RebekahMorris Posted March 17, 2014 Share Posted March 17, 2014 Hi guys, my nightmare continues! Had an email this morning telling me that I needed to either upload my skills assessment now or withdraw application as it would be refused without the skills assessment! The assessment don't come back till end if May at the earliest ! Does anyone know if you get your money back if you withdraw your application? Brief history to explain nightmare ... Applied for visa subclass 286 as direct entry on Jsnuary 31st 2014, nomination was at beginning of January! No skills assessment as advised I rugby need one! Sponsors then advised 5 days later that I did need skills assessment! Hence mad panicky I get one before visa granted! Until this email this morning ! Help ... Any advice gratefully received! Gutted at the mo! Link to comment Share on other sites More sharing options...
RebekahMorris Posted March 17, 2014 Author Share Posted March 17, 2014 Subclass 186 that's supposed to read ! Link to comment Share on other sites More sharing options...
lebourvellec Posted March 17, 2014 Share Posted March 17, 2014 You have no choice but withdraw your application, as your application will be refused. Having a positive skills assessment is a requirment at time of application not after. You don't want a refusal on your record. Skills assessments are not required for 186 if you have worked for your employer for 2 years on a 457 visa if not you require skills assessment and 3 years of work experience. Generally you do not get refunds - but as you didn't have the required skills assessment your application is invalid therefore you might get one? Link to comment Share on other sites More sharing options...
ozlander Posted March 17, 2014 Share Posted March 17, 2014 Just ask your CO if he/she can provide extra time. By the way if you acknowledge the skills assesment association about your visa time boundary, they will speed up the process Link to comment Share on other sites More sharing options...
lebourvellec Posted March 17, 2014 Share Posted March 17, 2014 Just ask your CO if he/she can provide extra time. By the way if you acknowledge the skills assesment association about your visa time boundary, they will speed up the process You must hold a positive skills assessment at time of application if going down the direct entry route - this is part of the migration regulations - if do not hold one that is dated before application was lodged the application must be refused. Link to comment Share on other sites More sharing options...
ozlander Posted March 17, 2014 Share Posted March 17, 2014 My bad.. sorry I remember someone saying that ACS speed up processes if you have time limitation. But it doesnt apply in this case Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 17, 2014 Share Posted March 17, 2014 Lebourvellec is correct, you're much better to withdraw your application vs. having a refused visa on your record. Unfortunately it's very unlikely you will get your money back. Providing the skills assessment late isn't the issue, it's the fact that you had it done after the visa was lodged and it must be done prior to submitting the visa. Link to comment Share on other sites More sharing options...
Rupert Posted March 17, 2014 Share Posted March 17, 2014 Hi guys, my nightmare continues! Had an email this morning telling me that I needed to either upload my skills assessment now or withdraw application as it would be refused without the skills assessment! The assessment don't come back till end if May at the earliest ! Does anyone know if you get your money back if you withdraw your application? Brief history to explain nightmare ... Applied for visa subclass 286 as direct entry on Jsnuary 31st 2014, nomination was at beginning of January! No skills assessment as advised I rugby need one! Sponsors then advised 5 days later that I did need skills assessment! Hence mad panicky I get one before visa granted! Until this email this morning ! Help ... Any advice gratefully received! Gutted at the mo! I am afraid you need to withdraw your application and I believe you are going to lose your visa application fee. They are asking you to load one now, but it does need to be one dated earlier than your visa application. So even if you got one in the post tomorrow it isn't going to help you. As has been said, you really need to withdraw the application rather than have a visa refusal on your record. Many countries ask people travelling if they have ever had a visa refusal and you really don't want to have to keep explaining this for the rest of your life. Withdraw your application and if you used an agent for this, then hopefully they will cough up for another application on account of this most basic error.. Link to comment Share on other sites More sharing options...
wrussell Posted March 17, 2014 Share Posted March 17, 2014 See: http://www.comlaw.gov.au/Details/F2012L01283 for the rules about 186 skills assessment exemptions. The application was assessed as valid, otherwise it would not have been processed. Link to comment Share on other sites More sharing options...
RebekahMorris Posted March 18, 2014 Author Share Posted March 18, 2014 Many thanks everyone! Think I will have to accept that I have lost over 3 grand! Gutted doesn't come close! Thank you wrussell unfortunately this doesn't apply to me though I am Awaitingskillsassessment from the ANMAC Link to comment Share on other sites More sharing options...
KOKORO Posted March 18, 2014 Share Posted March 18, 2014 Hi, My situation seems similar to yours. When I originally applied for a 189 visa I was wrongly advised what I should put as my level of education by the recruitment consultant who arranged my job in Australia, and when this came to light my Case Officer contacted me saying I had to withdraw or risk being turned down as I no longer had enough points. As soon as I found out I didn't have enough points I took the IELTS test which gave me 10 more points than the original application, but I still needed to withdraw and re-apply as they will only base your application on the information stated on the initial Expression of Interest. When withdrawing my application I requested a refund and sent in copies of old emails showing how I had been wrongly advised by the recruitment company, and around a week later they contacted me to say they will give a refund. It takes up to 12 weeks to received the refund though! If you read through all the information on the Immi website it does say that you will get a refund if the application was mistakenly made, so I suggest you send as much information as you can to back this up. Good Luck! Link to comment Share on other sites More sharing options...
Tickled Pink Posted March 18, 2014 Share Posted March 18, 2014 You must hold a positive skills assessment at time of application if going down the direct entry route - this is part of the migration regulations - if do not hold one that is dated before application was lodged the application must be refused. Can I just make a slight addition/amendment to this - just in case there are people reading this thread that it applies to. There are a few occupations where a skills assessment is not required on the direct entry route. Certain exemptions are available for people in specific roles - the description of these can be found in booklet 5, under skills assessment exemptions. My husband was exempt, as would I have been had I been the main applicant. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.