syedusman1 Posted March 25, 2015 Share Posted March 25, 2015 Hi All, I received a reply from my CO today against the visa application lodged 31st january, precisely as below: "according to your ACS skills assessment dated 14 May 2014, the above employment after September 2007 is considered to equate to work at an appropriately skilled level. Therefore, I have only considered your employment for the period from 1 September 2007 to 31 January 2015 (7yrs 4mths 30 days). Please provide further evidence that would satisfy at least eight years employment" This made me realized that though total experience shown at my ACS Skills assesment is from September 2005 (9+ years), but to count at skill based immi, it will be from September 2007(7.5 years) I understand this is a terrible misunderstanding i had, that my experience is counting from September 2005, which pushed me to launch the visa application for me, my wife and daughter. Now the thing is i am short of 7 months from the day i lodged application (31st January), and short of 5 months from today, to a total of eight years of skilled experience. I am continuing in the same company since last 5 years. My question is what should i do now? Can i ask the CO to pause my case till Sept 2015, as at that date i will have eight years of skilled assessed experience (my other all documents are also valid till date, like IELTS, medical etc)? Or Shall i withdraw my application? (paid a handsome amount, so i don't know if i can get a refund. What you guys say, that i should respond to the "CO"? I am left with few words now. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted March 25, 2015 Share Posted March 25, 2015 You should withdraw your application and re-apply when you have the 8 yrs experience. It's an expensive mistake but the CO is doing you a favour by allowing you to withdraw so you don't have your application rejected. This will help you when reapplying. Quote Link to comment Share on other sites More sharing options...
syedusman1 Posted March 25, 2015 Author Share Posted March 25, 2015 You should withdraw your application and re-apply when you have the 8 yrs experience. It's an expensive mistake but the CO is doing you a favour by allowing you to withdraw so you don't have your application rejected. This will help you when reapplying. Thanks, Quinkla for your reply (It's an expensive mistake, considering you are just 5-6 months short of 8 years, and everything was done in misunderstanding) Will i get any refund if i withdraw? Secondly what should i write to "CO", they are expecting a reply... Quote Link to comment Share on other sites More sharing options...
Bungo Posted March 25, 2015 Share Posted March 25, 2015 Thanks, Quinkla for your reply(It's an expensive mistake, considering you are just 5-6 months short of 8 years, and everything was done in misunderstanding) Will i get any refund if i withdraw? Secondly what should i write to "CO", they are expecting a reply... Do you agree with the assessment that you only have work experience at the appropriate level for 7 years and 4 months? I am assuming you do as you don't appear to be saying otherwise. If so, well I don't think there is anything you can do but withdraw the application before it is refused. Unfortunately there are very few situations whereby the application fee is refunded and over claiming points is not one of them. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 25, 2015 Share Posted March 25, 2015 You are most unlikely to get a refund if you withdraw your application. Points claims are a point of invitation requirement so it isn't possible for the application to be' paused' or for you to do anything to replace the points you have overclaimed. Your only (outside) chance is that your points total without the additional 5 points for 8+ years experience would have been high enough for you to receive an invitation. There have been a number of instances of COs still approving applications where an honest mistake has been made AND the EOI would have received an invitation without the overclaimed points. If you only had 60 points including the wrongly claimed 5 points, you're out of luck and should definitely withdraw your application. If you had more than 60 points, you may still have a chance. What is your occupation? What points did you claim in total? What date was your EOI? Quote Link to comment Share on other sites More sharing options...
syedusman1 Posted March 25, 2015 Author Share Posted March 25, 2015 (edited) Thanks a lot for the replies. The whole confusion started as the ACS evaluation that i got in which it is written On March 2014, last year: The following employment after September 2007 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code. Dates: 09/05 - 04/08 (2yrs 7mths) Position: Senior Software Engineer Dates: 05/08 - 02/14 (5yrs 9mths) Position: Principal Software Architect They approved my experience of 8 years 5 months (last year(, my bad luck i overlooked that September 2007 is the requirement met date, because they mentioned my experience from September 2005 in letter. To be honest i thought it's merely a typo at their end. My EOI was on 9 Jan 2015, and Visa Lodge 31st Jan 2015 and my total points are 60 (IELTS : L:8 W: 6.5 R:7 S:7 , age 31) It's kind a wet sand right now, and i have to reply to CO also, which i am unable to prepare what should i write... Any alternate, any solution? Edited March 25, 2015 by syedusman1 Quote Link to comment Share on other sites More sharing options...
