tooshort Posted December 5, 2013 Share Posted December 5, 2013 Hi All, My girlfriend and I are currently on a Working Holiday Visa. This is ending on 8 December. Last week, we submitted an EOI for a family nominated Regional sponsored visa (489). We have enough points, and she had applied for her skills test 12 weeks ago so in the EOI we inputted the ref no we got from the accreditation board and the date that we applied for the skills assessment. We got the invitation last Sunday, and have been waiting anxiously for the skills assessment to be completed so we could go ahead with our application. We received the E-mail from the accreditation board today stating the skills assessment was complete. SUCCESS! Or so we thought. My girlfriend rang immigration today and they told her that because our invitation pre-dates our skills assessment result, when we apply we will be rejected, as this was an invalid invitation. I don't want anyone replying to this thread to post links to the immigration page or large chunks of text where it states that this is the case. What I want to know is 1. Should we go ahead with the application and play dumb and 2. Is there any chance it will go through, as we now have everything required. Has anybody else had this experience and can they offer any advice? :arghh: Quote Link to comment Share on other sites More sharing options...
petitescargot Posted December 5, 2013 Share Posted December 5, 2013 The points claimed when you submit your EOI must be for qualifications, skills assessments etc that you hold at the time of submission. By continuing with your application you stand a high chance of it being refused and loosing your visa application fee and ignorance can't be used as an excuse. You'll need to let your EOI lapse and then resubmit it. Quote Link to comment Share on other sites More sharing options...
tooshort Posted December 5, 2013 Author Share Posted December 5, 2013 I would have done this without hesitation if there were more invitations being issued, but they have now stopped invites for the 489 visa indefinitely, so there's no telling when we will get an invite again. I'm still interested to see if there has been anyone who progressed with the visa in this case and was granted it. Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted December 5, 2013 Share Posted December 5, 2013 The visa application will be 100% refused. There is no possible way under the regulations that would allow it to be granted as it clearly states that at the time of invitation the applicant must hold a positive skills assessment. If you apply your application will be rejected and you will not receive a refund of the visa application charge. I understand there is now invitation restrictions on family sponsored 489 visas, but you simply do not have a choice here. Hope this helps, Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 5, 2013 Share Posted December 5, 2013 Hi All,My girlfriend and I are currently on a Working Holiday Visa. This is ending on 8 December. Last week, we submitted an EOI for a family nominated Regional sponsored visa (489). We have enough points, and she had applied for her skills test 12 weeks ago so in the EOI we inputted the ref no we got from the accreditation board and the date that we applied for the skills assessment. We got the invitation last Sunday, and have been waiting anxiously for the skills assessment to be completed so we could go ahead with our application. We received the E-mail from the accreditation board today stating the skills assessment was complete. SUCCESS! Or so we thought. My girlfriend rang immigration today and they told her that because our invitation pre-dates our skills assessment result, when we apply we will be rejected, as this was an invalid invitation. I don't want anyone replying to this thread to post links to the immigration page or large chunks of text where it states that this is the case. What I want to know is 1. Should we go ahead with the application and play dumb and 2. Is there any chance it will go through, as we now have everything required. Has anybody else had this experience and can they offer any advice? :arghh: Playing dumb will not get around the requirements. Your visa application will be refused if you apply. Don't even think about it. Quote Link to comment Share on other sites More sharing options...
tooshort Posted December 5, 2013 Author Share Posted December 5, 2013 (edited) Thanks for the info. After reading this and the immigration website, we have decided to leave the invitation expire and (hopefully) get invited again down the line. One question though, can we go in and edit our EOI now after we let this invitation expire? Or do we have to wait two years until they remove the EOI off the system? Edited December 5, 2013 by tooshort Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted December 5, 2013 Share Posted December 5, 2013 You won't have to wait two years, it should give you the option to edit/withdraw/suspend when the invitation expires. All the best, Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted December 6, 2013 Share Posted December 6, 2013 I would have done this without hesitation if there were more invitations being issued, but they have now stopped invites for the 489 visa indefinitely, so there's no telling when we will get an invite again. I'm still interested to see if there has been anyone who progressed with the visa in this case and was granted it. As you have invite for 489 family sponsored - you Gf occupation must be in the SOL - therefore 189 visa would be an option - try gaining extra points by sitting IELTS, if it already done so. Quote Link to comment Share on other sites More sharing options...
