Prax007 Posted February 3, 2015 Share Posted February 3, 2015 Dear Experts, I have received invitation and about to apply for visa. I have found out a major issue caused by my agent. Request your kind advise regarding this. I am a software engineer and started my career in October 2004. ACS Skills assesment was done in Oct 2013. This is the transcript from ACS "Your skills have been assessed to be suitable for migration under 261313 (Software Engineer) of the ANZSCO Code. Your qualifications have been assessed as follows: Your Master of Computer Applications from xxx University completed August 2001 has been assessed as comparable to an AQF Master Degree with a major in computing Your Bachelor of Science from xxx completed April 1998 has been assessed as comparable to an AQF Bachelor Degree with a major in computing The following employment after October 2006 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code. Dates : 10/04 - 06/13 (8yrs 8mths) Position: I.T. Consultant Employer: xxx LTD" While submitting EOI, my agent entered the employment details from 2004 by mistake instead of 10/2006(Even i didn't observe it, where as ACS it is from 10/2006). We have claimed 10 points for over 8 years experience and with this i have got 65 points. Points claimed in EOI are as follows: Points Claimed Age 36 25 English Language Ability Proficient 10(obtained more than 65 in all in PTE Acedemic) level of Qualification Masters Degree 15 Years of experience in a nominate occupation- overseas within in last 10 years Equal or greater than 8 years 15 Total points 65 Work History: I worked for a company x from 10/2004 till 06/2014(ACS was done during this period and experience mentioned in ACS letter was 8 yrs 8 months) Later, i have started working for another company from 06/14 till date. My Agent's suggestion: ---------------------- He suggests that since i have started working for new company after my ACS assessment is done, now i have to redo ACS assesment mentioning new company details; submitting related new company documents; Submit EOI and wait for Invitation etc. Since it is mentioned in EOI that my experience was from 10/2004(though as per ACS it is 10/2006), he says we cant appeal to CO. My question is: Yes I agree that we made a mistake by mentioning experience from 10/2004 instead of 10/2006. As per ACS, my experience is considered as 8 years 8 months when i received ACS letter. Since i have claimed 10 points based on over 8 years experience according to ACS assessment, can i go for it and make appeal to CO? Is it okay that if i admit to CO that it is mentioned by mistake in my EOI, but i am claiming the points for what i am eligible. Link to comment Share on other sites More sharing options...
thomasvo Posted February 3, 2015 Share Posted February 3, 2015 I dont think so. Your agent is right, you need a new assessment, submit a new EOI and wait for an invite. If you claim points at the time of invite that you didnt have at that time you will get a refusal. I'm not entirely sure so I'd prefer to have confirmation of this from someone else ACS is working pretty fast nowadays so it would only delay you for a few weeks. Link to comment Share on other sites More sharing options...
Prax007 Posted February 3, 2015 Author Share Posted February 3, 2015 Thomasvo, Thanks for quick reply. I had over 8 years of experience before submitting EOI itself(same is mentioned in ACS letter - Work experience form 10/2006 till 12/2014) it is only case that i had entered start date as 10/2004 instead of 10/2006. Can i appeal it? Please advise Link to comment Share on other sites More sharing options...
thomasvo Posted February 3, 2015 Share Posted February 3, 2015 Oh I see. You had 8 years + anyway. I wouldnt know mate, maybe someone else can help you with this... Link to comment Share on other sites More sharing options...
Prax007 Posted February 3, 2015 Author Share Posted February 3, 2015 Can somebody please help me with above issue? It is Urgent. My ACS assessment was done on 10/2013. My total experience at that time was 7+ years. I had submitted EOI on 18/01/2015 and my experience at the time of EOI submission is well over 8 years and i had claimed 10 points for this and got the invitation. Only mistake i did is entered date of first job as 10/2004 instead of 10/2006 as considered by ACS. Can i appeal for it as i genuinely have over 8 years of experince at the time of EOI submission? kindly advise. Link to comment Share on other sites More sharing options...
lebourvellec Posted February 3, 2015 Share Posted February 3, 2015 Thomasvo,Thanks for quick reply. I had over 8 years of experience before submitting EOI itself(same is mentioned in ACS letter - Work experience form 10/2006 till 12/2014) it is only case that i had entered start date as 10/2004 instead of 10/2006. Can i appeal it? Please advise You can not appeal, it will be a refusal if the CO doesn't asess what you have claimed on EOI, and you will lose your application fee. But I understand that you have claimed from 10/2004-12/2014, which is over 10 years, discounting the for 2 that shouldn't have included, it will still be 8 years and eligible for the 15 points, therefore you have not over claimed. DIBP can make their own assessments if your experience meets the skill level and I would expect it will for the time period after you received the positive skills assessment. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 4, 2015 Share Posted February 4, 2015 I don't think you have a problem at all - in fact, I'm absolutely positive you don't have a problem and you won't need a new skills assessment. Your EOI hasn't been completed exactly correctly but the important factor is that you haven't claimed any points for which you were not eligible. You HAVE worked as a 261313 for 8+ years after the ACS Skill Level met date of October 2006 and you can provide evidence of that fact. You do NOT have a problem. Link to comment Share on other sites More sharing options...
