possible overclaim of points - help needed

[atwin8]

Need your help as I cannot figure it out.

Invitation to Apply on 31 Oct for Chemical Engineer.

I claimed 65 points -5 points for Professional year.

However on immiaccount, it asks for Australian education Qualifications, which I don't have. I thought Professional year is a year of working here in Engineering(which I have been).

Do you think I may have claimed wrong points-65 instead of 60?

Please advise based on your experience.

I have been assigned a CO.I have uploaded Engineers Australia Skilled Employment documents for the Professional Year and Document status is "Received" so I have no way of knowing if its acceptable our not.

Any advise appreciated

Much Thanks

[MaggieMay24]

Hi Captain C

Need your help as I cannot figure it out.

Invitation to Apply on 31 Oct for Chemical Engineer.

I claimed 65 points -5 points for Professional year.

However on immiaccount, it asks for Australian education Qualifications, which I don't have. I thought Professional year is a year of working here in Engineering(which I have been).

Do you think I may have claimed wrong points-65 instead of 60?

Please advise based on your experience.

I have been assigned a CO.I have uploaded Engineers Australia Skilled Employment documents for the Professional Year and Document status is "Received" so I have no way of knowing if its acceptable our not.

Any advise appreciated

Much Thanks

 

A Professional Year is a year of studying in an approved program:

 

"Professional year in AustraliaYou can receive five points for having completed a professional year in Australia in the four years before you were invited to apply.

Your professional year course must have been in your nominated skilled occupation or a closely related skilled occupation. The course must have lasted for at least 12 months.

Qualifying professional year courses are offered by:

 

 

• Australian Computer Society

• CPA Australia

• Institute of Chartered Accountants of Australia

• Institute of Public Accountants (formerly the National Institute of Accountants)

• Engineers Australia."

 

 

A year of Australian work experience is also worth 5 points, but you would need to have included that in your skills assessment in order to claim it. If you have over-claimed your points, you may want to speak with a migration agent to see if there's anything that can be done rather than withdrawing your application.

[atwin8]

Hi Maggie

Thanks so much for your prompt reply to this.

I am very anxious regarding the outcome and nervous that I may have over claimed points, which was not my intention at all.

I have claimed points for Australian Work Experience separately in my EA Skills assessment for Work Exp.How will a migration agent be able to help me? Any recommendations on agents? I have independently applied for this.Whats the procedure for application withdrawal? thanks again for replying

[wrussell]

Hi Maggie

Thanks so much for your prompt reply to this.

I am very anxious regarding the outcome and nervous that I may have over claimed points, which was not my intention at all.

I have claimed points for Australian Work Experience separately in my EA Skills assessment for Work Exp.How will a migration agent be able to help me? Any recommendations on agents? I have independently applied for this.Whats the procedure for application withdrawal? thanks again for replying

 

From what you have posted, it looks as if you are likely be be refused a visa for over claiming on points.

 

If this is the case, you should be given an opportunity to comment, at which time you should be asked whether you wish to withdraw your application and be advised how to do so.

[atwin8]

Thanks..I will keep that in mind..Fingers crossed

[atwin8]

Do you think I should call the CO and discuss this , or wait till documents are uploaded(Pcc awaited) and wait for CO to bring it up?At this point , its a Catch 22 situation, any words of wisdom appreciated..thanks

[VERYSTORMY]

Do you think I should call the CO and discuss this , or wait till documents are uploaded(Pcc awaited) and wait for CO to bring it up?At this point , its a Catch 22 situation, any words of wisdom appreciated..thanks

 

I would suggest you speak to a good agent such as WRUSSEL above. It could be an expensive mistake - if they refuse your visa for over claiming, you lose the fee

[MaggieMay24]

DIBP can be somewhat forgiving if it was an honest error and if you would have received an invitation anyway if you had claimed the correct number of points. That may the key issue - would you still have been invited in that round on 60 points. I'd suggest you speak with a migration agent to see if this may be a possible avenue for you to pursue with your CO in order to suggest that your application shouldn't be refused.

[wrussell]

and if you would have received an invitation anyway

That is about it.

 

It is possible that there were other points the OP might have claimed, but did not. This is called grasping a straws.

 

The minister's delegates have recently acquired a taste for wielding 4020. It would be most annoying to overcome the points issue and then be dealt with for providing information that was false or misleading in a material particular.

[atwin8]

Wrussell..Have you come across a similar situation before?

[wrussell]

Wrussell..Have you come across a similar situation before?

Repeatedly.

[atwin8]

Repeatedly.

Russell//Maggie May23

Do you reckon the best way is to contact CO to preempt a refusal? and Bring it to their notice?

Or just sit tight and wait for CO to detect error and advise further options?

If I withdraw my application,how soon can I submit another EOI with correct points?

 

I have 90 days from my 457 ceasing in Dec 2015 and am on edge as I don't want to uproot my family for a silly error on my part..

thanks

[atwin8]

From what you have posted, it looks as if you are likely be be refused a visa for over claiming on points.

 

If this is the case, you should be given an opportunity to comment, at which time you should be asked whether you wish to withdraw your application and be advised how to do so.

 

 

 

Do you reckon the best way is to contact CO to preempt a refusal? and Bring it to their notice?

Or just sit tight and wait for CO to detect error and advise further options?

If I withdraw my application,how soon can I submit another EOI with correct points?

 

I have 90 days from my 457 ceasing in Dec 2015 and am on edge as I don't want to uproot my family for a silly error on my part..

thanks

[CaptainC]

If you've made an error, I'd say to get in touch with the department at the earliest possible opportunity to see if they are willing to discuss ways to solve the problem. If you get refused a visa for overclaiming then that's it.....game over (unless you appeal, which I think would be fruitless)

 

If you talk to them now, before they make a decision, then you may be able to salvage it, if they accept your mistake then you are in a better position to be granted a visa. You've got nothing to lose by talking to them.

[Raul Senise]

You are in a potentially bad situation which I do not believe you should be trying to resolve based on generic comments from a public forum.

 

You do not only have the issue over claiming points, but as Westly Russell pointed out, you could face Public Interest Criteria 4020 (providing information which false or misleading).

 

You should really obtain professional advice from a reputable Agent who can carefully assess your situation and at the very least explain your options.

[Guest The Pom Queen]

My advice is to contact an agent before contacting the department. An agent will be able to give you options and advice on how to salvage this mistake. Raul and Westly are both great agents. Yes there may be a fee but it's worth paying them to make sure you get your visa.