189 visa refused... can we appeal????

[Dreaming of Noosa]

Had the devastating news tonight that out 189 visa has been refused on the grounds that:

 

1) We do not have proficient English despite being born and bred in the UK with UK passports.

 

2) My husbands work experience as a Quantity Surveyor since 2005 (9 years) does not count as work experience as he only achieved his degree in 2011. He has held a formal qualification of HND Building Studies & Commercial Management since 2008. His skills were assessed and approved by AIQS (Australian Institute of Quantity Surveyors) for our expression of interest. How can doing the same job for 9 years not be classed as relevant work experience?

 

I have read through the points based skilled migration advice notes over and over and I can't see anywhere that states that your work experience is only valid from the time you achieve your degree...

 

I am at a loss...

 

We calculated out points score as:

 

Age - 32 (30 points) honoured

English Language - proficient (10 points) 0 points awarded

Overseas employment - over 8 years in the job (15 points) 0 points awarded

Educational - degree (15 points) honoured

 

Our point calculation = 60 MINIMUM

Case Officer calculation = 45 points

 

Can we appeal? where do we go from here..... I want to cry

[blossom]

First off, did you complete the ielts?

As far as I know it's pretty standard to only count the years from when you qualified.

 

Unfortunetly if if you have been legitimately turned down then appealing will make no difference. :-(

[xxlornaxx]

On here they talk alot abt the years after u qualify only bein counted...n where are u gettin ten points for english proficiency? Did u do ielts? What basis would u appeal on? I feel for u but seems like u overlooked sum things. can u get an agents advice n reapply when u have enough points or is that nt allowed?

[Tickled Pink]

I'm afraid being born and bred in the UK does not entitle you to claim points... as others have said, the IELTS is what will get you these. Also, points start racking up post qual, thats pretty standard too..

 

I think you need to go to a MARA registered migration agent to see you through this process and to help you clearly negotiate the pathway as it seems you may be struggling a little without some additional guidance.

[wrussell]

Holding a passport of a type specified by the minister will (usually) satisfy the minister that the holder has competent English. This is enough to meet the core English language criterion for general skilled migration, but not enough to attract points.

 

There is no requirement that only work experience post-degree can be counted for points, notwithstanding that some assessing authorities assert that this is the case, and some case officers too.

 

Without passing a relevant English test with appropriate band scores and making a fresh visa application you will not be able to improve your English language points score.

 

You might want to consult a registered migration agent for a considered professional opinion about the work experience points issue, but from what you have posted, you most probably would not be able to improve your work experience points either.

 

Your decision letter should have advised you whether the decision is reviewable on the merits. BIBP opinions about this are not always correct.

 

Best of luck with whatever you decide to do.

[Alan Collett]

Yes, an IELTS test with at least 8's across all 4 bands would have secured 20 points and a pass mark for you - having a UK passport doesn't get you anywhere in a skilled visa application these days beyond the threshold competency requirement.

 

Maybe do the IELTS test and re-apply?

 

Best regards.

[Ozmaniac]

Given that the ANZSCO minimum qualification for a Quantity Surveyor is a degree and that for skills assessment, AIQS require a minimum of a degree and two years minimum experience in QS since achieving their required qualification, the earliest your husband's work experience could be counted from would be 2011 when he received his degree (or possibly even 2 years after that). As far as I can see, there is no point in appealing.

 

If you want to submit a new EOI, he should probably claim no work experience points and should instead do IELTS for Superior English which will earn him 20 points. You will however have to pay a new VAC.

[srg73]

Unfortunately it is post grad experience they require for surveyors. Stupid thing is that once out here it counts for very little, just about to apply to become cartered for a 2nd time and means very little other than for my own ego!

