189 Invitation with possible mistakes on EOI Advice!!

[jadee]

Hi everyone, I hope you are well!

This is my very first post on here and I am hoping I'm kind of in the right place for some help!

I have a few questions and would love if anyone could advise?I uploaded my EOI and was invited to apply for the subclass 189 visa on Thursday and I'm a bit worried!

Should I apply for the 189 visa now or wait 60 days to see if I get any other offers for other visas which could be cheaper or more suitable? Which I'm not sure which, maybe the sponsored visas?

If I apply for the 189 would this hinder any other possible visas in offered?

 

Further to this, and this is why I think it relates to this thread, although I have put that I am engaged on the EOI I didn't say that my fiancé was a dependent?

Does this mean that he cannot be involved in this visa application?

I am attempting this without an agent so any help is much appreciated!

 

Jade

 

****Inserted by Moderator****

Moved from an unrelated thread so some info is duplicated.

Edited March 1, 2015 by Ozmaniac
Note from mod

[jadee]

Hi everyone I hope you are all well.

 

I recently submitted my EOI and on the same day (3 hours later) I received an invited for the 189 Visa.

This all being well, but I'm now starting to doubt my EOI!!

 

Firstly on my EOI I gain 5 points for Years of experience in a Nominated Occupation - overseas within the last 10 years.

I'm an Environmental Health Officer and as part of your training you are required to complete a year on placement, as this is related to the nominated occupation, I obviously put yes on my EOI, in addition to this, after graduating I struggled to get a job as an Environmental Health Officer, but was an Enforcement Officer for a couple of years which is related to the profession, (I investigated complaints as an EHO would under the relevant legislation, with a view to prosecute) but I'm not sure if this was the correct thing to put?

I've also completed some odd consultancy work as an EHO for a few weeks here and there, which I again clicked, yes as relating to the nominated occupation but put from when I was initially employed, and although I left if you like I was reemployed on several occasions so I've put this as being on-going employment which may be incorrect?.

I managed to get an EHO job in March 2013 so in theory they may look at my application as I have only had experience for just 2 years? Although in my opinion I've had more?

Should I give it a miss with completing this visa? If I don't get those extra 5 I still manage to receive 70? So in theory does it really matter?

 

 

Please see below a breakdown!

Shop Assitant Related to nomination-N/a

Student Environmental Health Officer Related to nomination-Y From 01/06/08-/01/06/09

Enforcement Officer Related to nomination-Y From 14/07/11- 07/03/13

Poll Clerk & Poll Counter Related to nomination-N/a

Consultant Environmental Health Officer (Company A) Related to nomination-Y From19/06/11- 30/06/14 (although it was intermittent and not consecutive months) So I think this is where I may get penalised?

Consultant Environmental Health Officer (Company B) Related to nomination Y- From 01/02/13-23/10/14 (although it was intermittent and not consecutive months) So I think this is where I may get penalised?

Environmental Health Officer Related to nomination-Y From 07/03/13- to date

Now that's just the first issue?!

I'm also engaged and wishing to include my fiancé as part of my application. I never listed him as a dependant? But did highlight the fact I am engaged? Would it be incorrect to list him as a dependant on the application?

He hasn't done the IELTS test and doesn't have a trade, he's a labourer who learns on the job. With no qualifications, if you like, although he does a great job in the restoration field.

 

Therefore should I not include him?

 

In everyones opinion should I knock this invitation on the head?

Or shall I run with it?

If I ignore this invite, would I ever get invited again for this visa?

Or is it a one strike an you are out?

 

Sorry for the layout guys, I hope someone can help me?

 

Thanks in advance! Jade

[Ozmaniac]

I think the two periods of employment where you believe you may be penalised would not be claimable for experience points but I also think that the year as a Student Environmental Health Officer could also be a problem. For Group B occupations (which yours is), pre-qualification employment may be considered in some circumstances and the criteria for pre-qualification employment can include a period of “qualifying” employment preceding the required one year of highly relevant employment at an appropriate skill level. If that's what your 12 months employment while a student was, that should be OK but that's unlikely if it was any earlier in your studies. The time as an Enforcement Officer is also questionable. For experience to be eligible for points, it must be in a 'closely related' occupation and that is determined by the ANZSCO codes for each occupation.

