# 189 visa to be rejected? Not sure what to do



## Sarah84

Hi
My name is Sarah. I've been invited to apply 189 visa with 65 points last month, which I've applied and paid the fees etc. 
During the process, I've been told that I only score 60 points according to detailed assessment from case officer which means I fail to meet the regulation for the invitation based on 65 points and likely that it will be rejected.

I now have the option of withdrawing my application or go ahead and see what happens? Does anyone have similar experience and can advise me what to do? 
I'm not sure what impact it's gonna make in my future applications if I withdraw or if I'm rejected this time.
Desperately need some advice plss ! Thanks


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## nemesis

Based on current point system is 60points.I don't see any issue here


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## Gemini

Hi Sarah,

Sad to hear that.

Try these;

You can re-evaluate your position and try to get some points. 
Check with CO under which section you are losing that 5 points.

I think even if you withdraw, your application fee might not be refunded. I'm not sure, senior members in this forum will answer that for you.

Best of luck and never give up.


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## Sarah84

nemesis said:


> Based on current point system is 60points.I don't see any issue here


It's true that some people with 60 points have been invited to apply PR. But my invitation was made on the fact that I score 65 points, and now if I score only 60 points, my visa application on this occasion with this particular invitation will be rejected.


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## Sarah84

Gemini said:


> Hi Sarah,
> 
> Sad to hear that.
> 
> Try these;
> 
> You can re-evaluate your position and try to get some points.
> Check with CO under which section you are losing that 5 points.
> 
> I think even if you withdraw, your application fee might not be refunded. I'm not sure, senior members in this forum will answer that for you.
> 
> Best of luck and never give up.


Thanks Gemini. I am now given 3 weeks to consider withdrawing it or go ahead with it. It will obviously take longer than 3 weeks to get 5 points ( as I many have to redo English test or do a interpreter test ). 
I'm ok with the fees not being refunded, I'm just worried this incident may obstruct my further application and becoming a resident here.


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## Marianina

Sarah84 said:


> Hi
> My name is Sarah. I've been invited to apply 189 visa with 65 points last month, which I've applied and paid the fees etc.
> During the process, I've been told that I only score 60 points according to detailed assessment from case officer which means I fail to meet the regulation for the invitation based on 65 points and likely that it will be rejected.
> 
> I now have the option of withdrawing my application or go ahead and see what happens? Does anyone have similar experience and can advise me what to do?
> I'm not sure what impact it's gonna make in my future applications if I withdraw or if I'm rejected this time.
> Desperately need some advice plss ! Thanks


Hi Sarah,

I'm no expert but here's my 2-cents worth: if you withdraw your application now, you will not have a record of a failed/rejected application and therefore you can start afresh and meantime work on raising your points to 65 or possibly even higher. And yes, as Gemini said, I think your fees can no longer be refunded. I believe your CO is giving you the chance to have a clean slate and start over.

Marianina


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## nemesis

"Basic requirements

"There are basic requirements you must meet to apply for this visa. You must:
- be invited to apply
- be younger than 50 years of age when you are invited to apply
- nominate an occupation that matches your skills and qualifications and is on the relevant skilled occupation list
- have your skills assessed by the relevant assessing authority as suitable for your nominated occupation
- have at least competent English
- score at least 60 on the points test
- meet the health and character requirements."

As per Gemini mentioned, just query them on which section as you have fulfill their basic requirement.


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## Sarah84

nemesis said:


> "Basic requirements
> 
> "There are basic requirements you must meet to apply for this visa. You must:
> - be invited to apply
> - be younger than 50 years of age when you are invited to apply
> - nominate an occupation that matches your skills and qualifications and is on the relevant skilled occupation list
> - have your skills assessed by the relevant assessing authority as suitable for your nominated occupation
> - have at least competent English
> - score at least 60 on the points test
> - meet the health and character requirements."
> 
> As per Gemini mentioned, just query them on which section as you have fulfill their basic requirement.


Hi Nemesis. 
Yes, I've fulfilled all the requirements and I scored 65 points at time of invitation. The 5 points that I'm losing now is oversea employment, which must be 3 years of paid employment. I did work for 3 years but, 1 year as volunteer. Since I've lost that 5 points, now I score 60 points. 
While I clearly know I can still qualify to be granted PR with 60 points, what they're saying is that the invitation they made was restricted to 65points, which I dont have now, and my visa will likely be refused as I fail to meet the regulation of the invitation.
So I'm not sure if it's better to withdraw my application and resubmit EOI with 60 points? Or take the risk of visa rejection and see what happens?
Thank you for all guys' help and suggestion. Much appreciated.


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## nemesis

If withdraw, you shall lose $$.
If maintain, then you might bear the risk of rejection.
Call CO immediately as this would give you clear direction.


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## jose

Hai sarah,

just would like to know what was its out come , i am also in same situation.submitted visa application with 60 points.my partner got skill assesment. but his ielts time barred (more than 3yers) case officer recomented to withdrow the application as we stand with 55 points


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## jim6

Does DIAC keep records of visa withdrawls?


