AndyBR Posted February 21, 2019 Share Posted February 21, 2019 Just now, Vishaal said: What are you going to do now ? Withdraw the application and start once again. Quote Link to comment Share on other sites More sharing options...
UKAUS123 Posted February 21, 2019 Share Posted February 21, 2019 On 20/02/2019 at 12:21, Tini365 said: Hi Guys, Our application has gone through to Further assessment. Since my last post my partner and I have had a bit of a shock. On the 29th Jan we were asked to organise our AFP, UK Police Check and also our health check. We thought, great, we are getting super close. We organised our AFP and got those back within a few days and managed to book our health checks in super quick. Both AFP and Health check came back positive and obviously no issues. We applied for our ACRO police checks and my partner had a bit of a shock when we got these back. She has "No Live Trace" on her police check. She remembered that she had 2 warnings for shoplifting in 2004 and referral order for carrying a novelty lighter with a serrated edge but didn't think these would appear because these took place when she was a minor. In 2012 my partner got a police check done for her job as an airline hostess and this came back clean. This check we now realise was not as in depth as an ACRO police check. My partner had the understanding that because this police check was clean that no records as a minor would affect her adult life. She used this same police check for her 1st visa here in Australia in 2012 which was a partner visa with her ex and she also used it for her 457 visa after she split up with her ex back in 2013. As soon as we could we submitted a notification of incorrect answers along with a copy of the old police check that we luckily had on file. We then submitted the Acro police check. My partner is feeling incredibly sad as this innocent mistake could cause immigration to invoke PIC 4020 which could be devastating to our application. I am still keeping positive as we are good people and we both have had a clean record in the UK and Australia since. There is nothing we can do to change this situation it is what it is. All I ask is for everyone to throw positive vibes in the air for us both and hope that immigration will take this information lightly and approve our visa. I'll keep you updated with our progress. Good luck everyone!!! Would it not be worth getting a Stat Dec signed by a JP? A bit like the Form 80 I did this before immigration potentially asked for it. Its another form of evidence to show you are of good character etc. See link below to the form: https://immi.homeaffairs.gov.au/form-listing/forms/character-statutory-declaration.pdf Hope this helps a bit! 2 Quote Link to comment Share on other sites More sharing options...
mukden Posted February 21, 2019 Share Posted February 21, 2019 23 minutes ago, AndyBR said: Withdraw the application and start once again. should contact your MA since they knew these requirements at first and they must find a best solution. Quote Link to comment Share on other sites More sharing options...
boo-yaa Posted February 21, 2019 Share Posted February 21, 2019 1 minute ago, mukden said: should contact your MA since they knew these requirements at first and they must find a best solution. This. Speak to an MA who will be able to establish the best path for you to take. Don't phone the IMMI helpline as they are prone to giving out false information. Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted February 21, 2019 Share Posted February 21, 2019 28 minutes ago, AndyBR said: Withdraw the application and start once again. Did you use a MA? If so, you need to speak with them - why would they submit your application knowing that you were not eligible with having less than 3 years experience?? Quote Link to comment Share on other sites More sharing options...
AndyBR Posted February 21, 2019 Share Posted February 21, 2019 5 minutes ago, mukden said: should contact your MA since they knew these requirements at first and they must find a best solution. 2 minutes ago, boo-yaa said: This. Speak to an MA who will be able to establish the best path for you to take. Don't phone the IMMI helpline as they are prone to giving out false information. They suggested this option, I don't have choice. Quote Link to comment Share on other sites More sharing options...
