Overclaiming on the EoI - Instant Application Refusal

[Guest jewel071084]

Hi there Alan and Jamie,

 

Thank you for sharing those info with us. I really need your advice regarding my case. I already had my skills assessment from the Engineers Australia dated May 2012. Just recently, i reviewed the result of my assessment. It was written there that my work experience is from May 2007 to February 2012 which is less than 5 years. However based in my work reference i'd submitted to them, i wrote there that my work experience covers from May 2007 to date with a total of 5 years and 4 months. My question is that, will this complicate my application since i declared 5 years of work experience to get 10 points in my application? What shall i do? Kindly help me with sir. Your reply is highly appreciated. God bless

[Watcher]

Hi there Alan and Jamie,

 

Thank you for sharing those info with us. I really need your advice regarding my case. I already had my skills assessment from the Engineers Australia dated May 2012. Just recently, i reviewed the result of my assessment. It was written there that my work experience is from May 2007 to February 2012 which is less than 5 years. However based in my work reference i'd submitted to them, i wrote there that my work experience covers from May 2007 to date with a total of 5 years and 4 months. My question is that, will this complicate my application since i declared 5 years of work experience to get 10 points in my application? What shall i do? Kindly help me with sir. Your reply is highly appreciated. God bless

 

The case officer must consider all evidence you provide in determing points for work experience. If your work experience after Feb 2012 was with the same employer and same duties you should not have a problem. I assume you lodged your application with IEA in Feb 2012 and hence the gap from Feb-May.

[Guest jewel071084]

Hi there Alan,

 

Thank you for sharing those info with us. I really need your advice regarding my case. I already had my skills assessment from the Engineers Australia dated May 2012. Just recently, i reviewed the result of my assessment. It was written there that my work experience is from May 2007 to February 2012 which is less than 5 years. However based in my work reference i'd submitted to them, i wrote there that my work experience covers from May 2007 to date with a total of 5 years and 4 months. My question is that, will this complicate my application since i declared 5 years of work experience to get 10 points in my application? What shall i do? Kindly help me with sir. Your reply is highly appreciated. God bless.

[Guest yabisht]

Skill Assessment Issue - Gap in work exp due to study break for MBA - which visa category to apply for PR?

 

We are planning to apply for PR. Need inputs from the forum members.

 

Me and my husband have work ex of 4y4m and 5 y respectively, but it is split in two parts. Before and after MBA. Current work ex post MBA is 2 yr 4 months for both. Subclass 189 and 190 says 36/48 months should be in same occupation. So we are unable to find the right visa type for us. because 30 months back we were actually studing in B-schools.

 

Earlier work ex previous to MBA is 23 months (me) 33 months (husband).

 

Other Details:

We are in the same industry through out the employment: IT industry for 4 Y 4 M (me), and 5 Y (husband)

Work profile before MBA - more technical, 70% development or testing, 30% business analysis

Work profile after MBA - more functional, 80% business analysis, 20% development or testing

 

 

Please advise which visa will suit us wrt Australia 189/190? Our ultimate objective is to get PR of Australia. Any suggestion is welcome.

 

 

Edited October 10, 2012 by yabisht

[AnnetteV]

Hi,

 

Im now in that situation that I thought I claimed employments points for 3 years but because I click the box in relevant work experience on two jobs with less than 20 hours a week. I have received a mail from my case officer saying I should find the extra 5 points received or withdraw my 190 visa application because if I dont find the 5 points I will be refused the visa.

I got SS from ACT as a career counsellor.

I have 60 points with SS but the system gave me 65 points.

Any advice/ideas will be appreciated.

[Guest Redroyb]

Agony...

am so close, yet I think I,m finished.

Vetassess, the Skills Recognition for General Occupations body, who may or may NOT authenticate my qualifications in F.E lecturing needs a min of 20 hrs a week work.

This is for the 190 visa.

No lecturers were ever given 20 hrs in my former college, ONLY managers were allowed those hours. The most I got was 17.5 contract hrs.

Is it over for me?

[thegeek]

I have this innocous query.

I currently have 60 points and an invitation to apply for 189 visa. The relevant experience in 60 points is less than 5 years, effectively getting me 10 points for 3 years experience but on Nov 12th this year I complete 5 years and accordingly my experience points goes to 20 making the total 70. So, in case I apply for the visa say today and the experience points goes up before the CO is assigned, would that make it an instant refusal due to overclaim(or underclaim)? My Skill assement by ACS was successfully done around April this year for the relevant experience.