 

You can only include your fiancé on your application as a dependent if he qualifies to be considered your partner. You must either be legally married or must have lived together in a marriage-like de facto relationship for at least 12 months or must in some way be eligible for an exemption from the One-year Relationship requirement.

http://www.immi.gov.au/media/fact-sheets/35relationship.htm The One-year Relationship requirement

 

Should you go ahead with the application? Hmmm..., not sure. The way things are supposed to work is that if anyone overclaims points, their application is supposed to be rejected. However, in practice, there have been a number of instances where visas have been granted if someone has overclaimed points but would have received an invitation anyway if those points were not claimed. If you will have 65 or 70 points without experience points, I believe you may be OK but there's no way of knowing if they will suddenly start sticking exactly to the rules. If it were my $3520 plus potentially another $1760 for a secondary applicant, I wouldn't be game to risk it. You choice.

Edited March 1, 2015 by Ozmaniac

[wrussell]

Hi everyone I hope you are all well.

 

I recently submitted my EOI and on the same day (3 hours later) I received an invited for the 189 Visa.

This all being well, but I'm now starting to doubt my EOI!!

 

Firstly on my EOI I gain 5 points for Years of experience in a Nominated Occupation - overseas within the last 10 years.

I'm an Environmental Health Officer and as part of your training you are required to complete a year on placement, as this is related to the nominated occupation, I obviously put yes on my EOI, in addition to this, after graduating I struggled to get a job as an Environmental Health Officer, but was an Enforcement Officer for a couple of years which is related to the profession, (I investigated complaints as an EHO would under the relevant legislation, with a view to prosecute) but I'm not sure if this was the correct thing to put?

I've also completed some odd consultancy work as an EHO for a few weeks here and there, which I again clicked, yes as relating to the nominated occupation but put from when I was initially employed, and although I left if you like I was reemployed on several occasions so I've put this as being on-going employment which may be incorrect?.

I managed to get an EHO job in March 2013 so in theory they may look at my application as I have only had experience for just 2 years? Although in my opinion I've had more?

Should I give it a miss with completing this visa? If I don't get those extra 5 I still manage to receive 70? So in theory does it really matter?

 

 

Please see below a breakdown!

Shop Assitant Related to nomination-N/a

Student Environmental Health Officer Related to nomination-Y From 01/06/08-/01/06/09

Enforcement Officer Related to nomination-Y From 14/07/11- 07/03/13

Poll Clerk & Poll Counter Related to nomination-N/a

Consultant Environmental Health Officer (Company A) Related to nomination-Y From19/06/11- 30/06/14 (although it was intermittent and not consecutive months) So I think this is where I may get penalised?

Consultant Environmental Health Officer (Company B) Related to nomination Y- From 01/02/13-23/10/14 (although it was intermittent and not consecutive months) So I think this is where I may get penalised?

Environmental Health Officer Related to nomination-Y From 07/03/13- to date

Now that's just the first issue?!

I'm also engaged and wishing to include my fiancé as part of my application. I never listed him as a dependant? But did highlight the fact I am engaged? Would it be incorrect to list him as a dependant on the application?

He hasn't done the IELTS test and doesn't have a trade, he's a labourer who learns on the job. With no qualifications, if you like, although he does a great job in the restoration field.

 

Therefore should I not include him?

 

In everyones opinion should I knock this invitation on the head?

Or shall I run with it?

If I ignore this invite, would I ever get invited again for this visa?

Or is it a one strike an you are out?

 

Sorry for the layout guys, I hope someone can help me?

 

Thanks in advance! Jade

 

From what you have posted it looks as if you have created considerable issues with your work experience claims and you additional applicant claim. If you apply, you are most likely to have visas refused. A fiancé / fiancée relationship does not qualify a secodary applicant for a GSM application. Do not take this as a profesional opinion, but I suggest you obhatin one before you commit to a course of action.

[jadee]

Oh dear this isn't good! Thanks for everyone's advice, I think I may have to not take up the offer this time then! Will I have the chance to be invited again for the same visa? Once I edit my claim and resubmit?

Thanks again guys!

[OzzyDreamer]

Oh dear this isn't good! Thanks for everyone's advice, I think I may have to not take up the offer this time then! Will I have the chance to be invited again for the same visa? Once I edit my claim and resubmit?

Thanks again guys!

 

Yes I agree with others only the role where you actually did the job you are applying for should be listed as relevant. You have 2 jobs you should have said no to and maybe your student placement also should have bee no. Over claiming has resulted in a grant if you would have qualified anyway but this is with minor hiccups and a nice case officer... but claiming points for potentially 3 irrelevant jobs is very probably going to fail and you almost 2 grand will go down the pan.... you may scrape by but for that money I would not take the risk. What experience was assessed as relevant on your skills assessment? If those jobs were assessed as ok you should be fine. Only put what ever you had assessed as relevant by the skills authority and you should be fine.