Bungo Posted March 25, 2015 Share Posted March 25, 2015 Thanks a lot for the replies. The whole confusion started as the ACS evaluation that i got in which it is written On March 2014, last year: The following employment after September 2007 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code. Dates: 09/05 - 04/08 (2yrs 7mths) Position: Senior Software Engineer Dates: 05/08 - 02/14 (5yrs 9mths) Position: Principal Software Architect They approved my experience of 8 years 5 months (last year(, my bad luck i overlooked that September 2007 is the requirement met date, because they mentioned my experience from September 2005 in letter. To be honest i thought it's merely a typo at their end. My EOI was on 9 Jan 2015, and Visa Lodge 31st Jan 2015 and my total points are 60 (IELTS : L:8 W: 6.5 R:7 S:7 , age 31) It's kind a wet sand right now, and i have to reply to CO also, which i am unable to prepare what should i write... Any alternate, any solution? So do you think it is a typo or not? Would you expect your September 2005-2007 experience to count or any reason it should not? Vaguely recall some situations where the ACS does discount two years of experience, but I cannot remember the details. As to what to tell your CO, well just be honest, maybe say that the letter shows two lots of experience totalling 8 years and 5 months and see if that gets you anywhere (I don't think it will but there is no downside to mentioning it). As your total was only 60 with these points, I do think that this will come down to withdrawing the application. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 25, 2015 Share Posted March 25, 2015 (edited) It's very bad news that you only had 60 points because that left you with zero room for error. The ACS always deducts some experience before someone is considered to be skilled and in your case, they deducted only 2 years (it's often more) and COs tend to take the ACS word as gospel. Your only hope is if you somehow left out 8+ months of your work experience on your skills assessment application and can now provide evidence to your CO of that experience. If you can't do that, you appear to have overclaimed points and there will be nothing you can do to save the situation. IMO, you should explain that you misunderstood the ACS result letter (the CO won't be at all surprised - it happens frequently), withdraw your application and beg them to consider refunding your VAC. I don't like your chances of getting a refund but it won't hurt to try. Edited March 25, 2015 by Ozmaniac Reformatted for ease of reading Quote Link to comment Share on other sites More sharing options...
syedusman1 Posted March 25, 2015 Author Share Posted March 25, 2015 Thanks Ozmaniac and Bungo for replies. I want to be honest, as i feel coming up with new experiences (like part time consultancy) would complicate things and CO will catch me for sure that i am making this up. You are right the only best two options for me now is, withdrawing and plea to have the money refunded. Or they give me some grace months which are now short of 5 months, and 7 from visa lodging. On the other hand, i sincerely feel ACS document is very complicated, and this confusion was created by their extremely poor format of experience result letter. They should have not written 2005 on my job start date as counted, on the first part. It may be a matter of 6-7 months that i can apply again, but getting $6k again, is something which comes very hard Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 25, 2015 Share Posted March 25, 2015 (edited) COs know how confusing ACS result letters are and I'm sure that any who have been around for a while would have come across this problem before so you won't have any trouble convincing the CO that it was a genuine misunderstanding. I couldn't begin to tell you how many times it's come up on this board, usually to the applicant's great cost. You're wasting your energy pinning any hope on getting some grace months - it's not going to happen. If you actually have genuine evidence of doing part-time consultancy (or any other relevant experience) outside the experience you documented to the ACS, I believe you should provide it to the CO. Just explain that you sincerely believed you had enough experience to support your points claims without it and didn't want to overcomplicate the issue. If you have such evidence, it would be an extremely good investment to consult a good RMA for advice on how to present your story. A little extra expense (that kind of consultation won't cost much) now could possibly save the need for another VAC. Edited March 25, 2015 by Ozmaniac Quote Link to comment Share on other sites More sharing options...