Guest dugles Posted December 6, 2013 Share Posted December 6, 2013 As you have invite for 489 family sponsored - you Gf occupation must be in the SOL - therefore 189 visa would be an option - try gaining extra points by sitting IELTS, if it already done so. 489 Invitations are not closed ... However they reduced the number from 50 to 35. Please read the announcement on skill select page again. You can create a new EOI with all updated details and may get an invite in the coming Dec second round. Why to wait for 60 days to expire your invite???? Better to make a new EOI,,, Wait for invite meanwhile... it may happens that you may be invited prior to 60 days with new EOI. Please don't lodge an application with current invitation you have been granted with. Wait afresh invitation with NEW EOI. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 7, 2013 Share Posted December 7, 2013 Hi All,My girlfriend and I are currently on a Working Holiday Visa. This is ending on 8 December. Last week, we submitted an EOI for a family nominated Regional sponsored visa (489). We have enough points, and she had applied for her skills test 12 weeks ago so in the EOI we inputted the ref no we got from the accreditation board and the date that we applied for the skills assessment. We got the invitation last Sunday, and have been waiting anxiously for the skills assessment to be completed so we could go ahead with our application. We received the E-mail from the accreditation board today stating the skills assessment was complete. SUCCESS! Or so we thought. My girlfriend rang immigration today and they told her that because our invitation pre-dates our skills assessment result, when we apply we will be rejected, as this was an invalid invitation. I don't want anyone replying to this thread to post links to the immigration page or large chunks of text where it states that this is the case. What I want to know is 1. Should we go ahead with the application and play dumb and 2. Is there any chance it will go through, as we now have everything required. Has anybody else had this experience and can they offer any advice? :arghh: You have been incorrectly advised. If an application is invalid, the visa application charge is refunded. If an application meets the schedule 1 criteria it is a valid application. Item 1230(4) item 4© requires that the main applicant declare that they have a suitable skills assessment from the relevant assessing authority at the time they are invited to apply for a Class SP visa. This is assessed as a Schedule 2 criteria. All that is required at Schedule 1 is a declaration. From what you have posted, a visa application would be valid (would satisfy the relevant schedule 1 criteria) but would not satisfy the schedule 2 criteria and would be doomed. You would be up that well known creek with a capital F and you would forfeit your visa application charge. It can be noted that a de jure or de facto 'partner relationship' is a criterion to include a partner on a visa application and you have other possible issues. I shall not burden you or large chunks of text. May I suggest that you consult a registered migration agent for an assessment of the strategies open to you. All the best Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted December 7, 2013 Share Posted December 7, 2013 Who has he been incorrectly advised by? He was clearly told on here that the application would not succeed and that he would not receive a refund of the VAC. Your post clearly states the same. Quote Link to comment Share on other sites More sharing options...
Nwachukwu71 Posted December 7, 2013 Share Posted December 7, 2013 You best bet is to wait until your invitation expires and start all over. Chances are that you will be refused and application funds likely forfeited since you have been pre-warned. You have been incorrectly advised. If an application is invalid, the visa application charge is refunded. If an application meets the schedule 1 criteria it is a valid application. Item 1230(4) item 4© requires that the main applicant declare that they have a suitable skills assessment from the relevant assessing authority at the time they are invited to apply for a Class SP visa. This is assessed as a Schedule 2 criteria. All that is required at Schedule 1 is a declaration. From what you have posted, a visa application would be valid (would satisfy the relevant schedule 1 criteria) but would not satisfy the schedule 2 criteria and would be doomed. You would be up that well known creek with a capital F and you would forfeit your visa application charge. It can be noted that a de jure or de facto 'partner relationship' is a criterion to include a partner on a visa application and you have other possible issues. I shall not burden you or large chunks of text. May I suggest that you consult a registered migration agent for an assessment of the strategies open to you. All the best Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 7, 2013 Share Posted December 7, 2013 Who has he been incorrectly advised by? He was clearly told on here that the application would not succeed and that he would not receive a refund of the VAC. Your post clearly states the same. He claims to have been advised by the DIBP that the application would be invalid. This was incorrect. Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted December 8, 2013 Share Posted December 8, 2013 Semantics. The DIBP advised him not to make the application which is correct in this instance and has prevented him from losing thousands of dollars. The advice is sound even if the wording (stated by the poster) is technically incorrect. I could sit here and explain to the poster how my company has successfully argued and obtained refunds of the VAC for a number of people who have been in this exact situation and made the mistake of applying. Under Reg 2.12F (3) there is the provision to refund the VAC if the application was made because of a mistake by the applicant and if a written request is received, but it's a rare occurrence. The DIBP have now introduced a number of clarification notes and confirmation pages onto the online application which make a refund even more unlikely, and as they have also been advised by the the DIBP not to make the application it would be even more unlikely. From my perspective, it's easier just to say that the charge will not be refunded, which is the probable outcome but technically incorrect. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 8, 2013 Share Posted December 8, 2013 (edited) I was trying to advise that it is not a good idea to take advice from BIBP sources. The OP has stuffed up once and might do so again by taking advice from BIBP or unregistered advisers, both of which are unaccountable. If you think their is any point in telling me that I am only technically correct, have it your way. Edited December 8, 2013 by wrussell Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted December 8, 2013 Share Posted December 8, 2013 I'm not saying you're wrong, I just think you muddied the water unecessarily. The bottom line is that the application will receive a negative decision and a refund is extremely unlikely to be issued. Quote Link to comment Share on other sites More sharing options...
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