AndyBR Posted February 21, 2019 Share Posted February 21, 2019 1 minute ago, sydneyishuk said: Did you use a MA? If so, you need to speak with them - why would they submit your application knowing that you were not eligible with having less than 3 years experience?? My MA suggested this one year ago to proceed with the application even with less than 3 years of experience (considering the ACS assessment). I have more than 10 years of experience but the Department is relying only on ACS, so I don't have choice. Quote Link to comment Share on other sites More sharing options...
mukden Posted February 21, 2019 Share Posted February 21, 2019 (edited) 6 minutes ago, AndyBR said: My MA suggested this one year ago to proceed with the application even with less than 3 years of experience (considering the ACS assessment). I have more than 10 years of experience but the Department is relying only on ACS, so I don't have choice. Tricky that nomination was approved. However the next co holds a different point of view. not lucky enough Edited February 21, 2019 by mukden Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted February 21, 2019 Share Posted February 21, 2019 Just now, mukden said: Tricky that nomination was approved。but the next co holds a different view. Not tricky that nomination has been approved as separate from the application. He can submit new application still under the approved nomination as must apply within 6 months of Nomination approval 3 Quote Link to comment Share on other sites More sharing options...
AndyBR Posted February 21, 2019 Share Posted February 21, 2019 Just now, mukden said: Tricky that nomination was approved。but the next co holds a different view. 2 minutes ago, sydneyishuk said: Not tricky that nomination has been approved as separate from the application. He can submit new application still under the approved nomination as must apply within 6 months of Nomination approval Exactly. The main problem is that they don't want to look into other documents, only ACS. So, I will withdraw the application and apply using the approved nomination as @sydneyishuk mentioned. 1 Quote Link to comment Share on other sites More sharing options...
boo-yaa Posted February 21, 2019 Share Posted February 21, 2019 2 minutes ago, AndyBR said: Exactly. The main problem is that they don't want to look into other documents, only ACS. So, I will withdraw the application and apply using the approved nomination as @sydneyishuk mentioned. That's good No real harm done other than extending your waiting period a little. 1 Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted February 21, 2019 Share Posted February 21, 2019 2 minutes ago, AndyBR said: Exactly. The main problem is that they don't want to look into other documents, only ACS. So, I will withdraw the application and apply using the approved nomination as @sydneyishuk mentioned. Best of Luck AndyBR! Bit of a knock back but better than any further down the line 1 Quote Link to comment Share on other sites More sharing options...
Tini365 Posted February 21, 2019 Share Posted February 21, 2019 40 minutes ago, UKAUS123 said: Would it not be worth getting a Stat Dec signed by a JP? A bit like the Form 80 I did this before immigration potentially asked for it. Its another form of evidence to show you are of good character etc. See link below to the form: https://immi.homeaffairs.gov.au/form-listing/forms/character-statutory-declaration.pdf Hope this helps a bit! Thanks Buddy!! I'll have a chat to my MA about it Quote Link to comment Share on other sites More sharing options...
Vishaal Posted February 21, 2019 Share Posted February 21, 2019 1 hour ago, AndyBR said: Withdraw the application and start once again. Does it mean you need to spend money again regarding the application fee? Quote Link to comment Share on other sites More sharing options...
AndyBR Posted February 21, 2019 Share Posted February 21, 2019 3 minutes ago, Vishaal said: Does it mean you need to spend money again regarding the application fee? Unfortunately yes Quote Link to comment Share on other sites More sharing options...
shan4u Posted February 21, 2019 Share Posted February 21, 2019 Don’t worry about the years of experience as the “deeming date” given by ACS is only relevant for claiming employment for a points tested visa. For employer sponsored PR there is no deeming date and the three years’ experience can be the same employment as that used to meet the criteria for the skills assessment. Hope that makes sense! 1 Quote Link to comment Share on other sites More sharing options...
AndyBR Posted February 21, 2019 Share Posted February 21, 2019 4 minutes ago, shan4u said: Don’t worry about the years of experience as the “deeming date” given by ACS is only relevant for claiming employment for a points tested visa. For employer sponsored PR there is no deeming date and the three years’ experience can be the same employment as that used to meet the criteria for the skills assessment. Hope that makes sense! Not sure if you read the complete thread, but in my case they are considering only ACS to determine my experience, at the time that I applied I had less than three years of experience. Quote Link to comment Share on other sites More sharing options...