Quinkla Posted March 25, 2015 Share Posted March 25, 2015 Secondly what should i write to "CO", they are expecting a reply... Dear CO Thank you for your e-mail. I can see that I have misunderstood the dates on the ACS Skills Assessment. I would therefore request that my visa application be withdrawn. I presume a refund of some or all of the application fee is unlikely, but if it were possible it would greatly assist me in making a future application once my experience satisfies the requirements. Kind regards Syed Usman Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted March 26, 2015 Share Posted March 26, 2015 Kinda puts the fees of a registered migration agent in perspective, perhaps ... Best regards. Quote Link to comment Share on other sites More sharing options...
syedusman1 Posted March 26, 2015 Author Share Posted March 26, 2015 Thanks guys, there are a coulple of things I did in last years, and can I ask them to consider as part time experience 1. I have an apple account on my name in which o have deployed two apps. one of them was completely other than my office (for a small organisation) the other was semi. As my company does not have expertise in iOS so I volunteered and learned it separately and developed an app of their use. But both apps are on my name, and I have a dev account with Apple. I am doing it since June 2014. 2. Last year I helped a startup university, created their website, helped them with their email setups, and I.T infrastructure. I am doing it from February 2014, till now. Update their website frequently. I can get a letter from them 3. Helped one of my friend in building startup in 2012, did interview trained their team. In 2013, helped them how to get business from freelance websites, analyse their software dev procedures. I can also get a letter from them in 2&3 I usually take very less charges and they too as cash, because they are from same city I am. i really never thought of it in my experience, until CO has asked now. Never thought that I can write it in my application as I felt my experience is above required. Guys do do you think I ahould Persue with above and try to convince CO , to count them as remaining 7 months experience? Thanks Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 26, 2015 Share Posted March 26, 2015 Thanks guys, there are a coulple of things I did in last years, and can I ask them to consider as part time experience1. I have an apple account on my name in which o have deployed two apps. one of them was completely other than my office (for a small organisation) the other was semi. As my company does not have expertise in iOS so I volunteered and learned it separately and developed an app of their use. But both apps are on my name, and I have a dev account with Apple. I am doing it since June 2014. 2. Last year I helped a startup university, created their website, helped them with their email setups, and I.T infrastructure. I am doing it from February 2014, till now. Update their website frequently. I can get a letter from them 3. Helped one of my friend in building startup in 2012, did interview trained their team. In 2013, helped them how to get business from freelance websites, analyse their software dev procedures. I can also get a letter from them in 2&3 I usually take very less charges and they too as cash, because they are from same city I am. i really never thought of it in my experience, until CO has asked now. Never thought that I can write it in my application as I felt my experience is above required. Guys do do you think I ahould Persue with above and try to convince CO , to count them as remaining 7 months experience? Thanks TBH, it doesn't sound like that would be acceptable experience but you never know - it could come down to how it's presented and the type of evidence you can produce. Consult a good RMA such as @Alan Collett who has posted to this thread AND do it quickly! Quote Link to comment Share on other sites More sharing options...
syedusman1 Posted March 26, 2015 Author Share Posted March 26, 2015 Thanks ozmaniac for always keeping in touch. I have contacted @Allan Collett. now it seems I have to choose one either be submissive and try to withdraw application and plea for refund, or try to convince CO of my part time experience, in which I am confused if they consider it or not, with my full time job. And if they do consider, what is the criteria and end result Quote Link to comment Share on other sites More sharing options...
