read it somewhere.. please advise..
I m not sure whether you can do that..But as stated above, email/talk to your CO politely and try explaining them your situation.May help,not sure though..goodluck!!
 

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can i not withdraw before a CO is allocated? Had read it somewhere.. please advise..
Withdrawing your application
You can withdraw your application at any stage during processing. If any applicant wishes to withdraw their application, they must advise the department in writing.
In order to withdraw, please send signed written withdrawal advice with your full name, date of birth, date of application, file reference number/transaction record number (if known) and passport number (if known) in order for this request to be processed. This advice can include any number of applicants but must be signed by each person aged 18 years and over.
 

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Withdrawing your application
You can withdraw your application at any stage during processing. If any applicant wishes to withdraw their application, they must advise the department in writing.
In order to withdraw, please send signed written withdrawal advice with your full name, date of birth, date of application, file reference number/transaction record number (if known) and passport number (if known) in order for this request to be processed. This advice can include any number of applicants but must be signed by each person aged 18 years and over.
Good!!..but will there be a refund too?:
 
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Refunds are rare but your chances are better if you ask before they have done any work on your application. If you ask after a co has spent time working on it your chances are less.
 

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Discussion Starter · #12 ·
Refunds are rare but your chances are better if you ask before they have done any work on your application. If you ask after a co has spent time working on it your chances are less.
Hi,

thank you all for your replies but I am wondering when was the "after" clause introduced. I still need to speak to immigration agent and I am wondering if they are aware of it or not. I was checking a "guide" where they added the section only in Oct 2013, they hadn't really publicised this rule i believe? not sure. Please advise.

I think I'll speak to my agent and send a lterr in writing to them.

please advise.

Hari
 
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It was fairly recently but before October but when is irrelevant. It was well published on both ACS & DIBP site and is part of migration law that you pass the points test and don't overclaim.

Nothing much you can do about it. It is your responsibility to ensure you meet the requirements not that of DIBP to contact everyone to ensure they have triple checked the rules.

If your agent was not aware of it then they are quite poor and are probably not registered migration agents.
 

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i got the eoi on 4th nov and paid 2 lacs fee... the immigration agent never told me of thsi. i am very stressed
Not sure if I understood you, have you paid the said amount for lodging EOI ?? EOI is free and I think you should pay to your agent only after you get an invite, right?
 

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Discussion Starter · #15 ·
I spoke to my agent, they are in business since past 15 odd years. She told me that they have processed 6 applications with such conditions this month and told me not to fear. I am confused now.......
 

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I spoke to my agent, they are in business since past 15 odd years. She told me that they have processed 6 applications with such conditions this month and told me not to fear. I am confused now.......
If your agent is not a registered migration agent then most likely she is not aware of recent changes. You ACS result clearly shows that you have less than three years of work experience. You won't be able to claim 5 points for work experience.

Its my personal experience, don't waste your money and time on non-registered migration agents. I have wasted about 1.5 INR on a non-registered agent within last three years. Now I am doing everything on my own. You should contact DIAC as soon as possible.
 
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