Edited October 17, 2012 by thegeek

[coastie]

I have this innocous query.

I currently have 60 points and an invitation to apply for 189 visa. The relevant experience in 60 points is less than 5 years, effectively getting me 10 points for 3 years experience but on Nov 12th this year I complete 5 years and accordingly my experience points goes to 20 making the total 70. So, in case I apply for the visa say today and the experience points goes up before the CO is assigned, would that make it an instant refusal due to overclaim(or underclaim)? My Skill assement by ACS was successfully done around April this year for the relevant experience.

 

Hi. The points you claim must match at the time of your invitation to apply for your 189 visa so you're fine.

 

Coastie.

[Watcher]

I have this innocous query.

I currently have 60 points and an invitation to apply for 189 visa. The relevant experience in 60 points is less than 5 years, effectively getting me 10 points for 3 years experience but on Nov 12th this year I complete 5 years and accordingly my experience points goes to 20 making the total 70. So, in case I apply for the visa say today and the experience points goes up before the CO is assigned, would that make it an instant refusal due to overclaim(or underclaim)? My Skill assement by ACS was successfully done around April this year for the relevant experience.

 

No scoring more points than in your invitation has no impact. points for the factors in the points testa re based on your circumstances as at date of invitation not application and the requirement is you score at least the same score as in your invitation.

[fari447]

My name is Farhan and I am a prospective immigrant currently in Dubai from 2007 till date

 

My Current situation is that I got positive assessment form vetasses for HR advisor, waiting for IELTS results due on 1st December 2012.

 

I need all senior's advice regarding claiming my work experience:

 

I am working since 1999 and work experience is as follows:

 

1) 1999 to 2003 as HR Officer in Pakistan (Employement Certificate is present only)

2) 2003 to 2007 as HR Executive in Pakistan (Employment certificate with job description is present only)

3) 2007 to 2012 as HR Manager in Dubai (Employement certificate with JD is present and I can also ask for the pay slips, and can provide bank statement to show that my salary was transfered in the bank)

4) May 2012 till date HR Manager in Dubai (Employment Certificate with JD can be presented along with bank statment and slips)

 

 

My main question is that since I am in Dubai right now it is really very hard to get any other documents from my first two companies as I am in different country, than HR records in Pakistan are not so well kept, third I can not provide banks statement as I have closed the account I was having in Pakistan 6 years back.

 

 

1) what is the best advice to claim the points?

 

2) is it all right to write my whole experience and claim eight years assuming that CO will accept the employment certificates only? as I will make 65 points with this?

3) Or just claim 5 years experience and how I can do that to claim only last 5 years experience?

 

Please give your advice.

[tolduso]

Hi All

 

What if the mistake was innocent?

 

I applied for subclass 189 and my points was 70.

 

However, when I received the email for further documents, I realised that I misread one of the questions in the EoI.

 

The question was: Credentialled community languageHas the client obtained credentialled community language qualifications to which I answered Yes. I understood the question as whether I have been accredited to speak another language. And I have seeing that I had done my second language in school and was awarded a certificate for it.

 

However, I have now realised that what the EoI question was referring to was the NAATI accreditation.

 

My question is:

 

1. Will this adversely affect the outcome of my application?

 

2. I have emailed my case officer explaining to her the situation but have yet to hear a reply and I am just EXTREMELY worried, what do you think the response would be?

[Alan Collett]

I'm assuming you have accepted the visa invitation and have paid the Visa Application Charge to the Department of Immigration.

 

Technically, if you overclaim points in the EoI ... see my original post on this thread.

 

You may find the case officer gives you the opportunity to amend the points claimed - but I'd not be relying on it. By overclaiming on the EoI you have theoretically - if not actually - denied someone else an opportunity to receive an invitation to apply for a visa.

 

Unfortunately this type of scenario is more probable when you lodge an EoI without the benefit of professional support.

 

Best regards.

[Alnaibii]

Recently there were some cases of people over-claiming, and the CO did not refuse the grant, but asked them to correct the mistake. Both cases i read about were with high points (70 or more) and reducing the points would still have got them invited in the same invitation round.

It is different when reducing the points leaves you with 60 or less. For 60 pointers there is a long queue.

[tolduso]

Recently there were some cases of people over-claiming, and the CO did not refuse the grant, but asked them to correct the mistake. Both cases i read about were with high points (70 or more) and reducing the points would still have got them invited in the same invitation round.

