craigyboy Posted March 7, 2013 Share Posted March 7, 2013 (edited) KiKi Edited April 15, 2013 by craigyboy Quote Link to comment Share on other sites More sharing options...
Aston Ks Posted March 7, 2013 Share Posted March 7, 2013 You should sue your agent, rule says: your experience related to the profession for which you applied will be accepted, and I'm pretty sure if you used a MRA agent, he should have known this. Quote Link to comment Share on other sites More sharing options...
Rossmoyne Posted March 7, 2013 Share Posted March 7, 2013 Sorry to hear your visa has been declined Craigyboy. But please remember, just because you apply for a visa to live and work in Australia, it doesnt mean that you will be granted a visa. If however you feel your application has not been looked at favourably, you do have the right to make an application to the Migration Review Tribunal. Quote Link to comment Share on other sites More sharing options...
Agibb83 Posted March 7, 2013 Share Posted March 7, 2013 very sorry to hear that craigyboy, i was going to be applying for the 190 visa because i have been a carpenter from 2004 however my certs were dated 2008 (even tho i was time served in 2004) i only applied for them in 2008 that is when they dated them, at this point in time my agent stepped in and notified me this would be flagged up and he didnt see any way of this being excepted , at this pont we changed from the 190 and went to the 489 which gave us the extra pointa we needed ( we have not got ours granted yet but we made the changes necessary before we lodged the visa app) i think you may have to be asking your agent questions. :-( Quote Link to comment Share on other sites More sharing options...
bubbe2005 Posted March 7, 2013 Share Posted March 7, 2013 possibly work with another MARA and appeal the decision - if that's at all possible? Quote Link to comment Share on other sites More sharing options...
zk2102 Posted March 7, 2013 Share Posted March 7, 2013 Sorry Craigyboy. Dont have any advise to give you, just sad to read your post Hope someone else can offer you some positive advise on your options. x Quote Link to comment Share on other sites More sharing options...
carol Posted March 7, 2013 Share Posted March 7, 2013 (edited) So sorry to read your sad news. I know if it happened to me i'd have a few days of tears. Hope you manage to find away to Aus Cx Edited March 7, 2013 by carol Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted March 7, 2013 Share Posted March 7, 2013 Sorry to hear what has happened. But I dont think that the 189 visa has review rights, as you have applied offshore and are not sponsored. Your migration agent should be able to confirm this. If I remember you wanted to go to Perth, so if your sister in law is able to sponsor you for the 489 you will still be able to go and work in Perth, you dont have to live and work in the same Regional Area as your Family Sponsor. Quote Link to comment Share on other sites More sharing options...
blossom Posted March 7, 2013 Share Posted March 7, 2013 That is not nice at all. Was your agent mara registered? It sounds like they have wasted you a lot of time and effort when they should have known better. Quote Link to comment Share on other sites More sharing options...
Rupert Posted March 7, 2013 Share Posted March 7, 2013 Very sorry to hear this, did you need those experience points to make up 60 or can you get there without them? Pre qualification experience is a grey area for us amateurs and your agent should have been very certain about this and explained properly any risks you were taking with the application. Did they? Did you get the 28 days "right to reply"? They usually give notice before a refusal. I don't think you have appeal rights, I would not use them anyway, takes too long. Console yourself with some wine tonight. Then tomorrow you pick yourself up and you start again. Australia will be here waiting for you. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted March 7, 2013 Share Posted March 7, 2013 My application for 189 was refused today. Reason, I am being told is that my prior to graduation work experience is not been accepted despite being a director for 10 years. I have led my wee family on a merry dance and let them down spectacularly. I'm heartbroken writing this post and dreading breaking the bad news to my wife and kids, there hearts will be broke tonight when they return home. I need 5 points as my points have been reduced by 10. what have I done!!! My agent told me my experience and MSc qualification were enough, despite vetaases early in the year refusing to acknowledge my prior experience, but accepting my post graduation. I was assured that DIAC has the last word and my level of prior graduation experience was high. I have a sister in law who would sponsor us as she lives in a regional area of Queensland. To be honest I'm 2k up the spout and really don't feel I have the will to pick myself up and apply. What a mess I've got tears rolling down my face, I'm supposed to be a grown man!!! Pre qualification employment experience is a tricky one as you must show that the employment experience was “skilled”. To claim pre qualification employment experience, in most cases you will need a number of years working in an occupation before it is considered “skilled”. The years working up to becoming skilled do not count towards employment points. Depending on your occupation, a Subclass 190 may be an option. Quote Link to comment Share on other sites More sharing options...