 

 

You will get another invite you just need to let this one lapse I think it takes 60 days then you can get re-invited. As for your other post you wont get invited for another maybe cheaper visa on any EOI unless you specifically applied for any other visa. Also as cheap as any other visa is the 189 is the best which is why it is more expensive. I would not go down the sponsorship route if I did not have to.

 

 

If you get 70 points without those 5 you will definitely get another invite as that is quite a pretty high score so I would resubmit and relax knowing you will get another invite and wont lose a few grand

 

You can add your partner to your visa to also get a 189 visa giving him independent PR at the same time but you need to prove you have been living like a married couple for 12 months and of course pay the 2nd application charge. Be careful about adding dependant if there are any health issues or criminal convictions (not saying there are lol) as you BOTH need to pass the police check and medicals or you BOTH fail the visa and lose the fee.Good luck

Edited March 1, 2015 by OzzyDreamer

[j19jjr]

How can your fiancé be classed as a dependent if he works himself?

[jadee]

Hi everyone thanks again for your support and advice! I feel so silly?! [emoji15] I think I was on a high from getting my VETASSES back as positive all by myself I just jumped straight in! Let this be a lesson learnt I suppose! I never really realised that I would get those extra 5 points to be completely honest I was just trying to portray my struggle in getting where I have today I suppose with the current graduate jobs climate! What a dope I am [emoji17] I'm going to let this one go and go through my EOI once I can in the 50 odd days.

 

Because I submitted the exact same work experience info with my VETASSES evidence I guess I ran with that?

 

With regards to evidence of myself and fiancé being together for 12 months although we have been together for over 5 years on paper there isn't a great deal to prove this- we live at my parents, although paying board as my mum calls it, we don't have any contract in place? It's catch 22 we are trying to save so don't have any legal paper work to evidence our relationship! We have a joint bank account however this hasn't been opened for 12 months! I'm getting a little disheartened and I'm thinking I'm going to hold back until Sept until I resubmit again? That way I think we will be in a better position.

J19jjr although my fiancé does work it's possible he could join me on my 189 visa (if we prove our relationship) thus having more security for our future in Oz I understand, anyone correct me if I'm wrong!

 

I'll get there but I probably underestimated the in depth process!

 

Thanks for everything. It's not worth the risk and although I can't wait to start a future in Oz it's going to be a while yet!

I'm not going to give up! Good things come to those who wait apparently [emoji4] x

[OzzyDreamer]

Hi everyone thanks again for your support and advice! I feel so silly?! [emoji15] I think I was on a high from getting my VETASSES back as positive all by myself I just jumped straight in! Let this be a lesson learnt I suppose! I never really realised that I would get those extra 5 points to be completely honest I was just trying to portray my struggle in getting where I have today I suppose with the current graduate jobs climate! What a dope I am [emoji17] I'm going to let this one go and go through my EOI once I can in the 50 odd days.

 

Because I submitted the exact same work experience info with my VETASSES evidence I guess I ran with that?

 

With regards to evidence of myself and fiancé being together for 12 months although we have been together for over 5 years on paper there isn't a great deal to prove this- we live at my parents, although paying board as my mum calls it, we don't have any contract in place? It's catch 22 we are trying to save so don't have any legal paper work to evidence our relationship! We have a joint bank account however this hasn't been opened for 12 months! I'm getting a little disheartened and I'm thinking I'm going to hold back until Sept until I resubmit again? That way I think we will be in a better position.

J19jjr although my fiancé does work it's possible he could join me on my 189 visa (if we prove our relationship) thus having more security for our future in Oz I understand, anyone correct me if I'm wrong!

 

I'll get there but I probably underestimated the in depth process!

 

Thanks for everything. It's not worth the risk and although I can't wait to start a future in Oz it's going to be a while yet!

I'm not going to give up! Good things come to those who wait apparently [emoji4] x

 

If I am being totally honest if you don't have enough evidence to prove you are a couple and he cant be added to your application... I would apply anyway and get the visa. He could go out on a working holiday visa or something until you have enough evidence...or simply stay in the UK til you have enough evidence then get a spouse visa. It is more expensive and time consuming getting separate visas but the skills in demand list is reset on the 1st june every year so there is one coming up... also around that time rules and the process can be changed. The advise is always to apply for the visa as soon as you are eligible as you never know when you may not be! There are ways to get your partner a visa at a later date but getting your while you qualify is important

[jadee]

I appreciate that, thanks! Which is why I'm fretting now because I'm such a numpty and messed my EOI will I get a second chance under the 189? I genuinely thought any experience is good experience And in the UK my time as a student EHO and enforcement officer put me in a decent position to apply for the EHO job as the experience is relevant? What a mess I've made [emoji20] I'm in two minds I want to apply and fight my corner but can't afford to lose the money. The VETASSES looked into all my experience and from receiving a positive result thought it would go hand in hand with the EOI! It was only Thursday so these next 57 days are going to be hell?!

