# 189 SC VISA refusal-ACS(RPL) Case.



## akiimanu (Feb 28, 2013)

Hi Mates,

Today I was bombarded by CO's decision of refusal for 189 SC Software Engineer category.

Let me explain it here :

I have non ICT degree in "Bio-technology Engineering" with 7 years of experience.
I have relevant work experience of 7 years as a software engineer so I applied for
ACS- RPL ( Recognition of Prior Learning) on 24th March,2012 we got the positive outcome from ACS on 19th June. I am pasting a snippet from same here :

"Your skills have been assessed to be suitable for migration under 261313 (Software Engineer) of the ANZSCO Code.
The following employment after December 2012 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code."

On the basis of this, I went ahead and claimed 10 points for work experience in our EOI.

Refusal:
======
Today I got an email from my CO, letting me know that VISA has been refused and all claimed 10 points have been deducted and our EOI left with 55 points only, hence the refusal.

Reason by CO:
===========
On the 20 July 2013 you provided in conjunction with your application a skills assessment from the Australian Computer Society (ACS) dated 19 June 2013 reference: XXXX. ACS provided an assessment of your work experience: Senior Software Engineer at XXXX (India) November 2006 – December 2009; Associate - Projects at XXXX(India) January 2010 – March 2011; Senior System Engineer at XXX (India) March 2011 – March 2013.

ACS made the following statement regarding your work experience:
The following employment after December 2012 is considered to equate to work at anappropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO code.

Following an assessment of your work experience I am not satisfied that you were employed in your nominated skilled occupation or a closely related skilled occupation, for at least 60 months in the months in the 10 years immediately before the time of invitation to apply for the visa and no points are awarded.

My Question to Forum:
================
According to ACS (old) if I have 6 years of experience I am eligible for 10 points in case of RPL too. People with RPl exp. please reply and help.

I have written to my assessor and his reply is as follows :

"The date provided in your skill assessment result letter is the date you have met the ACS requirements.

Your experience 11/06 to 12/12 has been considered in your skill assessment application in determining the outcome of your application.

You were required to demonstrate 6 years’ experience which was completed in 12/12

12/12 is the date you met the ACS requirements and is the date in which you have been deemed to reach the appropriate skilled level for your nominated occupation."

Please help in understanding the situation, what we should do next, is it a mistake from ACS in mentioning the reference letter or our CO has mistaken it.

Please reply we have very less time to revert to our CO.

Thanks in advance!!!

__________________
189 App Lodged (SW Engineer) on 19th July - Meds & PCC completed - 2nd Aug - Med Cleared - YES - CO Assign- 28th AUG,


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## GBP (Jun 1, 2013)

"Your skills have been assessed to be suitable for migration under 261313 (Software Engineer) of the ANZSCO Code.
The following employment after December 2012 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code."

It means your work experience only start counted from December 2012. So, you actually have only a few months of relevant work experience.


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## akiimanu (Feb 28, 2013)

GBP said:


> "Your skills have been assessed to be suitable for migration under 261313 (Software Engineer) of the ANZSCO Code.
> The following employment after December 2012 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code."
> 
> It means your work experience only start counted from December 2012. So, you actually have only a few months of relevant work experience.


After writing to assessor we got to know, he has approved 6 + years of experience, is this the mistake done by him while mentioning in the ACS letter. What should we do please suggest.


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## GBP (Jun 1, 2013)

in the reply: 
"The date provided in your skill assessment result letter is the date you have met the ACS requirements.

Your experience 11/06 to 12/12 has been considered in your skill assessment application in determining the outcome of your application.

You were required to demonstrate 6 years' experience which was completed in 12/12

*12/12 is the date you met the ACS requirements *and is the date in which you have been deemed to reach the appropriate skilled level for your nominated occupation."

it still tell you the same thing. They said they *have considered* your previous work experience, but only those after December 2012 counted.

I only analyse based on the correspondences and I have no idea why your previous work experience are not counted.


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## damirsaranovic (Jun 1, 2013)

For ACS you are skilled for nominated occupation from 12/12.

It is on CO discretion if it will accept ACS recommendation or count all your experience. Your CO agreed with ACS and thus you have only under a year of relevant experience for nominated occupation. By that your claim of 65 points was invalid and application refused.

There were several cases of that on the forum with same outcome.

You can lodge appeal with DIBP (its not DIAC any more) to reassess your case and supply more documents proving your experience is relevant or ask ACS for reassessment again with documents proving all of your experience is relevant. Problem is that your education is not in the track your experience is and main reason for ACS assessment result.


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## MarkNortham (Dec 19, 2012)

Hi -

Sounds like the other posters here have explained things well - ACS requires 6 years for the RPL (recognition of prior learning) skills assessment - after the 6 years, you are considered skilled. If you had a closely related IT bachelor degree then it would be a different story - at ACS if you have a non-IT degree you can go for RPL instead (fortunate, as many skills assessors do not offer an RPL option). It sounds like you may have misunderstood the ACS regulations - that the 6 years essentially "substitutes" for an IT degree, and that just like an IT degree, you're only considered "skilled" when you've completed the degree. In your case you were considered skilled when you had completed the 6 years of work required for the RPL option.

It's exactly situations like this that remind me when someone comes along here and says "I've got x years of experience, do I qualify for a PR visa?" that it's simply impossible to say for sure. You have to start digging into the actual relevance of their work experience and degree to begin with, then look at the specific requirements that the assessor may have for their occupation (ACS has very specific and more detailed descriptions of each of their occupations that go way beyond what ANZSCO requires).

DIBP case officers are directed to give significant weight to the results of the skills assessment organisation, and in your case have done so. I don't see any way around this as it was based on a misunderstanding of the regulations from what I can tell. It's too bad that the case officer did not give you an opportunity to withdraw your visa after pointing out that your work experience would not all count - they often do this but are not required to by law.

Wish I had a better response for you, but I don't see any other way than relodging your EOI (you might be able to make up the points with very high IELTS scores) and waiting for another invitation.

Best,

Mark Northam


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## nurafest (Sep 26, 2013)

GBP said:


> "Your skills have been assessed to be suitable for migration under 261313 (Software Engineer) of the ANZSCO Code.
> The following employment after December 2012 is considered to equate to work at an appropriately skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code."
> 
> It means your work experience only start counted from December 2012. So, you actually have only a few months of relevant work experience.


Hi GBP,

ACS says after December 2012 is considered. But you mention we can include December 2012. Is it OK ? I suppose Jan 2013 would be right.

Please clarify. Thank you


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## MarkNortham (Dec 19, 2012)

Hi -

Safest bet is beginning 1 Jan 2013 - there is no definitive word on this from DIBP (formerly DIAC) or ACS but we're trying to get it.

Best,

Mark Northam


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