Guest Posted March 26, 2015 Share Posted March 26, 2015 Kinda puts the fees of a registered migration agent in perspective, perhaps ... Best regards. With hindsight most decisions would be a lot easier. For every error, there are probably many which have no issue at all. Quote Link to comment Share on other sites More sharing options...
syedusman1 Posted March 26, 2015 Author Share Posted March 26, 2015 Hi guys, i think I have made my mind. I would be going for the withdrawal of application, and politely asking for the return of amount. I strongly feel ACS result letter format was substandard and even at visa lodging software they should have asked for a parameter with skilled met date as input. It would have stopped me a way earlier than where I am right now. A very hard lesson learned indeed, but at the end it's the consumer who suffers. Thanks, I will surely keep you posted Quote Link to comment Share on other sites More sharing options...
susanbro Posted March 26, 2015 Share Posted March 26, 2015 Kinda puts the fees of a registered migration agent in perspective, perhaps ... Best regards. Exactly why we used an agent - for something so minor to loose you your whole application. £2k to an agent is nothing faced with having to do it all again. @alan Colett seems like a good guy from what I have heard (PWO member lol). Good luck and hope it works out all ok for you @syedusman1 xx Quote Link to comment Share on other sites More sharing options...
Henrin Posted May 12, 2015 Share Posted May 12, 2015 (edited) Unfortunately I have just realised today that I have fallen into the same trap! I have my application lodged already and I claimed 65 points in my EOI : -Age: 10 points (30) -Language: 10 points for proficient English (IELTS Result 7+ in each component) -Qualification: 10 points - (An award or qualification recognised by the assessing authority in the assessment of the skilled occupation) -Work experience: 15 (In skilled employment for at least eight and up to 10 years (of the past 10 years) My ACS assessment states the following: Your skills have been assessed to be suitable for migration under 263111 (Computer Network and Systems Engineer) of the ANZSCO Code. Your qualifications have been assessed as follows: Your Microsoft Certified IT Professional from Microsoft completed July 2011 has been assessed as comparable to an AQF Diploma with a major in computing. Your Microsoft Certified Technology Specialist from Microsoft completed June 2011 has been assessed as comparable to an AQF Diploma with a major in computing. The following employment after June 2011 is considered to equate to work at an appropriately skilled level and relevant to 263111 (Computer Network and Systems Engineer) of the ANZSCO Code. Dates: 06/03 - 11/05 (2yrs 5mths) Position: Desktop System Specialist Employer: XXXXXXX Country: FINLAND Dates: 12/05 - 07/06 (0yrs 7mths) Position: Systems Specialist Employer: XXXXXXX Country: FINLAND Dates: 07/06 - 04/08 (1yrs 9mths) Position: IT System Specialist Employer: XXXXXX Country: FINLAND Dates: 04/08 - 09/13 (5yrs 5mths) Position: Technical Architect Employer: XXXXXXXXXX Country: FINLAND -------------------------------------------- So what I completely missed in this letter was the words "after June 2011". Instead of 10 years of experience I am apparently only supposed to claim 2 years and 3 months of experience which gives me 0 points. What is quite confusing is that between April 2008 and September 2013 I was working in the same job in the same role however only about a half of that work is counted towards applicable work experience! After my ACS assessment I have worked in closely related positions in Australia for 11 months, and now I have been working in Finland for 4 months. So there are many options here I guess: -They will follow the ACS Assessment letter which then gives me 5 points for work experience. That will take me to 55 in total and I will not be qualified for 189 and my application will be rejected. -They will accept the whole 10 years and 2 months of work experience that has been mentioned in the ACS Assessment letter. That will keep me in 65. -They could accept 5 years and 5 months of work experience from the ACS letter which would then take me to 60 points in total. However in this case this would still mean that I would have claimed false points in EOI (claiming 65 instead of 60). My opinion is that all of my work experience is directly related to the Network and Systems Engineer -occupation. What are your suggestions what should I do? I have uploaded a great amount of documentation of all the work experience I have. I do not have a CO assigned yet. Edited May 12, 2015 by Henrin Quote Link to comment Share on other sites More sharing options...
