Visa 189 Refused.Query for Re-apply and cost

[cipherk]

Hello everyone,

 

I am new here and this is my first post.

 

I have applied for Visa 189 but it got refused as stated by CO for having less skilled experience than 3 yrs (I had claimed 5 points for skilled experience of 3yrs or more). Brief about my application:

 

* My assessment done by ACS had my skilled experience counted from 1 DEC 2010.

* I came to Australia on a 457 on 26th April 2013.

* I submitted my EOI on 1 DEC 2013 with 60 points (thinking my Skilled experience was 3yrs+ from 1DEC2010-1DEC2013)

* I got invite on 7th April 2014 (after waiting for nearly 5 months) and applied on 15 April 2014 with 60 Points.

 

My application got refused today stating that the skilled experience OUTSIDE AUSTRALIA was less than 3 yrs (1 DEC 2010 - 25April 2013)

 

 

So now, I have a few queries:

 

1. If someone has 2.5 yrs of experience OUTSIDE Australia and 8 months of latest Exp WORKING IN Australia on 457, is it still not valid to claim skilled experience points ? (It seems strange to me that if I was not in Australia, my application was valid and I would have got points for skilled experience)

A point to note here is that I did not claim any points for my Aus Exp.

 

2. Can I re-apply again for 189 since I am eligible now that I have more than 1 yr of Experience in Australia (that will add up to 60 again).

 

3. Would I need to pay again the application amount for me and my wife ? Is there no way I can relate to my refused application and save on having to pay EOI application cost again ($5300 is a big amount for me)

 

Appreciate your help on reading the whole lot and your advice.

 

Many thanks!!

 

--

[blossom]

I can only help on the fee part. You will need to pay again. They did process your application so there is no

way to get out of it I'm afraid.

[Rupert]

The points are for three years overseas experience. You need to have that and you did not, so I would have expected a refusal, even though I agree it is not entirely logical, but it is a clear rule.

 

You will need to start again now and pay a new fee.

[cipherk]

Hi

 

So if my Case if Refused by the Case officer. What options do I have other than:

 

1. Re-submitting a new EOI

and 2, Going to the MRT (migration review tribunal) for a review

[wrussell]

You cannot 'combine' overseas and Australian work experience to make up the required period of work experience. The applicable points can be added, up to a limit of 20 points. You could have (for example) 2 years 11 months relevant overseas work experience and 11 months Australian work experience and you would fall short by 1 month in each case and be awarded no points for work experience.

 

From what you have posted your best strategy is probably to reapply, which means you would have to pay the visa application charges again. Case officers do not as a rule, having refused a visa, disclose all the grounds upon which the visa might have been refused, so you might want to run your case past a registered migration before you commit to a further course of action.