UKAUS123 Posted February 21, 2019 Share Posted February 21, 2019 37 minutes ago, Tini365 said: Thanks Buddy!! I'll have a chat to my MA about it Another thing to note that should make you feel a bit more positive about the situation is that my housemate had the exact same problem. She had been arrested at the age of 14 for shop lifting so her police check also said 'No Live Trace'. She is now 30 years old, and a really great genuine, trustworthy and hard working person! Her MA prepared a Stat Dec and immigration approved her visa with no other questions asked. 1 Quote Link to comment Share on other sites More sharing options...
shan4u Posted February 21, 2019 Share Posted February 21, 2019 11 minutes ago, AndyBR said: Not sure if you read the complete thread, but in my case they are considering only ACS to determine my experience, at the time that I applied I had less than three years of experience. I can only tell you mine , my total relevant work experience as per ACS during my visa lodgement in august last year was about 10 months . I had the exact same concern about 3 years WE req for DE and the above response is what i got from my MA before lodgement. so 3 years hard bound rule is either for TRT or point tested visa as its not substantiated for DE yet. Quote Link to comment Share on other sites More sharing options...
tuti Posted February 21, 2019 Share Posted February 21, 2019 1 minute ago, shan4u said: I can only tell you mine , my total relevant work experience as per ACS during my visa lodgement in august last year was about 10 months . I had the exact same concern about 3 years WE req for DE and the above response is what i got from my MA before lodgement. so 3 years hard bound rule is either for TRT or point tested visa as its not substantiated for DE yet. Hi all, I am sure it will be ok!! Do you know about driving offenses, if it's ok to apply for PR or citizenship with drinking driving for example? Thanks Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted February 21, 2019 Share Posted February 21, 2019 4 minutes ago, shan4u said: I can only tell you mine , my total relevant work experience as per ACS during my visa lodgement in august last year was about 10 months . I had the exact same concern about 3 years WE req for DE and the above response is what i got from my MA before lodgement. so 3 years hard bound rule is either for TRT or point tested visa as its not substantiated for DE yet. For DE it is a requirement to have the 3 years experience. Further back in this forum someones application was refused because they did not meet this criteria. Quote Link to comment Share on other sites More sharing options...
AndyBR Posted February 21, 2019 Share Posted February 21, 2019 (edited) 7 minutes ago, shan4u said: I can only tell you mine , my total relevant work experience as per ACS during my visa lodgement in august last year was about 10 months . I had the exact same concern about 3 years WE req for DE and the above response is what i got from my MA before lodgement. so 3 years hard bound rule is either for TRT or point tested visa as its not substantiated for DE yet. Do you think that withdraw the application and apply once again is not the best option? What do you recommend? I sent two times documents to the Department showing more than three years of experience and they are not accepting it. I sent diplomas from 2008, 2009 and my Bachelor Degree in 2015. I sent my CV, ACS assessment and documents supporting my previous employers. Edited February 21, 2019 by AndyBR Quote Link to comment Share on other sites More sharing options...
sachin1983 Posted February 21, 2019 Share Posted February 21, 2019 Hi Everyone, very much confused with this 2/3 years: Please find below screen shot and link (for TRT) so you need to have total 3 years experience but 2 years on 457 (if VISA granted before april 2017). https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186/temporary-residence-transition-stream for DE it is https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186/direct-entry-stream#Eligibility Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted February 21, 2019 Share Posted February 21, 2019 1 minute ago, sachin1983 said: Hi Everyone, very much confused with this 2/3 years: Please find below screen shot and link (for TRT) so you need to have total 3 years experience but 2 years on 457 (if VISA granted before april 2017). https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186/temporary-residence-transition-stream for DE it is https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186/direct-entry-stream#Eligibility TRT - under the old 457 Grandfather arrangement to be eligible for 186 TRT you needed to hold your 457 for 2 years. However after the changes must hold for 3 years. Under DE you need min of 3 years work experience when applying Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 21, 2019 Share Posted February 21, 2019 14 minutes ago, AndyBR said: Do you think that withdraw the application and apply once again is not the best option? What do you recommend? You mentioned earlier that you were using a migration agent, and he was the one who told you to apply with less than 3 years experience. If that's the case, and you are now having problems, you are entitled to go back to him to demand an explanation - at NO extra cost. 1 Quote Link to comment Share on other sites More sharing options...
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