[OzzyDreamer]

I appreciate that, thanks! Which is why I'm fretting now because I'm such a numpty and messed my EOI will I get a second chance under the 189? I genuinely thought any experience is good experience And in the UK my time as a student EHO and enforcement officer put me in a decent position to apply for the EHO job as the experience is relevant? What a mess I've made [emoji20] I'm in two minds I want to apply and fight my corner but can't afford to lose the money. The VETASSES looked into all my experience and from receiving a positive result thought it would go hand in hand with the EOI! It was only Thursday so these next 57 days are going to be hell?!

 

Relax. I know it seems stressful but you will be ok. As you say without that extra experience giving you 5 points you still score 65/70 points (double check this so no more hiccups lol) once the invite has lapsed resubmit an EOI listing what ever experience VETASSESS has assessed a relevant and you will be fine. Letting invites lapse ok normal and acceptable and not mess things up. You will definitely get another invite. With the high score you have it should be pretty quick. It should all be resubmitted and visa lodged before the skills list is reset you have 5 years after you validate you visa before you actually have to move so bags of time to sort your partners visa out to be safe than sorry

[MaggieMay24]

I agree with double-checking your points as 65-70 is a relatively high score with little relevant work experience. If you've scored yourself 20 for Superior English, does that mean you have completed an IELTS test with at least 8 in all bands?

[jadee]

Hi guys! Yeah I know where you are coming from! It just seemed that after waiting the dreaded 12 weeks to get my skills assessment back, I was getting somewhere quicker! 3 hours in comparison to 12 week to getting feedback was a shock to the system! I landed the

IELTS: L9, R8.0, W8.5, S8.5 29/01/15 so averaged 8.5 which was a bonus! I'll try to attach a breakdown of my points, damn those extra 5 points which in theory I don't think I need! I genuinely wasn't trying to bump up my score and did submit my student placement as evidence for my Vetasses, however since looking at my outcome letter it's not even mentioned although I submitted it ! It was just the seasonal consultancy work that threw me, but obviously I'm going down the wrong track this first time, I'll put it down to experience? Does anyone know what happens after the 60 days? Do I have to log on at midnight to prevent being invited again or do I have to resubmit my EOI on the 61st day? Please see my EOI and outcome letter.

I hope that works! I've used the phone app to upload some pictures? Thanks

[Ozmaniac]

I see that you claimed points for meeting the Australian Study Requirement - that's another area where many mistakes are made on the points test. Not saying you didn't meet the ASR but given your current problem and given that I can't recall you mentioning having studied in Australia, best to make sure.

 

You can only claim ASR points if you completed in Australia in no less than 16 calendar months either a single qualification requiring at least two academic years study (i.e. which was registered for at least 92 weeks) OR more than one qualification resulting in a total period of at least two academic years study which contributed towards the award of an acceptable qualification that is closely related to your nominated occupation,

[jadee]

Hi Ozmaniac! It looks like my EOI is a comedy of errors! Gonna get this sorted then hopefully with 65 points I will get an additional invite? Do you know what happens in the 60th day? Do I have to log on and withdraw my EOI or will this automatically happen? Thanks

[Ozmaniac]

So was the 5 points for meeting the ASR also wrong?

 

You can withdraw your EOI or AFAIK, you can edit it. Probably simpler (and safer) to withdraw and submit a new one.

 

It looks like you may have had a lucky escape this time and there's also the question of whether you have enough evidence to include your fiancé as a secondary applicant at this time. I REALLY think you should have a consultation with a good RMA. You don't need to have them do the application for you but having an expert check your points claims and your relationship evidence BEFORE you submit another EOI won't be terribly expensive and it could save you thousands (and an awful lot of worry!). @wrussell who responded to this thread is a good RMA as are @Alan Collett and @Raul Senise. They all know their stuff and will do the right thing by you.

[jadee]

Hi again! Yeah you're right! I think I may have cried if I got it declined over silly mistakes! I can't seem to "withdraw" my application though? It doesn't give me an option?

