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cindy2013

Incorrect information on EOI and Application

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Hi everyone,

I'm really desperate for some answers for my problem from the more experienced members of the forum so I'd really appreciate your help.

 

My husband updated his EOI with the Australian Computer Society skills assessment results on Oct 18 and we got an invite on Oct 20 since the points calculated were 75. We put in our application on Oct 21 and paid the fees as well.

 

The next day while going through the ACS assessment for some reason, we realised that the assessment was a bit ambiguous and they had actually not given him the points for ALL of his work experience which would reduce our points score to 65 now. As of now, although it was inadvertent, it looks like we have overestimated our points on both the EOI and the application.

 

I was trying to find out what to do and some of the forum posts say that they can cancel our application and ban us from applying for the next few years. We do not have a case officer yet but it was an honest mistake. Who do we contact regarding this?

 

Do we:

1) Fill out a change in circumstances form and attach it with the application

2) withdraw the application (will we get a refund?) and reapply after correcting the details on the EOI?

 

We are both at our wits end since my current visa expires in Jan 2014 and I need to have the bridging visa to continue working here!

 

Can someone please help?

 

Many thanks!

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You need to

Contact them

ASAP it's a automatic fail if the points are wrong


190 state sponsorship WA

visa submitted 13/09/13 waiting CO

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So do you have the work experience or not? Remember that it is not ACS that will decide your work experience, the immigration department will do this and they may or may not agree with ACS. Of course it is not a good sign that ACS think you have less than you think you do. So firstly what do you think about your work experience claimed?

 

If you cannot prove you have the points you say you have, then I am afraid it will be a visa decline and no I do not believe you will get your money back, even if you withdraw the application now. I cannot think of any reason why you would be banned from applying again though, it is not a fraudulent application after all, it would just be a failed application.

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I fear this is a failed application with the loss of the Visa Application Charges paid to the Department of Immigration.

 

Overclaiming skilled work experience is the most risky element of a general skilled visa application these days due to the requirement for case officers to fail an application where points claimed in the EoI are higher than those assessed by the case offcer.

 

Where there is doubt - and particularly where there is a deadline to meet - it is prudent to take professional advice. I know some don't like to hear this on a migration advice forum, but the consequences of getting it wrong can be majorly problematic and costly.

 

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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You might not be dead yet.

The opinion of the ACS is not conclusive.

It is a matter for the DIBP case officer to award points.

It is sufficient that you were undertaking 'closely related' work.

I have managed to make a case for several applicants in a position similar to yours - see my posts.

You might want to consult a registered migration agent for an opinion.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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