# Points reduced after visa lodging due to new rule of ACS skill requirement met date



## dharmesh312 (Oct 29, 2013)

I have lodged visa application under skill select subclass 189 on 30-Oct-2013 for the occupation of 'Software Engineer' (261313). I received invitation on 7-Oct-2013. I applied for ACS Sill assessment on 26-June-2013 and received result on 25-Sep-2013. My problem is with the new rule of ACS Skill Assessment which indicates that 2 years from my total work experience will be deducted and only the remaining years of work experience will be considered for the points calculation. I was not aware of this new rule because the guidelines file from ACS was published on 30-Oct-2013 with the updated content, even though my result indicated skilled employment date which was 2 years later. I even clarified with the ACS regarding this date in my result. But I could not get clear explanation regarding it and I thought that the skilled employment date indicates only my eligibility date and it has nothing to do with my points calculation. The file which I referred for applying Skill Assessment did not contain any clarification of this new rule. By the time ACS published the new file, I had already lodged my visa application. I have total work experience of 4 years and 10 months till today. With this experience, I scored 5 points in the points test in my self-calculation and the total points resulted to 65. But if 2 years of work experience is deducted, I will not be eligible for these 5 points as my work experience would then be only 2 years and 10 months. I will be falling short of 2 months to complete 3 years of work experience in order to score 5 points. So the points will be reduced to 60. My case officer is not yet assigned. Does the case officer have right to overrule the decision of ACS skill assessment result according to which my 2 years will be deducted? I am worried whether my visa will be rejected because of this reduction in points or they will understand my unawareness because of the late publishing of the new guidelines file and consider my entire work experience after graduation. Please guide me for the steps I should take to avoid rejection and if my rejection is confirmed then what should I do next.


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## dharmesh312 (Oct 29, 2013)

Considering advice from different people, I have decided to wait for the CO to be assigned and act accordingly.

In the worst case, if I am refused visa or I have to withdraw visa, I will be planning to reapply when I become eligible for 65 points. Regarding that, I have 2 more queries:

1. I have scored minimum 7 band in each module in IELTS. I am thinking to reappear for IELTS and try to score 8 band each. If I fail to do so and score lesser than the previous IELTS exam, will I be able to use the previous score or only the latest exam score is considered? I ask this because while filling EOI, it was mentioned to enter the score of the latest exam taken before submitting EOI.

2. During my skill assessment with ACS, I did not submit reference letter of 1 company because the period of employment with that company was only 3 months and the company was out of my home city. However, I had submitted appointment letter and salary slips of that company. But that period of employment was not considered by ACS. But now in order to reapply in Jan 2014 when I will be completing 5 years of work experience (including the above mentioned 3 months), I will need to bring reference letter from that company in order to prove my work experience. So, if I provide DIBP with the reference letter (which was not provided to ACS), will DIBP consider my work experience with that company which was ignored by ACS?


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## poweredksk (Nov 23, 2013)

*Dear Dharmesh*

I could wish you to go immediately for withdrawn your application asap before CO assigned in your case. And stating that reasons you have applied unwanted visa application on this occasion. so u will get 100% chance to get your full money refund


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## Shrads (Nov 22, 2013)

*Format of Ref letter form colleague (statutory declaration)*

Hi,
Somehow I feel the case officer should take your experience till date. I believe you can write a mail to the ACS for the explanation and the options you can go for. They do reply to our requires fast.

I am also going to apply to submit the skill assessment by next week. I need few information , it will be really helpful if you can please provide.

1) My current employer is not will to give me the reference letter , they can only provide the employment letter. It is mentioned in the guidelines we can take a statutory declaration from our colleague in such situations.
Please can you give me the format of this and also do we have to write it in a bond paper or just normal paper will be fine and get it certified.

2)I would be submitting the reference letters from the previous employees, all my education documents after high school. 
Kindly let me know if I need to submit anything else.

Thanks in advance


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## lkl4300 (Sep 5, 2012)

dharmesh312 said:


> Considering advice from different people, I have decided to wait for the CO to be assigned and act accordingly.
> 
> In the worst case, if I am refused visa or I have to withdraw visa, I will be planning to reapply when I become eligible for 65 points. Regarding that, I have 2 more queries:
> 
> ...


Hi,

Have you solved your problem regarding the ACS assessment? Did your CO approve your application or reject it? I have read from other forums that CO will notify you and ask applicants to withdraw the application so that they could have full refund. Not sure how was your case.

Cheers.