Prax007 Posted February 4, 2015 Author Share Posted February 4, 2015 Hello Ozmaniac, Many Thanks for your reply. As i mentioned earlier, when i had received ACS Skill assessment in 10/2013, my experience was 6 years 8 months. I had submitted my EOI on 19/01/2015 and my total experience at this date is 8 years 3 months. so, i have claimed points for this. Only mistake i did was entering wrong dates while submitting EOI. Request you to suggest me how to proceed further. Shall i go ahead and pay the visa fees? Also, kindly let me know how i can present these facts to CO to satisfy him that i have claimed the points for which i am genuinely eligible. Kindly advise. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted February 4, 2015 Share Posted February 4, 2015 I think you need a new skills assessment: - ACS have said your original employment can be considered from Oct 2006 through June 2013 when they completed the assessment. This gives you 6 years 8 months. You continued working for that employer for another year and if you can provide evidence that you continued in the same role as was used in the ACS assessment, then you can safetly add another year of relevant experience. - ACS haven't given any assessment of your new employment since June 2014 and I think this is what may trip you up. If DIBP feels this can't be considered as ACS hasn't assessed this employment, they may reduce your experience. I hope I'm wrong, but I think the fact that you changed employment before having 8 years of qualified level employment at the original employer may be an issue. EDIT: One thing that may be in your favour - if you'd only claimed 5 points for experience, you may have still received an invitation and occasionally DIBP has been willing to overlook applicant errors on EOI if the correct information would still have resulted in an invitation. I don't think I'd be willing to risk the application fee on this possibility though. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 4, 2015 Share Posted February 4, 2015 I'm not a professional and I couldn't possibly tell you to go ahead and pay the visa application charge purely on the basis of what I have written. I believe you don't have a problem but before you go ahead with your application, you should definitely consult a good RMA for advice on your points claim and whether or not you need a new skills assessment. It won't cost much for a consultation of that nature and you will then know for sure. Any of the RMAs who regularly post on PIO can be trusted to provide accurate advice if you provide them with accurate information. Link to comment Share on other sites More sharing options...
Prax007 Posted February 4, 2015 Author Share Posted February 4, 2015 Hello Ozmaniac, Thanks for your response. Appreciate you. Could you please let me know couple of good RMA contact details so that i can contact them? Also, i tried to google for Australian immigration advisors, but could not find any satisfying details. If you know any of them, please let me know this as well. Link to comment Share on other sites More sharing options...
Prax007 Posted February 4, 2015 Author Share Posted February 4, 2015 I think you need a new skills assessment:- ACS have said your original employment can be considered from Oct 2006 through June 2013 when they completed the assessment. This gives you 6 years 8 months. You continued working for that employer for another year and if you can provide evidence that you continued in the same role as was used in the ACS assessment, then you can safetly add another year of relevant experience. - ACS haven't given any assessment of your new employment since June 2014 and I think this is what may trip you up. If DIBP feels this can't be considered as ACS hasn't assessed this employment, they may reduce your experience. I hope I'm wrong, but I think the fact that you changed employment before having 8 years of qualified level employment at the original employer may be an issue. EDIT: One thing that may be in your favour - if you'd only claimed 5 points for experience, you may have still received an invitation and occasionally DIBP has been willing to overlook applicant errors on EOI if the correct information would still have resulted in an invitation. I don't think I'd be willing to risk the application fee on this possibility though. Hello Maggie, I agree with you that ACS has considered experience till June 2013 which accounts for 6 years 8 months. I can provide the evidence that i have worked in same role till June 2014. I have changed the job in mid of June 2014 and i can also provide evidence or statutory declaration that i am doing the same role till now. Please let me know your views on this. With regards to your 2nd point, Usually ACS letter is valid for 2 or 3 years. Does this mean that if a person changes 2 companies till the ACS assessment expiry, he has to redo skills assessment again altogether?? I think this forfeits the whole purpose of validity of ACS letter. I assume that giving references along with ACS letter is enough if a person changes company. Please correct me if i am wrong. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 4, 2015 Share Posted February 4, 2015 Hello Ozmaniac,Thanks for your response. Appreciate you. Could you please let me know couple of good RMA contact details so that i can contact them? Also, i tried to google for Australian immigration advisors, but could not find any satisfying details. If you know any of them, please let me know this as well. The following experienced RMAs are regular contributors to PIO and know their stuff. @Raul Senise, @wrussell, @Alan Collett - any of them will do the right thing by you. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 4, 2015 Share Posted February 4, 2015 Once you have a positive skills assessment, it is valid for 3 years and you do not need a new skills assessment in order to claim work experience after the assessment date. You will have to provide DIBP with evidence that you actually have the additional months or years of experience but that can be done without needing a new skills assessment. Link to comment Share on other sites More sharing options...
lebourvellec Posted February 4, 2015 Share Posted February 4, 2015 Once you have a positive skills assessment, it is valid for 3 years and you do not need a new skills assessment in order to claim work experience after the assessment date. You will have to provide DIBP with evidence that you actually have the additional months or years of experience but that can be done without needing a new skills assessment. I agree with Ozmaniac, I wouldn't think you would need a new skills assessment it is not a requirement for work experience to be assessed by assessing authorities and DIBP will still make their own assessments. Considering you had been at the required skill level for almost 8 years, changing jobs with similar role should still qualify for highly relevant work experience, you would have had to make a massive change or huge step back in your job for it to no longer be relevant. Link to comment Share on other sites More sharing options...
Prax007 Posted February 4, 2015 Author Share Posted February 4, 2015 Thank you so much Ozmaniac Link to comment Share on other sites More sharing options...
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