Ozbound15 Posted March 19, 2014 Share Posted March 19, 2014 Hi Everyone, Me and my family have applied for a skilled 189 visa, however due to a mistake it now looks set to be rejected. Before submitting the EOI I had my skills assessed by Engineers Australia to use for the application. This is where the problem lies. It transpires that Engineers Australia did there own skills assessment to allow me to be a member, but this is not the same as a skills assessment for migration. After applying for the visa and paying the fee, or case officer pointed this issue out and highlighted that the application would likely fail. I contacted Engineers Australia and got a proper skills assessment, though they could not provide it for my skills as a mechanical engineer, but instead a engineering technologist. Both of these are on the skilled occupation list but it is too little too late. Our CO has emailed to say that my skills assessment does not agree with my EOI, as the skills assessment letter was granted after the EOI, and the job title was different. We have now been given 7 days to decide to withdraw the application or not, but the CO has stated that we are in breach of the regulations. We are going to withdraw the application as we do not want to get barred from re applying. The cost of the application has been $7,000 and it seems horrible that we stand to lose this, only to reapply straight away with a small amendment and pay the same fee again!! Any help and advice would be much appreciated, as time is running out Has anyone had refunds recently??? Thanks Link to comment Share on other sites More sharing options...
wrussell Posted March 19, 2014 Share Posted March 19, 2014 Hi Everyone, Me and my family have applied for a skilled 189 visa, however due to a mistake it now looks set to be rejected. Before submitting the EOI I had my skills assessed by Engineers Australia to use for the application. This is where the problem lies. It transpires that Engineers Australia did there own skills assessment to allow me to be a member, but this is not the same as a skills assessment for migration. After applying for the visa and paying the fee, or case officer pointed this issue out and highlighted that the application would likely fail. I contacted Engineers Australia and got a proper skills assessment, though they could not provide it for my skills as a mechanical engineer, but instead a engineering technologist. Both of these are on the skilled occupation list but it is too little too late. Our CO has emailed to say that my skills assessment does not agree with my EOI, as the skills assessment letter was granted after the EOI, and the job title was different. We have now been given 7 days to decide to withdraw the application or not, but the CO has stated that we are in breach of the regulations. We are going to withdraw the application as we do not want to get barred from re applying. The cost of the application has been $7,000 and it seems horrible that we stand to lose this, only to reapply straight away with a small amendment and pay the same fee again!! Any help and advice would be much appreciated, as time is running out Has anyone had refunds recently??? Thanks From what you have posted your application was validly made and the minister must process it. There have been rare case where applicants have been permitted to change their nominated occupation. With the repeal of regulation 2.27B the previous decisions will have no precedential value in your case. I do not like your chances under the current regime. If you withdraw your application, or if it is refused, you will forfeit the visa application charge you have paid and you will have to reapply and pay again and the minister will cry all the way to the bank. If it is any consolation to you, I see cases every week where DIY applicants or applicants represented by unregistered agents make a seemingly trivial error that costs them dearly. I have never heard of a registered migration agent making a mistake of this type. For the cost of a consultation fee any registered migration agent could have warned you and had you been represented by a registered migration agent, you would have been covered by the mandatory professional indemnity insurance for a mistake of this type, or any other mistake that adversely affected you. Link to comment Share on other sites More sharing options...
KOKORO Posted March 19, 2014 Share Posted March 19, 2014 There was another recent thread about refunds, hope it helps. http://www.pomsinoz.com/forum/migration-issues/207597-withdrawing-visa-application.html Link to comment Share on other sites More sharing options...
Ozbound15 Posted March 19, 2014 Author Share Posted March 19, 2014 Thank you for your quick responses, I guess we will just have to take it on the chin and reapply with the correct information Link to comment Share on other sites More sharing options...
Quinkla Posted March 20, 2014 Share Posted March 20, 2014 The cost of the application has been $7,000 and it seems horrible that we stand to lose this, only to reapply straight away with a small amendment and pay the same fee again!! I know this will hurt. But, if it is any consolation, it is a drop in the bucket of the overall costs of emigration. Everyone ends up dropping money somewhere along the way. I lost GBP3,000 selling a car in a hurry and $6,000 buying a wreck of a car when I first arrived. I sold or abandoned many things I wish I hadn't, whilst wasting shipping space on stuff that I could never have needed in Australia. Even the difference in exchange rate between when I moved (2010) and now would mean I got $4,000 less when I moved my bank balance. Honestly, don't sweat the details, just look at the final bill and decide (hopefully) that it was worth it in the long run. Link to comment Share on other sites More sharing options...
Rupert Posted March 20, 2014 Share Posted March 20, 2014 Agree with Quinkla, you just have to wear it and get over it as the situation is not recoverable now. We all lose money from time to time on all kinds of things. C'est la vie. Link to comment Share on other sites More sharing options...
kayinperth Posted March 20, 2014 Share Posted March 20, 2014 One of my workmate had a similar situation. In his case, he hadn't been asked "withdraw", and received a "refused" letter, so he lost all cost after waiting 12 months. Due to rejected the visa application, he has to go out from Aus to put new application (he was told once your application is cancel/refused, you can only apply from offshore). He now needs travel fee for whole family (wife and two kids) and another visa fee including medical etc... Also put MRT for staying in Aus, it cost another $1500 or something... Not cheap at all, but leave visa issue on your record will cost more in your future/visa. Link to comment Share on other sites More sharing options...
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