craigyboy Posted March 7, 2013 Author Share Posted March 7, 2013 Pre qualification employment experience is a tricky one as you must show that the employment experience was “skilled”. To claim pre qualification employment experience, in most cases you will need a number of years working in an occupation before it is considered “skilled”. The years working up to becoming skilled do not count towards employment points. Depending on your occupation, a Subclass 190 may be an option. Unfortunately, I am a land economist and no state wants to sponsor, despite being a sol 1 occupation. I am amused what the DIAC think my job role was before graduation. Particularly, as the work flow now because of the real estate slump requires much less experience than what I undertook prior to graduation. On a positive note I have launched a 489 EOI tonight. However, could anyone tell me the next round of application that could be called forward is due with EOI? My issue is with most people money is tight and I don't know if the DIAC will refund the 2k. Can I also thank you all for your kind words. They are greatly appreciated. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted March 7, 2013 Share Posted March 7, 2013 Unfortunately, I am a land economist and no state wants to sponsor, despite being a sol 1 occupation. I am amused what the DIAC think my job role was before graduation. Particularly, as the work flow now because of the real estate slump requires much less experience than what I undertook prior to graduation. On a positive note I have launched a 489 EOI tonight. However, could anyone tell me the next round of application that could be called forward is due with EOI? My issue is with most people money is tight and I don't know if the DIAC will refund the 2k. Can I also thank you all for your kind words. They are greatly appreciated. Next round of invitations are on the 18th March - just missed the last one on the 4th of March. http://www.immi.gov.au/skills/skillselect/ Under Reports... Quote Link to comment Share on other sites More sharing options...
craigyboy Posted March 7, 2013 Author Share Posted March 7, 2013 Next round of invitations are on the 18th March - just missed the last one on the 4th of March. http://www.immi.gov.au/skills/skillselect/ Under Reports... Thanks Labourvellec, do you think I may have a chance of getting a refund from DIAC? How do I go about it? I will be over 45 before I am eligible for PR after the 2 years. Will I lose further points because of that? Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted March 7, 2013 Share Posted March 7, 2013 Thanks Labourvellec, do you think I may have a chance of getting a refund from DIAC? How do I go about it? I will be over 45 before I am eligible for PR after the 2 years. Will I lose further points because of that? I don't think you will be able to get a refund, sorry. The eligibility for the 887 doesn't have anything to do with points or age. You need to live in Designated Regional Australia for 2 years and work full-time for 1 year. Either primary or secondary applicant on the 489 can be primary applicant on 887. http://www.immi.gov.au/skilled/general-skilled-migration/887/eligibility-applicant.htm Quote Link to comment Share on other sites More sharing options...
vcosta Posted March 7, 2013 Share Posted March 7, 2013 Hi Craigyboy, really sorry to hear your news. I know it is awful to lose the money and worse to lose the time you have invested, but there is always another way to get what you want. You can do it. We're all routing for you! Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 8, 2013 Share Posted March 8, 2013 My application for 189 was refused today. Reason, I am being told is that my prior to graduation work experience is not been accepted despite being a director for 10 years. I have led my wee family on a merry dance and let them down spectacularly. I'm heartbroken writing this post and dreading breaking the bad news to my wife and kids, there hearts will be broke tonight when they return home. I need 5 points as my points have been reduced by 10. what have I done!!! My agent told me my experience and MSc qualification were enough, despite vetaases early in the year refusing to acknowledge my prior experience, but accepting my post graduation. I was assured that DIAC has the last word and my level of prior graduation experience was high. I have a sister in law who would sponsor us as she lives in a regional area of Queensland. To be honest I'm 2k up the spout and really don't feel I have the will to pick myself up and apply. What a mess I've got tears rolling down my face, I'm supposed to be a grown man!!! Seeking a 'points assessment' from VETASSESS was a mistake. The criteria and policies about crediting work experience points are very complex and complicated and vary with the phases of the moon. It might well be that your agent made a correct assessment, but the minister's delegate thought otherwise. Notwithstanding what you might have been told, the refusal decision is reviewable on the merits at the MRT and in a Federal court on a point of law, if there is one, but there is little point in applying for a review of a doomed application. Best of luck with whatever you decide to do. Quote Link to comment Share on other sites More sharing options...
craigyboy Posted March 8, 2013 Author Share Posted March 8, 2013 Seeking a 'points assessment' from VETASSESS was a mistake. The criteria and policies about crediting work experience points are very complex and complicated and vary with the phases of the moon. It might well be that your agent made a correct assessment, but the minister's delegate thought otherwise. Notwithstanding what you might have been told, the refusal decision is reviewable on the merits at the MRT and in a Federal court on a point of law, if there is one, but there is little point in applying for a review of a doomed application. Best of luck with whatever you decide to do. I think you are right about the points test. However, should my migration agent not have advised don't seek!!!! Can I ask what MRT stands for ? The sad fact is I have taken the advise of a MARA agent and lost 2k. Money is tight, I will have to see how I can scrape together 2k for another application on a 489 family sponsored. Anyone know what the guidelines are saying about waiting time for a case officer allocation on a 489 family sponsored visa? I have 65 points with this route, so could be called forward on the 18th as all my documents are uploaded a full application could be lodged soon after. Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted March 8, 2013 Share Posted March 8, 2013 Sorry to hear this Craigyboy, its ok to cry, I would have been doing the same if ours was refused. Could I suggest before you rush in to another application, sit down, discuss it with a few agents and maybe even change your current agent if you think they gave you wrong advice. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted March 8, 2013 Share Posted March 8, 2013 Migration review tribunal. Within 10 weeks for CO for 489 family sponsored. http://www.immi.gov.au/skilled/general-skilled-migration/estimated-allocation-times.htm Quote Link to comment Share on other sites More sharing options...