Bungo Posted May 12, 2015 Share Posted May 12, 2015 What are your suggestions what should I do? I have uploaded a great amount of documentation of all the work experience I have. I do not have a CO assigned yet. To an extent this is out of your hands now and for that reason I would probably not do anything just yet but await for contact from a CO. It seems likely that you are going to have a visa refusal, because it is the post qualification work experience that immigration will count towards skilled work experience. That is why it only counts half of one job, because you became qualified at the halfway point. So yes, I would sit tight and wait to see what message you get from your CO. If things look gloomy when you are contacted (which I expect they will), then consider withdrawing the application at that point. I don't think I would do it before then anyway. Quote Link to comment Share on other sites More sharing options...
Henrin Posted May 12, 2015 Share Posted May 12, 2015 It seems likely that you are going to have a visa refusal, because it is the post qualification work experience that immigration will count towards skilled work experience. That is why it only counts half of one job, because you became qualified at the halfway point. So yes, I would sit tight and wait to see what message you get from your CO. If things look gloomy when you are contacted (which I expect they will), then consider withdrawing the application at that point. I don't think I would do it before then anyway. Thanks for your reply! I understand. The thing what is really annoying is that my qualifications are Microsoft Certifications, basically just a test you can do meanwhile working full time. So you are actually not studying at all, instead you learn by working and then go and do the test. I believe for me it would have been more advantageous for not to claim the MS Certifications as a qualification and try to assess the work experience only. That way I could have gain 15 points instead of 10. I also have a basic degree in IT (compared to TAFE level in AUS I guess) which I graduated 2005. After that I started working fulltime in IT. However ACS did not validate this degree in the assessment unfortunately. Quote Link to comment Share on other sites More sharing options...
Bungo Posted May 12, 2015 Share Posted May 12, 2015 Thanks for your reply! I understand. The thing what is really annoying is that my qualifications are Microsoft Certifications, basically just a test you can do meanwhile working full time. So you are actually not studying at all, instead you learn by working and then go and do the test. I believe for me it would have been more advantageous for not to claim the MS Certifications as a qualification and try to assess the work experience only. That way I could have gain 15 points instead of 10. I also have a basic degree in IT (compared to TAFE level in AUS I guess) which I graduated 2005. After that I started working fulltime in IT. However ACS did not validate this degree in the assessment unfortunately. It might indeed have been better to not get the certificatons assessed, although they would then still want extra years of work experience to make up for the shortfall in qualifications and you might have ended up in the same spot. Although less likely to have made the costly error of course. Maybe you should speak to an agent to see if it is possible to salvage anything from this application? Quote Link to comment Share on other sites More sharing options...
Tsoglog Busgui Posted May 13, 2015 Share Posted May 13, 2015 I have in a same boat as these guys, I've requested my application to be withdrawn, When we apply again, do we need to have a new EOI invite as well? Well, that is some agent told me that, Im not sure how it works but, Thanks for help Quote Link to comment Share on other sites More sharing options...
Henrin Posted May 13, 2015 Share Posted May 13, 2015 I have in a same boat as these guys, I've requested my application to be withdrawn, When we apply again, do we need to have a new EOI invite as well? Well, that is some agent told me that, Im not sure how it works but, Thanks for help Did your agent mention anything about a possible refund? Quote Link to comment Share on other sites More sharing options...
Bungo Posted May 13, 2015 Share Posted May 13, 2015 I have in a same boat as these guys, I've requested my application to be withdrawn, When we apply again, do we need to have a new EOI invite as well? Well, that is some agent told me that, Im not sure how it works but, Thanks for help Well isn't the issue that the EOI was wrong? So if you didn't do a new one you would just make the same mistake? Quote Link to comment Share on other sites More sharing options...
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