Notification of refusal of visa!

[Allams]

*Please read carefully so you don't make the same mistake!!*

Our Story:

• In Feb 2013 we started the process by starting to fill in the EOI and getting docs together for the application process.
• In Apr 2013 we both wrote the IELTS(Academic) and both got a band score of 8.
• In May 2013 we sent Ilze's degree etc to CPA Australia to be assessed and at the same time she applied to become a member of CPA Australia.
• On 21 June 2013 we receive a letter from CPA Aus congratulating Ilze on obtaining membership and on page 2 it says: "Assessment outcome - Your Bachelor of Accounting science from The University of S.A. meets CPA Australia's degree requirement. The content of your qualifications have been assessed against the core knowledge requirements of the foundation level. You have been exempted from all foundation level exams."
• Thinking this to be the skills asssessment we submitted our EOI and a couple of days later on the 15th of July 2013 we receive 2x invites. One for a 189 and the other for a 190. We decide on the 189 and pay $6200.
• On the 17th of July 2013 we receive another letter from CPA Aus, with the same wording as above now only with an ANZSCO code.
• Thinking nothing of it we upload that document as well and wait.
• Sept 2013 we are assigned a c.o. who asks us for more docs including form 80 which we upload.
• Tuesday 12 Nov 2013 our c.o. asks us for the skills assessment dated 21 June 2013 - And this is where the not so nice smelling, brown stuff hits the fan!!!
• We send him both letters and apologize profusely for the misunderstanding i.r.o the CPA skills assessment and ask him to take into consideration that we did everything ourselves and that it was a genuine mistake.
• Wednesday 13 Nov 2013 we receive the dredded notification of refusal based on the fact that Ilze did not have a valid skills assessment at the date of invite! Yes, there is a 2 day difference between the invite and the skills assessment!! If the skills assessment had been dated before or on the 15th there wouldn't have been any hassels!
• I reached out to Mandy who I know from the forum(Ajay) and who I cannot thank enough for all the advice and encouragement and the facts are that we were wrong and there's nothing we can do about it!
• Thursday 14 Nov 2013 we submit a new EOI and now we start all over again and yes we have to pay again!

I hope this post helps someone not to make the same mistakes we did. If you're unsure don't press the submit button it's a very expensive button to push!

If you decide to use an agent I can highly recommend Mandy(Ajay)( http://www.saaustralia.org/index.php/user/16-ajay/ ) she really knows her stuff!! If I had known then what I know now I would have spent the extra money on an agent as there are many pitfalls to watch out for....

Regards,

Marc.

[Bams]

O my word Marc, I can't believe it!!!

I am so sorry for you guys and that you have to start all over againg, however I am happy for you guys that you can resubmit and will hopefully have a positive outcome this time.

I have been questioning myself and the amount of money we are paying "extra" due to using an agent, but this just again confirms why we need them. My nervous are shattered.

[Gillian1]

Wow Marc, what a heart breaking experience and such an innocent mistake. I am really glad you can apply again. Sorry you went through this.

[HadEnoughofJuju]

Wow Marc, that's a rough one. Here's holding thumbs that the second round works out in your favour.

[Ajay]

Guys, this is a real-life cautionary tale, and I commend Marc for sharing this shattering experience with our forum family. Having a visa refused for a simple mistake in timing, like this one was, is 100% avoidable and even though the 2 day discrepancy seems petty, as I explained to Marc, DIAC (or DIBP as they are now known) have no choice but to refuse applications when they don't meet the regulatory requirements. They don't have the discretion to overlook mistakes, no matter how small, if that mistake is one that means the application falls short of the regulations as was the case here.

I know that it isn't always possible to use an agent and I know that we are seen as a bit of a unnecessary cost on top of the already high Department application fees, but I urge you to please spend the money on at least a consultation with a Registered Migration Agent to make sure that you know all the ins and outs and understand the timing of each step, to avoid things like this happening to you.

DIBP have a wonderful website, with lots of information on it, and of course there's the forum to get extra advice, but there is no substitute for proper advice from an industry professional, especially when you're navigating a complex piece of law. To get an idea on just how complex, have a look at the Migration Regulations, and the Migration Act which is what we, as a profession, are well versed in and required to maintain knowledge of through ongoing training in order to re-register each year. Each one of those little blue numbers of the left, when you click on it, opens up a drop down of the regulation and then has further links to yet more bits of underpinning legislation, definition etc.

It isn't a simple process and that's why Registered Migration Agents aren't 'cheap'. We go through the relevant regulations for each application, making sure that current policy hasn't changed (yes, aside from all the regulation and legislation, there's also a Policy Advice Manual that drills down ever deeper - unfortunately I can't share that link as it's part of a legal database that requires subscription) and that the application will go through seamlessly. I know that it;s often thought that we just do a quick check through the work you've already done yourself and then charge an exorbitant fee, but any RMA worth their salt is doing far more than that.

I'm so sorry that Allams has wasted R60K - it's one hell of an expensive mistake, but hopefully you will all learn from it and if his unhappy outcome makes you think twice before hitting that button and spending money on an application that can't be approved as a matter of law, then it's served at least some positive purpose.

Marc, you know I'm here for you, as are many others on the forum, and I look forward to offering my congratulations when your next application goes through! Email me anytime.

Cheers

Mandy

[AndreaL]

Oh my!

Thank you for sharing your story Marc, and thanks for explaining in more detail Ajay. I was inclined to think, "well that is just petty, a decision by a pedantic pen-pusher", but after Ajay's explanation, I can see that the C.O/ Department would have no other choice but to apply the rules as per the legislation.

This is very sobering, and I commend you for getting back up straight away and starting over Marc........................I can't wait for your 'I got it post".