 

Definately go down the ielts root for the 20 points. Sorry expensive mistakes

[MaggieMay24]

As others have said, maybe try getting 8s on the IELTS to get 20 points. Unfortunately DIBP is very clear on this:

 

[TABLE=class: ms-rteTable-default, width: 635]

[TR=class: ms-rteTableEvenRow-default]

[TD=class: ms-rteTableEvenCol-default]English language ability

Test results must be no older than three years immediately before the day on which the visa application was made.[/TD]

[TD=class: ms-rteTableOddCol-default]Competent English:

 

 

• score of at least 6 on each of the four components of speaking, reading, listening and writing in an IELTS test, or B on each of the four components of an OET test, or
  
• provide evidence that you are a citizen of and hold a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
  

 

[/TD]

[TD=class: ms-rteTableEvenCol-default]0 points[/TD]

[/TR]

[TR=class: ms-rteTableOddRow-default]

[TD=class: ms-rteTableEvenCol-default][/TD]

[TD=class: ms-rteTableOddCol-default][TABLE=class: ms-rteTable-default, width: 635]

[TR=class: ms-rteTableOddRow-default]

[TD=class: ms-rteTableEvenCol-default]Proficient English: score of at least 7 on each of the four components of speaking, reading, listening and writing in an IELTS test, or B on each of the four components of an OET test[/TD]

[TD=class: ms-rteTableOddCol-default]10 points[/TD]

[/TR]

[TR=class: ms-rteTableEvenRow-default]

[TD=class: ms-rteTableEvenCol-default]Superior English: score of at least 8 on each of the four components of speaking, reading, listening and writing in an IELTS test, or A on each of the four components of an OET test[/TD]

[TD=class: ms-rteTableOddCol-default]20 points[/TD]

[/TR]

[/TABLE]

[/TD]

[/TR]

[/TABLE]

Did his assessment from AIQS advise when he was considered skilled from? Depending on the assessor and requested assessment, often the letter will state that you're deemed to be qualified from xxxxx date based on the documents submitted. For many occupations, this is the date of the required degree plus xx number of years of experience. For example, IT occupations are often only considered for experience points after completing a degree + 2 years of relevant work experience. So someone with 5 years working experience after their degree would only be able to count 3 years of experience.

 

Sorry, it sounds like there's no grounds for appeal but perhaps speaking with a migration agent will help you find an achievable path to a visa.

Edited October 31, 2014 by MaggieMay24

[Mxmanus]

Another thing to look into. The HND is a higher diploma. 10 points. Then if you can find a different career name ie Qs technician etc if there is anything like that you could possibly use the 8 years work for points as well. I'm a HND civil engineer but got visa as a building associate ( site manager). Get some advise from a good agent there may be another way in. But also do the Ielts and aim for 8s not too hard but make sure you revise and learn how the test works. Good luck

[Nearlythere1]

Hi,

Sorry to hear about your bad news. Can only agree with what's been said above, however, as Alan Collett has suggested, as you already have 45 points, just do the IELTS test, get over 8s and that gives you 20 points, which is a total of 65 points.. The IELTS test only costs around £130 and isn't that hard. There are testing centres across the UK and when you sign up they give you a log in to do revision and sample papers etc. https://ielts.britishcouncil.org/ I booked mine and thought I'd use it as a gauge to see how much more work I needed to get the 8s and came straight out first time with 8.5s, job done. Also, as has been suggested, good MARA registered Migration agents are worth their weight in gold TBH, ours certainly advised us on issues we hadn't even considered, and it was alot cheaper having already done my skills assessment and IELTS prior to engaging one. Hope you manage to sort things out, best of luck.. :eek:

[itegoa]

As Nearlythere1 says, you'll have 65 points if you get over 8's on the IELTS.

 

Your points will drop once the age of 33 is reached, but 60 points is still a pass. You have many years to get it all sorted (hope your skill doesn't go off the list in the meantime).

[Captain Roberto]

Damn - sprry to hear this.

 

re: IELTS - it's not so bad. Hard be entirely doable. Cram for it and make sure you get 8 or above in all 4 sections. This should get you clear on points

 

Do you have to pay the full fee to apply again?

[lebourvellec]

Even if you were eligible to appeal, they can take 18 months+ before being heard. Not taking the work experience issue in to consideration, over claiming points for the English requirement when you had not sat the IELTS would be instant refusal and appeal would not be successful.

 

Best thing it to write it off this application and reapply after sitting the IELTS hopefully gaining 20 points if get 8's in all sections, and not including work experience for points purposes in next. EOI, then your application will have no points issues.