leeroybrown

189 Visa refused

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leeroybrown    10

Hi everyone, a newbie here to this forum and forums in general so bear with me!

 

My fiance and I applied for a 189 visa (her as a defacto) on 3rd Feb 2014 as an Architect from being on a 457 in Brisbane for the last 2.5 years. I had my skills assessed through AACA, had meds etc. Without any further correspondence until today (25th March 2014) I have been refused a visa based on the basis that I have provided an incorrect skills assessment.

 

Now, apparently, the AACA have two different kinds of skills assessment - one that is for use as registration of an architect and one that is for the purpose of migration. I had no idea of this at the time and applied assuming that there is only this form of skills assessment. After my refusal, which both my fiance and I feel completely distraught about, I contact the AACA and they explained that if I sent them a stat dec stating why I needed the other certificate, they would send out the correct one.

 

My problem is that my CO has 'finalised' the application and my EOI has been removed. The CO stated that as there was no valid skills assessment at the time the application was lodged then they can do no more on the visa apart from refuse it and finalise it. I have had no request for information during this process - if I had, then I could have supplied this, or withdrawn the application. As it stands I have lost the application fee, and either face a tribunal which will cost $1600 or re-apply for another visa with the correct skills assessment certificate which will cost another $4000 which we simply cannot afford as we have our wedding this year.

 

Can anybody help with any advice? Is it worth to go to a tribunal with what I have described, providing I receive the correct skills assessment letter dated back when I received the other one? Could this situation be changed and not even go to a tribunal if I can get this information to my CO?

 

My fiance and I are completely floored by this news and can't believe that something like this can happen without any correspondence from them in the interim.

 

If anybody requires more info, just ask and I will let you know what I can. Any advice would be appreciated - especially advice which won't cost us any more money!

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blossom    3,078

Unfortunately your co could do nothing else. They are the rules. Going to the mrt is useless as you didn't fit the basic criteria at time of application.

 

I know they are expensive, but this is why so many people use migration agents, as there are stupid little oddities which can trip you up.

If I were you I'd just apply again.

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Rupert    1,311

I am surprised you did not get any contact before the refusal to be honest, because there was always the possibility you simply attached the wrong document and really had the correct skills assessment in your possession all along? Is skills assessment very similar to whatever assessment you did have? If so and if AACA were willing to back date a skills assessment letter on that basis, you might have just swung it, would they have backdated it?

 

Also are you sure you did not get forewarning? And was this latest correspondence definitely the refusal, not notice of refusal? Note that withdrawing an application would not have resulted in money back, it just would save you the record of having had a visa refusal. That will be a pain in the butt now forever more now as you will have to keep declaring it when you travel and will get pulled over to explain etc.

 

I certainly would not consider an MRT unless you can come up with a skills assessment that pre dates your EOI. Even then I would only consider that if you take some professional help, MRT is not a do it yourself area.

 

If you don't have and cannot get a skills assessment that predates your EOI, then you need to take this on the chin. Unfortunately we all lose money on something at some point in our lives and this could be it for you. Pick yourself up, dust yourself down and try again.

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leeroybrown    10
I am surprised you did not get any contact before the refusal to be honest, because there was always the possibility you simply attached the wrong document and really had the correct skills assessment in your possession all along? Is skills assessment very similar to whatever assessment you did have? If so and if AACA were willing to back date a skills assessment letter on that basis, you might have just swung it, would they have backdated it?

 

Also are you sure you did not get forewarning? And was this latest correspondence definitely the refusal, not notice of refusal? Note that withdrawing an application would not have resulted in money back, it just would save you the record of having had a visa refusal. That will be a pain in the butt now forever more now as you will have to keep declaring it when you travel and will get pulled over to explain etc.

 

I certainly would not consider an MRT unless you can come up with a skills assessment that pre dates your EOI. Even then I would only consider that if you take some professional help, MRT is not a do it yourself area.

 

If you don't have and cannot get a skills assessment that predates your EOI, then you need to take this on the chin. Unfortunately we all lose money on something at some point in our lives and this could be it for you. Pick yourself up, dust yourself down and try again.