Regards

AndreaL

[21yearsoutofrsa]

I understand the department's total lack of flexibility and enshrining it in law is the best way to go, as it's takes away all discrection, and as soon as you have discretion you have inconsistency.

"It was only 2 days" can quickly move to "it was only a week", to "it was only a fortnight" to "it was only a month" etc. etc.

[Allams]

Thanks for all the support, I really appreciate it!

@17yearsoutofrsa - If you want more consistency put more fibre in your diet! If you want consistency at DIBP you need to remove the human factor - How many times have we seen visa's approved without form 80 being submitted? How many visa's were approved where the work experience claimed was "iffy" at best? It's all about the draw - if you get a more humane co he/she might help/advise you through the process and you'll have a happy outcome. If you have a co that just sees you as just another foreigner trying to get into his/her country he/she will look for a reason not to let you in! Our co was "untouchable" - He/she(yip, I still don't know) never answered e-mails or advised us on anything, where other applicants co's seem to help them through the process.

What happened with us was our mistake, we've accepted it and moved on! I started this thread to warn others not to make the same mistake, not to have people tell me "You were wrong the dept. was right, you should have known better!"

If you want to be condescending rather keep it to yourself, if you need help/support/advice don't hesitate to ask I'll help where I can...

Cheers,

Marc.

Edited November 15, 2013 by Allams

[pearson]

I am sorry to hear about that and thank you for sharing your experiences. I am sure this time you will get your PR

[Katrol]

Hi Marc

Thank you for sharing your story. I cannot imagine how it must feel to be in this situation. I really pray the rest of your process regarding application and the big move is a smooth one. Im so glad you have managed to move past this and move forward.

Good luck and keep well.

[LindaandPaul]

What a story and what a stress to live through - wishing you all the best, you will get there - one thing this process will teach us is resilience!!!

[VanTonderFamily]

My heart is bleeding for you guys

I know what an effect this has on our family - I can just imagine the emotions you are going through

Are you applying for a PR again? Sorry, I missed the last part

Edited November 15, 2013 by VanTonderFamily

[McCabes]

This is just so awful, I'm so sorry Marc & family!!!

I am really hopeful that things will go smoothly this next time round, also can't wait to see a "we got it!" post from you.

Thanks for sharing this and letting everyone know what happened, I am definitely going to be extremely careful when the time comes, and it's posts like yours that ensure that this is imbedded as it should be in everyone's minds.

All the best to you!

[AlBrough]

I am so sorry to hear that. All the best with the continuation of your application, have faith and do not let this stop you!

[MrsJ]

Wow, my heart breaks for you guys! that is just so crazy. I do understand that they need to stick to the rules, but just a simple mistake with the date, even though the actual assessment is positive just seems totally unfair to me. I would be crushed. The bright side is that at least you have a positive assessment now and know you are likely to get your visa eventually. In 10 years time once in Australia earning dollars hopefully the extra money will seem less significant.

I also am feeling the pinch after paying for a positive assessment for a skill that has just been taken off the WA list. Now by the time we get another skill assessed (= more money) or by some miracle it goes back on the list by July next year, we will have to re-do the ielts (= more money), all extra money down the drain but nothing near to what you guys are experiencing.

Once again, so, so sorry for you guys

[AlBrough]

Sorry for highjacking...

we will have to re-do the ielts (= more money)

IELTS is valid for 2 years, you should be ok?

http://www.ielts.org/institutions/institutions_faqs/test_scores.aspx

Edited November 15, 2013 by AlBrough

[MrsJ]

Sorry for highjacking...

IELTS is valid for 2 years, you should be ok?

http://www.ielts.org/institutions/institutions_faqs/test_scores.aspx

Oh my gosh that is such great news! I thought it was only a year. Thanks AlBrough

[Allams]

Thanks for all the support, you guys are awesome!

Submitted a new EOI on Thursday(triple checked everything!) and have just received a new invitation to apply for a 189!

Will be putting a slightly used, 2nd hand kidney up for sale to pay for it but I'm sure it will be worthwhile...

@MrsJ - Keep the faith, I'm sure your time will come! We'll keep our fingers crossed!

Cheers,

Marc.

[HadEnoughofJuju]

Hey Marc, I know it's no consolation for all the pain you guys have been through and the money you have lost but at least you have a second chance. Congratulations on the fast turn around and we'll be holding thumbs that everything goes smoothly and that there are no nasty surprises lurking anywhere.

[Gillian1]

That's great news Allams!

[Nev]

Lousy one, i hope you get it sorted and without having to spend too much

My hat off to you for sharing the story and hopefully saving others from the same problem.

[rikamarie]

Sorry to hear! But congrats on the invite! Sure al will go well this time! Keep us posted!

[AlBrough]

Oh my gosh that is such great news! I thought it was only a year. Thanks AlBrough

And now I have spotted this (under Points test > English language ability):

http://www.immi.gov.au/Visas/Pages/189.aspx/http://www.immi.gov.au/Visas/Pages/190.aspx

Your IELTS or OET test results must be no older than three years immediately before the day on which you lodge your visa application.

[Allams]

Hi Guys!

Just to let you know, we submitted all docs again on the 21st of Nov. We woke up this morning and saw an e-mail from DIBP - VISA GRANTED!!!!! We're over the moon!!! 19 Days from submission to grant and no contact from a c.o. (I'm sure this time we got a nice one!)

Thank you for all the support, after our refusal you guys were there to support us and it's much appreciated!

Good luck to everyone still waiting, I'm sure your day will come!(and buy some hair dye - I now have grey hairs a plenty! )

Cheers,

Marc.

[JaxInBriz]

Congratulations that's awesome news :-)