[jadee]

 

I've tried to take a picture of the options available to me on my skills select EOI I hope it makes sense

[Ozmaniac]

You can't withdraw it until the invitation expires.

[jadee]

Ok thanks. I will play the waiting game! Thanks for all your advice! Much appreciated! Gonna get in touch with an agent I think? Possibly the ones you have mentioned and in the mean time get as much evidence together to prove my relationship with my fiancé. I know I'll struggle as I don't have a tenancy agreement, just a joint bank account and some holiday confirmation? We are insured to drive the same car so hopefully that will be viewed as evidence also! Gonna get looking on some threads! X

[Ozmaniac]

All the best. Let us know how you get on in the long run.

[jadee]

Will do, think I'll be spending a lot of time on here! Thanks for your advice [emoji106]

[jadee]

 

Hi Ozmaniac I hope you are well.

 

i am still fretting about my 189 visa, and was hoping you could advise, further.

 

once the 60 days has lapsed and I withdraw my application until I resubmit.?

 

i am in the opinion of the 189 being superior if you like over the sponsored visa? Would you happen to agree? I ask this because I was going to opt out of the other visas and just check the 189 box and wait to get an invite for this one only.

I also wondered if it's definitely going to happen, I.e me definitely getting another invite!

they aren't going to hold my lack of189 application initially against me are they?

 

furthermore I am struggling to prove my de facto relationship. Myself and my fiancé opened a joint bank account in August 2014 and have holiday confirmation dating back to 2011 however we don't have a rent book as such as we are currently living at my parents house to save money? Will they take jet2 flight confirmation seriously or laugh me out of the door?!

 

I suppose my parents would sign a rent book because we do pay our way but we don't currently have one.

 

 

no worries if you can't answer me, I'm sure I'll get some feedback somewhere!

take care

 

[Ozmaniac]

A 189 is definitely superior to any other visa and if you can definitely get 60 points, that's the visa you should go for. Even the bare minimum of 60 is enough to get an invitation within 2 rounds i.e. within 4 weeks maximum and that's pretty fast. The fact that you've previously failed to take up a 189 invitation won't in any way go against you.

 

I'm concerned about your de facto evidence but mainly because you haven't been doing what's necessary to collect it. Plenty of people who live with their de facto partner at their parents' home have successfully obtained Partner visas as a de facto couple and you can too. If you pay your way, you should have evidence of those payments coming from bank accounts and they can be your individual accounts rather than a joint account if you've only had one for 6 months or so. You don't need any kind of legal arrangement with your parents - all you need to do is to be able to show that you BOTH live there and that you share the expenses of doing so at least to some extent and that the arrangement has continued for 12 months or longer. You should have things like bank statements, phone accounts, car insurance and other bills, tax returns, credit card accounts, communications from your employers etc. etc. addressed to each of you (either individually or as a couple - doesn't matter which) at the same address and you should be able to provide evidence covering at least 12 months. You will need statement/s from your parent/s detailing the nature of your living arrangements and how long they've been in place (the last 12 months is the critical period but the longer the better) and you'll need statements from friends and other family about your relationship. It's all detailed in 'Evidence that your relationship is genuine' on pages 39-41 of the Partner Migration booklet. You don't need everything that's listed but use it as a guide.

http://www.immi.gov.au/forms/Documents/1127.pdf Partner Migration booklet

 

And last but most important of all, before you submit a new EOI and before you lodge a visa application, consult a good RMA to see if they believe that your evidence (work and relationship) stacks up. it will be money well spent. There are plenty of good RMAs around and some truly dreadful ones so make sure you only use someone highly recommended by PIO members e.g. Go Matilda or someone like that.

[jadee]

Cheers Oz! Much appreciated! Tax records etc for my fiancés documents go to his mums? There's not a great deal to prove we live together? Paperwork wise we've only got the bank account? Which has only been opened since Aug? When paying my parents rent i withdraw in cash?

The only evidence I can think of is;

Holiday confirmation

DIY rent book

Photographs

Personal statement by ourselves

Car insurance both insured on the shared car although it's registered in his name?

 

We never thought to change the address of his passport or job correspondence 1 because we have to pay and 2 because he picks his post up weekly so would always receive correspondence.

 

It's so hard [emoji17]

 

We are genuinely trying to save! That's why we literally live in my bedroom which after 3 years is getting a struggle?

 

If only you could get a visa based on determination!

Any more thoughts on proof is much appreciated guys?