 

Hi Rupert,

 

I have just received the correct Skills Assessment back from the AACA, my Skills Assessment body. They have backdated it to 23rd July 2013 which was the time I originally applied for the skills assessment, believing that was the one to supply to Immigration for migration purposes. I have a Stat Dec to back that up and a covering letter from the AACA which explains that the process for skills assessment for both outcomes is exactly the same process - it is just the final document which states "for migration purposes" or "for registration as an architect".

 

Surely this will prove that at the time of my EOI and visa application, I had a valid Skills Assessment. I have contacted my CO over email and she states that because it was a lawful decision, she cannot revisit the application. I have also spoken on the phone to her manager who gave me a very similar reply.

 

I find it ridiculous that something so simple, such as contacting me to request the correct document which I have shown that I can supply relatively quickly, could have been actioned and would save Immigration the time in the long run and save me another $5,200 in a new application or at least $1,600 in MRT fees plus legal fees!

 

Is there nobody that will use some common sense rather than get lost in policies which are clearly flawed? Where does discretion feature in all off this? My fiancee and I are so angry about this outcome as it seems nobody can do anything about this matter, so if any of you guys are Immigration lawyers, or if you know of anyone that can help then please let us know.

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Alan Collett    2,342

It isn't an issue of flawed policies. You didn't meet the criteria set out in the legislation. The case officer cannot exercise a discretion.

 

Lodge another application - it is the quickest solution.

 

Best regards.

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joygreek    0
On 25/3/2014 at 22:45, leeroybrown said:

Hi everyone, a newbie here to this forum and forums in general so bear with me!

 

My fiance and I applied for a 189 visa (her as a defacto) on 3rd Feb 2014 as an Architect from being on a 457 in Brisbane for the last 2.5 years. I had my skills assessed through AACA, had meds etc. Without any further correspondence until today (25th March 2014) I have been refused a visa based on the basis that I have provided an incorrect skills assessment.

 

Now, apparently, the AACA have two different kinds of skills assessment - one that is for use as registration of an architect and one that is for the purpose of migration. I had no idea of this at the time and applied assuming that there is only this form of skills assessment. After my refusal, which both my fiance and I feel completely distraught about, I contact the AACA and they explained that if I sent them a stat dec stating why I needed the other certificate, they would send out the correct one.

 

My problem is that my CO has 'finalised' the application and my EOI has been removed. The CO stated that as there was no valid skills assessment at the time the application was lodged then they can do no more on the visa apart from refuse it and finalise it. I have had no request for information during this process - if I had, then I could have supplied this, or withdrawn the application. As it stands I have lost the application fee, and either face a tribunal which will cost $1600 or re-apply for another visa with the correct skills assessment certificate which will cost another $4000 which we simply cannot afford as we have our wedding this year.

 

Can anybody help with any advice? Is it worth to go to a tribunal with what I have described, providing I receive the correct skills assessment letter dated back when I received the other one? Could this situation be changed and not even go to a tribunal if I can get this information to my CO?

 

My fiance and I are completely floored by this news and can't believe that something like this can happen without any correspondence from them in the interim.

 

If anybody requires more info, just ask and I will let you know what I can. Any advice would be appreciated - especially advice which won't cost us any more money!

Hello leeroybrow,

I am very sorry to hear what happened to you! I am an architect and going to submit my EOI, and your story scares me alot. 

Could you please tell me what was the outcome and if you have applied (and finally being granted) a new visa?

I am currently sponsored as 'Architect' but and I am not yet a registered Architect here in Australia (therefore my position on my letter of employment does not state 'Architect'); also, I have the AACA assessment stage 1 'for migration purpose'.

May I ask what position you were at the company that sponsored you (the same that you should have used in the visa application)? 

I am starting to be a bit confused whether I can apply for 189 visa as an Architect (and claiming 5 point for +1 year OZ employement), not being technically an australian registered one yet.

Any suggestion would be greatly appreciated.

Thanks,

Edited by joygreek

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