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## DM4174

Sarah84 said:


> Hi
> My name is Sarah. I've been invited to apply 189 visa with 65 points last month, which I've applied and paid the fees etc.
> During the process, I've been told that I only score 60 points according to detailed assessment from case officer which means I fail to meet the regulation for the invitation based on 65 points and likely that it will be rejected.
> 
> I now have the option of withdrawing my application or go ahead and see what happens? Does anyone have similar experience and can advise me what to do?
> I'm not sure what impact it's gonna make in my future applications if I withdraw or if I'm rejected this time.
> Desperately need some advice plss ! Thanks


Hi Sarah,
Just wondering how did you fair out with your application after.
I am in the exact same situation and i am at my wits end as to what to do.
I got a letter from the case officer today saying i had over claimed on my 189 visa expression of interest. I got 65 points but I made a mistake by claiming 5 points for Australian study requirements, which would have left me with 60 points.
I'm really worried now as to what to do, whether to withdraw my application prior to the grant being decided (and if so will i be refunded my fee) or whether i leave the application and let the grant be decided (if its refused will I be able to reapply again or will this refusal affect future applications)
Any help would be greatly appreciated
Thank You
Damien


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## Marianina

jim6 said:


> Does DIAC keep records of visa withdrawls?


Yes they do, jim6.


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## Sarah84

Thank you all for above discussions and all the kind advice when I was in panic.
I managed to speak to my case officer a few days later and explained the situation. He acknowledged my concern I wasn't in any intention to give false information and explained that was the reason he emailed me and gave me a chance to withdraw the application if I want to. Since my application was accepted based on 65points rule, so it's very likely to be rejected if I went on with that application. Plus it may come with a clause that will stop me from reapplying visa in the next 2 years.
I was given 2 more weeks to think ( with the hint how to withdraw the application ), so I decided to withdraw my application a week later. I was then given a chance to appeal for refund of application fees by writing an official letter to him. 
To cut the story short, I managed to get full refund of 3060$ in 2 weeks time. My application was cancelled straight away and I was able to resubmit EOI the next day. I have just been granted Permanent Residency ( state sponsor - 190 ) in Early January with the 2nd invitation which came within 1 month after cancelling 1st application.
I'm so grateful for all the responses here in the forum when I wasnt sure what to do. If anyone wants more information on it, just send me a text.
Wish you all good luck on your application 
Sarah


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## Sarah84

DM4174 said:


> Hi Sarah,
> Just wondering how did you fair out with your application after.
> I am in the exact same situation and i am at my wits end as to what to do.
> I got a letter from the case officer today saying i had over claimed on my 189 visa expression of interest. I got 65 points but I made a mistake by claiming 5 points for Australian study requirements, which would have left me with 60 points.
> I'm really worried now as to what to do, whether to withdraw my application prior to the grant being decided (and if so will i be refunded my fee) or whether i leave the application and let the grant be decided (if its refused will I be able to reapply again or will this refusal affect future applications)
> Any help would be greatly appreciated
> Thank You
> Damien


Hi Damien,
I totally understand your concern as I was exactly in the same situation. Not sure if you can see my previous post this morning ( I'm quite new to this forum ), but I talked to Case officer and explained what happened.
Unfortunately with the new online scoring system, there has been quite a few incidents as such. But I was told that most likely we wont be granted the visa, as the application was made on 65 points. If we cant prove that 65 points, then we fail to meet the regulation of immigration law for that invitation. 
I once thought to keep going with the application and see what happens. Then I realised that my application could be rejected, I could lose all the 3060$ and in the worst scenerio , as we provided false information to DIAC they can ban us from further PR application for a period of time ( but it would depend on individual application )
So I decided to withdraw the application, without realising I could ask for refund. But I was advised by my case officer to write a letter to Immigration explaining I made a mistake on this application and claimed extra 5 points etc etc and that I would like to withdraw it, and ask for kind consideration of refund. Well luckily I got full refund in 2 weeks. 
I was also able to resubmit EOI on the same day. This time, I decided to take state sponsership. I made another application in mid-december and now I have been granted with 190 visa for permanent residency in early January.
I would advise you to talk to your case officer ( as all the senior member in this forum advised me ), or atleast tried to get contact via email and see what he/she thinks. 
Goodluck with your application and msg me anytime if you want further info.
Sarah


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## Sarah84

jose said:


> Hai sarah,
> 
> just would like to know what was its out come , i am also in same situation.submitted visa application with 60 points.my partner got skill assesment. but his ielts time barred (more than 3yers) case officer recomented to withdrow the application as we stand with 55 points


Hi Jose,
I've just posted a reply about a few minutes ago about what happened. I withdrew application, resubmit EOI next day and have been granted a residency visa in 1 month time. Pls see my post below and let me know if you want more info.
Good luck


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## surinsin

Hi All,

Need your suggestion on my situation. When I had lodged the application on 28th Apr I was 32 and my points were 65 but now after 14th Jun'13 I am 33 so lost 5 points. But as per my understanding when I lodged the application i was eligible for those 5 points as I was 32 and also at the time of medical as well on 4th Jun'13 i was 32. i am waiting for my Visa grant hoping that they will not include this elapse time to calculate the points and points will be calculated as per the date when the case was lodged i.e. 28th Apr'13. Please suggest if this situation can cause any issues. 