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## Maggie-May24 (Jul 24, 2011)

lkl4300 said:


> Hi,
> 
> Have you solved your problem regarding the ACS assessment? Did your CO approve your application or reject it? I have read from other forums that CO will notify you and ask applicants to withdraw the application so that they could have full refund. Not sure how was your case.
> 
> Cheers.


Typically if the CO gives you a chance to withdraw the application, it's so you don't have a refused visa on your record. Applicants don't typically get a refund of the fees.


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## lkl4300 (Sep 5, 2012)

maggie-may24 said:


> Typically if the CO gives you a chance to withdraw the application, it's so you don't have a refused visa on your record. Applicants don't typically get a refund of the fees.


Hi,
Is that mean even CO gives u a chance to withdraw but no refund will be given ??


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## danishmoosa (May 20, 2014)

I have similar question If you guys can be able to reply me i will be thankful

I have got ACS letter mentioning that my experience after December-2005 to Nov-2013 has been accepted as "software engineer". This makes around 7 years and 11 months experience. Nov-2013 is the time when I applied for ACS. I am doing the job still in same company and want to get maximum points (8 years)

Is it possible that in EOI and visa application we can add experience if last job mentioned in ACS is not changed?


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## Maggie-May24 (Jul 24, 2011)

lkl4300 said:


> Hi,
> Is that mean even CO gives u a chance to withdraw but no refund will be given ??


That's correct. That's why it's often stressed how important it is to make sure you have confirmed you qualify for the points you have claimed in the EOI.


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## lkl4300 (Sep 5, 2012)

maggie-may24 said:


> That's correct. That's why it's often stressed how important it is to make sure you have confirmed you qualify for the points you have claimed in the EOI.


I have got my PR granted a week ago, CO was ok with my points claimed


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## mutufaz (Dec 20, 2011)

lkl4300 said:


> I have got my PR granted a week ago, CO was ok with my points claimed


Hi lkl4300,
Can you please provide detail information regarding your acs evaluation?
Acs did not include some of my experience durijg evaluation. Secondly, they have taken some of my experience out due to that 2 year experience rule aow my experience is 3 years 2 months instead of actual 5 years 2 months. Will diac consider mai total experience i.e. 5 years 2 months for granting points? And the experience acs did not evaluate, do diac consider that experience ?

Please proviede reply.


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## lkl4300 (Sep 5, 2012)

mutufaz said:


> Hi lkl4300,
> Can you please provide detail information regarding your acs evaluation?
> Acs did not include some of my experience durijg evaluation. Secondly, they have taken some of my experience out due to that 2 year experience rule aow my experience is 3 years 2 months instead of actual 5 years 2 months. Will diac consider mai total experience i.e. 5 years 2 months for granting points? And the experience acs did not evaluate, do diac consider that experience ?
> 
> Please proviede reply.


ACS listed all my working experience, so my case is different with yours because you said they did not include some of your experience.

ACS assessment is only a reference for DIBP, so case officer has the rights to agree/disagree with the ACS assessments results.

ACS will deduct the first 2 years from total working experience, so the working experience after the first 2 years are considered as 'Skilled level'. Anyway, as i said ACS listed all my working experience which is total of 6 years and 8 months. If deduct 2 years, it became 4 years and 8 months. My case officer was ok with my working experienced claimed (which is 5 years - 10 points) because all my working experience (6 years 8 months) are listed in the assessment letter.
How many years listed in your assessment letter? If it is 3 years 2 months, i would say you can't claim 10 points. On the other hand, if it is 5 years 2 months, you MIGHT be able to claim 10 points. BUT, it is depends on case officer whether he/she could accept that. Very confusing i know.
Good luck.


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## mutufaz (Dec 20, 2011)

Mine is 5 years 2 months assessed


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## mutufaz (Dec 20, 2011)

Thanks for the prompt reply lkl ,,,i am thinking of getting my experience reviewd as 2 years of experince wasn't accessed by acs


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## lkl4300 (Sep 5, 2012)

mutufaz said:


> Mine is 5 years 2 months assessed


IC. you could try to claim 5 years BUT there is a risk as i said it is depends on case officer.


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## NKF (Jul 11, 2014)

dharmesh312 said:


> Considering advice from different people, I have decided to wait for the CO to be assigned and act accordingly.
> 
> In the worst case, if I am refused visa or I have to withdraw visa, I will be planning to reapply when I become eligible for 65 points. Regarding that, I have 2 more queries:
> 
> ...


Hi dharmesh

Whats ur final outcome...did Co asked any thing further or they rejected ..