It is different when reducing the points leaves you with 60 or less. For 60 pointers there is a long queue.

 

Hi

 

Even if I have to correct the mistake (which I am happy to do), I will be left with 65 points. So, I am hoping that the CO will look on my application favourably and understand that I did not intend to mislead the Department. All I did was to misinterpret the question - it was an innocent mistake.

[Alan Collett]

Hi

 

Even if I have to correct the mistake (which I am happy to do), I will be left with 65 points. So, I am hoping that the CO will look on my application favourably and understand that I did not intend to mislead the Department. All I did was to misinterpret the question - it was an innocent mistake.

 

 

Intention is not the issue. The case officer is required to refuse your application if you have overclaimed points in the EoI.

 

Whether s/he does so remains to be seen - there is anecdotal evidence that some case officers are more accommodating than they should be.

 

Best regards.

[sunnyboi]

What if, one realizes this mistake before the CO is allocated and uploads the necessary documents(1023) and explains the situation well-in advance?

[Adam Grey]

What if, one realizes this mistake before the CO is allocated and uploads the necessary documents(1023) and explains the situation well-in advance?

 

Doesn't matter, it's still a refusal if you cannot meet the points total you were invited at. The criteria was designed to stop people over-inflating their EOIs to gain an advantage and there's no allowance for error. It's very important to check, double check, even triple check before pressing the submit button.

[sunnyboi]

Doesn't matter, it's still a refusal if you cannot meet the points total you were invited at. The criteria was designed to stop people over-inflating their EOIs to gain an advantage and there's no allowance for error. It's very important to check, double check, even triple check before pressing the submit button.

 

My doubt was after the EOI submission. The EOI submission is correct, but while filling the visa, there were errors w.r.t. to either education or employment. If the 1023 is sent out before the CO is allocation explaining the error, how would the case proceed?

[Adam Grey]

It really depends on what type of errors we're talking about. If for example the EOI submission was correct but when making the actual visa application the applicant entered the wrong qualification type or a wrong employment date, then yes this can likely be rectified with an explanation through the form 1023. Again, it's important to check thoroughly before submitting to avoid such mistakes.

[sunnyboi]

It really depends on what type of errors we're talking about. If for example the EOI submission was correct but when making the actual visa application the applicant entered the wrong qualification type or a wrong employment date, then yes this can likely be rectified with an explanation through the form 1023. Again, it's important to check thoroughly before submitting to avoid such mistakes.

 

The problem is mainly with the employment. Didn't realize that I should have chosen "not relevant" for the deducted years by ACS and end up choosing all employment history as relevant, since I had no clue that it should be separated that way. Also, my occupation is relevant to what ACS gave a positive to. Realized this after 2 months of applying and also read 1 guy got rejected since he overclaimed in EOI as well. Quickly filled form 1023 and have uploaded. No CO yet..

[Adam Grey]

In the EOI did you claim the employment as 'not relevant'?

[sunnyboi]

In the EOI did you claim the employment as 'not relevant'?

 

Didn't claim any points for employment. Here's how my EOI looks.

[Ozmaniac]

Here's some news! Monk has just posted saying that they have just been granted their visa after overclaiming points. Their CO emailed them from Brisbane saying they had claimed 70 points instead of 60 but that it was a genuine error and the visa was being granted in spite of the overclaim. Here's the post:

http://www.pomsinoz.com/forum/migration-issues/217151-sos-not-recognising-full-work-experience-sos-2.html#post1936578507

[Guest]

We are nice guys in Brisbane...

[Adam Grey]

Here's some news! Monk has just posted saying that they have just been granted their visa after overclaiming points. Their CO emailed them from Brisbane saying they had claimed 70 points instead of 60 but that it was a genuine error and the visa was being granted in spite of the overclaim. Here's the post:

http://www.pomsinoz.com/forum/migration-issues/217151-sos-not-recognising-full-work-experience-sos-2.html#post1936578507

 

The regulations are extremely clear on this, the assessed score cannot be less than the score at the time of invitation. It doesn't matter if it was a genuine error or not. There is no regulation or policy stating a case officer can use discretion in this matter, it is black and white. If people read a post like this and assume there is some get out clause for genuine errors they're going to be in for a shock.

 

If this has happened as claimed (I say 'if' because people often misinterpret what has actually happened) the case officer has completely ignored their own regulations. While I'm sure Monk is extremely happy with it, I find it quite worrying that the officer believes they have the authority to change the law to suit their own judgement.