Thanks and Regards,
Surinder.


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## pgmral1983

Hi Sarah 84, that was great that you managed to talk to your CO. I am in a similar situation, however could not get to talk to my CO. After being put on hold a few times without any luck we communicated via email instead - my CO wasn't as nice as yours, she kept conversation short and always referring to the regulation.

What reason(s) did you put in the appeal for refund / refund request, please? Honest mistake? I did submit another EOI, this time with correct answers, if only the immigration provided someone to screen the EOI or eVisa application, I think this would save everybody time and money...


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## fateh

DM4174 said:


> Hi Sarah,
> Just wondering how did you fair out with your application after.
> I am in the exact same situation and i am at my wits end as to what to do.
> I got a letter from the case officer today saying i had over claimed on my 189 visa expression of interest. I got 65 points but I made a mistake by claiming 5 points for Australian study requirements, which would have left me with 60 points.
> I'm really worried now as to what to do, whether to withdraw my application prior to the grant being decided (and if so will i be refunded my fee) or whether i leave the application and let the grant be decided (if its refused will I be able to reapply again or will this refusal affect future applications)
> Any help would be greatly appreciated
> Thank You
> Damien


Dear Damient,
Can u please tell me whether your australian study requirement was relevant to your nominated occupation,because i am facing the similiar situation.
Thanks,
Fateh


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## akhtarzia1945

*rejection of 189*



fateh said:


> Dear Damient,
> Can u please tell me whether your australian study requirement was relevant to your nominated occupation,because i am facing the similiar situation.
> Thanks,
> Fateh


Dear all,
I have applied for 189 visa and was rejected on the grounds that I didnot qualify for the 5 points that I claimed for the partner (without his general registration),now I want to resubmit an EOI as there was no indication that there was any bar to resubmitting an EOI,will there be any problem in a new EOI as I now have the required points without claiming partner points.A reply would be highly appreciated.


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## ashleigh

Sarah84 said:


> Hi
> My name is Sarah. I've been invited to apply 189 visa with 65 points last month, which I've applied and paid the fees etc.
> During the process, I've been told that I only score 60 points according to detailed assessment from case officer which means I fail to meet the regulation for the invitation based on 65 points and likely that it will be rejected.
> 
> I now have the option of withdrawing my application or go ahead and see what happens? Does anyone have similar experience and can advise me what to do?
> I'm not sure what impact it's gonna make in my future applications if I withdraw or if I'm rejected this time.
> Desperately need some advice plss ! Thanks


The minimum requirement of points is only 60 points for visa 189.. You can find this info by googling 'visa 189 diac' - maybe you could send your CO the link.. did they deduct some of your points?


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## ashleigh

Sarah84 said:


> Thank you all for above discussions and all the kind advice when I was in panic.
> I managed to speak to my case officer a few days later and explained the situation. He acknowledged my concern I wasn't in any intention to give false information and explained that was the reason he emailed me and gave me a chance to withdraw the application if I want to. Since my application was accepted based on 65points rule, so it's very likely to be rejected if I went on with that application. Plus it may come with a clause that will stop me from reapplying visa in the next 2 years.
> I was given 2 more weeks to think ( with the hint how to withdraw the application ), so I decided to withdraw my application a week later. I was then given a chance to appeal for refund of application fees by writing an official letter to him.
> To cut the story short, I managed to get full refund of 3060$ in 2 weeks time. My application was cancelled straight away and I was able to resubmit EOI the next day. I have just been granted Permanent Residency ( state sponsor - 190 ) in Early January with the 2nd invitation which came within 1 month after cancelling 1st application.
> I'm so grateful for all the responses here in the forum when I wasnt sure what to do. If anyone wants more information on it, just send me a text.
> Wish you all good luck on your application
> Sarah


Hey Sarah84,

I've lodged an application for visa 190 a couple of days ago, and I'd appreciate it if you could reply on here or PM me about your journey


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## jeriesh

Hi Sarah,

I am in a similar situation as yours. 

Problem is that the case officer has told us to get in touch with immigration. I have not been able to get in touch with immigration or the Case officer as there is a very long hold. Do you have any email id which you had written to ..which pertains to immigration.

ANy help would be highly appreciated.

REgards,


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## krisryb

Sarah84 said:


> Hi Jose,
> I've just posted a reply about a few minutes ago about what happened. I withdrew application, resubmit EOI next day and have been granted a residency visa in 1 month time. Pls see my post below and let me know if you want more info.
> Good luck


Dear Sarah
thank you for all your responces here, it helps those who are in trouble. I made a mistake in EOI - put wrong starting dates of my employment which is not related to my occupation and i do not claim any points for it.
I wonder what options i have in your opinion? I received an invitation already and if I just wait for my invitation to lapse I will miss two rounds and will have only one chance to be invited and then will have to leave the country....:'(


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## Leo128

Good luck Krisryb.


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