craigyboy Posted March 8, 2013 Author Share Posted March 8, 2013 (edited) Migration review tribunal. Within 10 weeks for CO for 489 family sponsored. http://www.immi.gov.au/skilled/general-skilled-migration/estimated-allocation-times.htm I take it I am priority group 4 so another 10 weeks, what a joke. Thanks lLabourvellec for the fast info. I think I will put me head in the oven today . The thought of waiting another 3 months is unbearable. I actually feel depressed today. I'm looking out my window thinking what could have been!!! Any visas going for Afghanistan, maybe they will take a highly skilled professional with two MSc degrees and one an MBA and give him a chance. I travelled the country to get a band 8, and the system changed. I had the chance of state sponsorship and 2 days before I lodged they took my occupation of the list. Maybe someone is trying to tell me something. It's pathetic, but I actually feel sorry for myself today. I can't shake how upset I feel about how much time and effort I've put into going to oz. this oz dilema is not healthy for me or my family. The kids were upset last night, the wife is trying to be supportive. I'm supposed to be the dad, protector and I'm in bits. Edited March 8, 2013 by craigyboy Quote Link to comment Share on other sites More sharing options...
Diana P Posted March 8, 2013 Share Posted March 8, 2013 I take it I am priority group 4 so another 10weeks, what a joke. Thanks lLabourvellec for the fast info. I think I will put me head in the oven today . The thought of waiting another 3 months is unbearable. I actually feel depressed today. I'm looking out my window thinking what could have been!!! Any visas going for Afghanistan, maybe they will take a highly skilled professional with two MSc degrees and one an MBA and give him a chance. I travelled the country to get a band 8, and the system changed. I had the chance of state sponsorship and 2 days before I lodged they took my occupation of the list. Maybe someone is trying to tell me something. It's pathetic, but I actually feel sorry for myself today. I can't shake how upset I feel about how much time and effort I've put into going to oz. this oz dilema is not healthy for me or my family. The kids were upset last night, the wife is trying to be supportive. I'm supposed to be the dad, protector and I'm in bits. Really sorry to hear that Craigyboy. You are have a pretty **** time of it. At least you have a family member willing to take on the responsibility and sponsor you guys. That's a bit of hope you have to cling to. Does your wife work? Is there no chance of going through her occupation? Best of luck Quote Link to comment Share on other sites More sharing options...
Candygirl Posted March 8, 2013 Share Posted March 8, 2013 Hon, it's OK to get upset. I am so so sorry for you and wanted to send you a big :hug: Sometimes this process can be absolute pants!!:mad: You have been given some good advice (wish your agent could have done the same), so let's hope it will put you in good stead to make your wish of getting Down Under a reality. We are waiting on a decision for a 489 FS to WA. Your family sponsor does not have to live in the same state, just in a designated area (postcodes are on the DIAC website). Melbourne, Adelaide, Darwin and Perth are classed as designated areas for 489 FS visas, so gives you a few to choose from. We want to live in Perth, but our sponsor lives in Queensland. To save you a bit of time, we also uploaded the following from our sponsor: birth and marriage certs of all family members; Citizenship certificate Family tree; Utility bills; Rates notice; Stat Dec of Sponsor https://www.immi.gov.au/skills/skillselect/index/pdf/sponsor-declaration-489.pdf (this is the blank form that we used) Wishing you the very Best of Luck and keeping everything crossed for you Lorraine x Quote Link to comment Share on other sites More sharing options...
craigyboy Posted March 8, 2013 Author Share Posted March 8, 2013 Hon, it's OK to get upset. I am so so sorry for you and wanted to send you a big :hug: Sometimes this process can be absolute pants!!:mad: You have been given some good advice (wish your agent could have done the same), so let's hope it will put you in good stead to make your wish of getting Down Under a reality. We are waiting on a decision for a 489 FS to WA. Your family sponsor does not have to live in the same state, just in a designated area (postcodes are on the DIAC website). Melbourne, Adelaide, Darwin and Perth are classed as designated areas for 489 FS visas, so gives you a few to choose from. We want to live in Perth, but our sponsor lives in Queensland. To save you a bit of time, we also uploaded the following from our sponsor: birth and marriage certs of all family members; Citizenship certificate Family tree; Utility bills; Rates notice; Stat Dec of Sponsor https://www.immi.gov.au/skills/skillselect/index/pdf/sponsor-declaration-489.pdf (this is the blank form that we used) Wishing you the very Best of Luck and keeping everything crossed for you Lorraine x You know what I just love u guys: when your down, there is always poms in oz to pick you up. Thanks for all your support. It's is greatly appreciated Quote Link to comment Share on other sites More sharing options...
colinmaclec Posted March 8, 2013 Share Posted March 8, 2013 Sorry to hear about your bad news. I am sure you will get the regional sorted and get here in the end. Its not easy that's for sure. Quote Link to comment Share on other sites More sharing options...
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