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## safeerkhan (Dec 14, 2014)

*ACS Result help*



danishmoosa said:


> I have similar question If you guys can be able to reply me i will be thankful
> 
> I have got ACS letter mentioning that my experience after December-2005 to Nov-2013 has been accepted as "software engineer". This makes around 7 years and 11 months experience. Nov-2013 is the time when I applied for ACS. I am doing the job still in same company and want to get maximum points (8 years)
> 
> Is it possible that in EOI and visa application we can add experience if last job mentioned in ACS is not changed?


Danishmoosa,

I am in the same boat as you are. My skill requirement met date is January 2007 to November 2014. Which gives me 7 Years 11 months.

I am not sure what we need to do in order for get 8 Years from ACS or does EOI grant 8 years experience and give 15 points as i will be applying only on January 2015 ?

What happened in your case. It will be helpful for me too

Regards,
Sam


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## althafhasan (Jul 27, 2015)

lkl4300 said:


> Hi Any update on this? I also gone through the ACS assessment and in the experience summary they have added all my 8+ years of experience, but the met date is only 2 years from the start date of my career. Will I get the maximum points (for 8+ year)? If 8+ years is considered then I am eligible for the Visa, what should I do now?


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## Pareet (Aug 23, 2015)

safeerkhan said:


> Danishmoosa,
> 
> I am in the same boat as you are. My skill requirement met date is January 2007 to November 2014. Which gives me 7 Years 11 months.
> 
> ...


Hi Sam, how did it go?


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## althafhasan (Jul 27, 2015)

mutufaz said:


> Thanks for the prompt reply lkl ,,,i am thinking of getting my experience reviewd as 2 years of experince wasn't accessed by acs


Mutufaz,

What is the outcome? Did you get the visa? Did you get 15 points or 10 points? Did they consider your 5.2+ years of experience or 3.2+ years of experience. Please explain briefly.


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## Maggie-May24 (Jul 24, 2011)

ACS criteria is very specific. If you have a degree that is ICT related, then that degree PLUS 2 years relevant work experience is required for a positive skills assessment and you can only claim points for experience AFTER that point. If you ignore the ACS criteria and claim points for all your work experience your visa will almost undoubtedly be refused.


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## althafhasan (Jul 27, 2015)

Danish,

What is the outcome, I am too in the similar situation and ur information would be helpful for me.



danishmoosa said:


> I have similar question If you guys can be able to reply me i will be thankful
> 
> I have got ACS letter mentioning that my experience after December-2005 to Nov-2013 has been accepted as "software engineer". This makes around 7 years and 11 months experience. Nov-2013 is the time when I applied for ACS. I am doing the job still in same company and want to get maximum points (8 years)
> 
> Is it possible that in EOI and visa application we can add experience if last job mentioned in ACS is not changed?


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## althafhasan (Jul 27, 2015)

What is the outcome, I am too in the similar situation and ur information would be helpful for me.

Why dont you share the outcome and will be helpful for others.



dharmesh312 said:


> I have lodged visa application under skill select subclass 189 on 30-Oct-2013 for the occupation of 'Software Engineer' (261313). I received invitation on 7-Oct-2013. I applied for ACS Sill assessment on 26-June-2013 and received result on 25-Sep-2013. My problem is with the new rule of ACS Skill Assessment which indicates that 2 years from my total work experience will be deducted and only the remaining years of work experience will be considered for the points calculation. I was not aware of this new rule because the guidelines file from ACS was published on 30-Oct-2013 with the updated content, even though my result indicated skilled employment date which was 2 years later. I even clarified with the ACS regarding this date in my result. But I could not get clear explanation regarding it and I thought that the skilled employment date indicates only my eligibility date and it has nothing to do with my points calculation. The file which I referred for applying Skill Assessment did not contain any clarification of this new rule. By the time ACS published the new file, I had already lodged my visa application. I have total work experience of 4 years and 10 months till today. With this experience, I scored 5 points in the points test in my self-calculation and the total points resulted to 65. But if 2 years of work experience is deducted, I will not be eligible for these 5 points as my work experience would then be only 2 years and 10 months. I will be falling short of 2 months to complete 3 years of work experience in order to score 5 points. So the points will be reduced to 60. My case officer is not yet assigned. Does the case officer have right to overrule the decision of ACS skill assessment result according to which my 2 years will be deducted? I am worried whether my visa will be rejected because of this reduction in points or they will understand my unawareness because of the late publishing of the new guidelines file and consider my entire work experience after graduation. Please guide me for the steps I should take to avoid rejection and if my rejection is confirmed then what should I do next.


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