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Guest indianaries

IELTS taken after filing 175 visa in Oct 2007 , visa has been refused , please advise

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Guest indianaries

Hi All,

 

I had filed 175 visa offshore in Oct 2007 and i was in MODL list ( SAP) , through agent .

My agent advised that take IELTS immediately after filing in Oct 2007 , I took the same in Dec 2007 and submitted the results in Jan 2008 to Immigration.

 

Now I am being informed by my agent that my visa has been refused by the case officer on the basis that I took IELTS after filing of application.

 

Please advise if there is some regulations changes in Immigration .

Also What should be my course of action now.

 

My agent is saying that now since the whole fees is also gone and now we need to apply afresh after taking ACS assessment again .

 

Also i find my skill in critical list so what should i do . I am in big soup on this and am i the only case as i see that many persons in Oct 2007 would have applied for visa without taking IELTS prior to application.

 

Please suggest.

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Hi All,

 

I had filed 175 visa offshore in Oct 2007 and i was in MODL list ( SAP) , through agent .

My agent advised that take IELTS immediately after filing in Oct 2007 , I took the same in Dec 2007 and submitted the results in Jan 2008 to Immigration.

 

Now I am being informed by my agent that my visa has been refused by the case officer on the basis that I took IELTS after filing of application.

 

Please advise if there is some regulations changes in Immigration .

Also What should be my course of action now.

 

My agent is saying that now since the whole fees is also gone and now we need to apply afresh after taking ACS assessment again .

 

Also i find my skill in critical list so what should i do . I am in big soup on this and am i the only case as i see that many persons in Oct 2007 would have applied for visa without taking IELTS prior to application.

 

Please suggest.

 

Well I am shocked! My OH did take IELTS before submitting but I was under the impression that you could submit before passing as long as you provided the test date on the application in the box provided. I don't know who your agent is, but either they provided you with false information re IELTS (which I dont think so???) or they should be fighting your case for visa with the CO that has refused it.

 

In my opinion, if it were me I would talk to a highly recommended migration agent for a second opinion and act fast on this. I dont understand why visa been refused???

 

I really wish you good luck :wubclub:


Visa granted 16/09/08

Visa validated! We'll go when we do!

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Guest off2oz2

Hi, very sorry for you, but it is clear that:

 

You must demonstrate that you meet the English language threshold. This means that you must already have your English language test results before you lodge your application.

 

Check out this site:

Skilled – Independent (Migrant) Visa (Subclass 175)

 

off2oz2

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Guest Gollywobbler
Hi All,

 

I had filed 175 visa offshore in Oct 2007 and i was in MODL list ( SAP) , through agent .

My agent advised that take IELTS immediately after filing in Oct 2007 , I took the same in Dec 2007 and submitted the results in Jan 2008 to Immigration.

 

Now I am being informed by my agent that my visa has been refused by the case officer on the basis that I took IELTS after filing of application.

 

Please advise if there is some regulations changes in Immigration .

Also What should be my course of action now.

 

My agent is saying that now since the whole fees is also gone and now we need to apply afresh after taking ACS assessment again .

 

Also i find my skill in critical list so what should i do . I am in big soup on this and am i the only case as i see that many persons in Oct 2007 would have applied for visa without taking IELTS prior to application.

 

Please suggest.

 

Hello there

 

Welcome to Poms in Oz.

 

Is your Agent MARA-registered?

 

Migration Agents Registration Authority

 

Are you aware of the MARA complaints procedure?

 

Migration Agents Registration Authority

 

Any complaints about the service from a MARA agent should also be copied to DIAC's Agents Monitoring Section in Canberra via e-mailing agents@immi.gov.au

 

Here s the DIAC stuff for the 175 visa:

 

Skilled – Independent (Migrant) Visa (Subclass 175)

 

Skilled – Independent (Migrant) Visa (Subclass 175)

 

They do use Bold to remind Agents as well as clients that the IELTS result MUST be produced up front when the visa application is made. Therefore on what basis did your Agent advise you not to bother to comply with the instructions on the DIAC website, please? What made him think that DIAC's clearly-stated requirements can be ignored?

 

It seems to me that it is up to your Agent to pay DIAC's fee for a new visa application for you, plus damages to you for the mess and delay he has landed you in, frankly. Would you really want to entrust your affairs to this guy a second time, though?

 

My understanding of this is that if the applicant sits the IELTS but does not get the required score, you can still submit the visa application with an IELTS result that you know is too low. The visa applicant can then re-do the IELTS and hope for a better result next time. If he gets a better result next time then DIAC will accept the better result. However it does NOT say that there is no need for any IELTS result at all, plainly.

 

Why do you need to re-do your ACS assessment? (Please forgive me: I am not a migration agent and I haven't a clue about computers so I don't know what ACS or whoever require from computing professionals.) How long is an ACS result valid for, do you know? If you do not know, have you consulted the ACS website in order to find out?

 

Australian Computer Society - Skills Assessment

 

Also:

 

A-Z Occupations List - Australian Skills Recognition Information

 

I am not even going to try to guess at which computer skill you have. Please could you give me the link to the right one? Thanks.

 

Having confirmed which particular computer skill, are you aware that the visa processing priorities were radically altered on 1st January 2009? If not, please see this link next:

 

A-Z Occupations List - Australian Skills Recognition Information

 

The Minister's announcement on 17th Dec became Law on 1st Jan 2009. The upshot is that you now need State Sponsorship for a 176 visa if at all possible. The link to the various State Migration websites is here:

 

State & Territory Migration Sites - australia.gov.au

 

QLD have chosen a brilliant moment to "reconstruct" their State migration website. Apparently it will take until 15th Jan to complete whatever they are doing to it. It was not working earlier. I don't know whether it might work intermittently over the next few days. Also VIC will be pubishing a new 176 List on Monday, so remember to check the new one.

 

WA seem to have a lot of computer skills on their current list but I do not understand any of them, unfortunately.

 

The only thing I can suggest in order to get you some competent help really fast is that you may wish to contact Peter Chiam of ptlabs consulting. He is the absolute guru with Computer Skills applicants. His website is here:

 

Ptlabs Consulting

 

Please keep in touch and let me know how you get on?

 

Best wishes

 

Gill

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Guest Gollywobbler

Hi again Indianaries

 

I've been puzzling about you all day!

 

What possessed your Agent to rush into a 175 application without bothering with your compulsory IELTS test first? Were you about to hit 35 or 40 and thus lose valuable points unless you took a chance and hoped that your CO would turn a blind eye to the absence of an up front IELTS result?

 

I'm struggling to think of reasons why an Agent might decide to gamble both his client's money and a year or more of his client's life in the way that your Agent apparently has? If my hunch is right, did you Instruct your Agent to take this gamble and if so, did he make you sign a disclaimer to the effect that you would be gambling at your own risk and not at his?

 

Best wishes

 

Gill

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