Claim future point or point replacement after invitation

[Dariush]

Hi,
There is a question I need to ask. I have currently 55 points and have sat NAATI exam, but I haven't received its results yet. You may know that it takes up to 10 weeks and the problem is that if I wait that long my current visa will have been expired by then. So, I need to submit my EOI ASAP. In this regard, I need to know whether it is safe to tick having "credentialled community language accreditation" in the EOI and then after receiving the invitation, hopefully, the NAATI results will have come out (I am almost sure I pass).

The only thing that worries me is the term "at the time of invitation" in booklet 6 which have been discussed in one of Acacia newsletters. This way the applicants are required to possess that entity which brings point for them (as is written "have had obtained accreditation at the time of invitation").

Do they check the date of eoi submission, invitation, or visa lodgement, and compare it with the date of NAATI result letter.

Please note that for NAATI there is only a tick in EOI as opposed to IELTS which needs all scores plus TRF number. That is why I hope NAATI is checked weaker than others (IELTS, assessment)

 

[MysticRiver]

At the time of invitation means the day you'll receive your invitation, not the date of EOI submission. So, as long as you received your NAATI result before you get invitation, you should be okay. But if you get invitation before, that will not be counted (so just ignore that invitation, don't accept and lodge a new one).

 

[Dariush]

Thank you very much for the reply. That is a smart way of managing chance and risk. Thank you.

 

[Dariush]

Unfortunately, the NAATI officer has advised me that the results will not come out before Christmas due to holidays. She said that my results will probably appear after 18 Jan, yet there is no guarantee. So what should I do in this situation since my current visa expires at the end of January, and hence the timeframe is incredibly tight.

 

[MysticRiver]

Well, even had you received your NAATi result before Christmas, there were no guarantee that you would get invitation within Jan (provided that you'd have 60 points, and for some occupation it takes months to receive invitation with 60 points). So I'd suggest you look for visa extension.

 

[MysticRiver]

Also, if you receive invitation within Jan, how will it help you with your current Visa (from invitation to PR grant, it takes few months to few years)?

 

[Dariush]

My occupation is Mechanical Engineering and I have heard that it is ok at the moment and applicants with 60 points will receive an invitation within a couple of rounds. And since I am on 476 visa at the moment, if I get an invitation and then I lodge before the expiry of my visa, I will obtain a bridging visa which lets me to stay and work in Australia until the PR visa outcome appears. Isn't it correct?

 

[MysticRiver]

My occupation is Mechanical Engineering and I have heard that it is ok at the moment and applicants with 60 points will receive an invitation within a couple of rounds.

Then it's good. As DIBP doesn't reveal occupation wise invitation result, you can only take words from what others have seen.

And since I am on 476 visa at the moment, if I get an invitation and then I lodge before the expiry of my visa, I will obtain a bridging visa which lets me to stay and work in Australia until the PR visa outcome appears. Isn't it correct?

Yaa, for 476 visa I think so.

So, bottom line is, if you receive your NAATI on 18th Jan, most probably you'll get maximum 1 round (I am assuming you are applying in subclass 189) within 31st Jan. So you have to hope that you'll be lucky enough for that one round.

Or, you can just apply in subclass 190 with 5 extra points for state sponsorship (if you receive your invitation for subclass 190 EOI, you can still wait for your subclass 189 outcome as you'll have 60 days to accept the invitation).

 

[Dariush]

Thank you for the response. Are you sure that for state nomination I still will have 60 days after the invitation to lodge? I know that for 189 visa it is 60 days. However for 190 visa I have heard that only 10 days are given by the state to submit the application after the invitation.

Another concern is that not lodging an application for an issued invitation might be a negative point for the next EOIs? Can it be true?

 

[MysticRiver]

However for 190 visa I have heard that only 10 days are given by the state to submit the application after the invitation.

I am not aware of any restriction for accepting state sponsorship imposed by the state. May be you can just check their website.

Another concern is that not lodging an application for an issued invitation might be a negative point for the next EOIs? Can it be true?

Definitely not. Only things that matter are your point and date of submission.

 

[Dariush]

Thank you for the response. I checked a few web pages. I found that for example NSW has got a nomination process as well between EOI submission and invitation which takes 12 weeks itself. So 190 would not be a good option for me since it takes much time. The hope would be in reaching 60 points when the invitation of 189 is hopefully going to be issued sooner.

What do you think about claiming a bit more work experience. I have ticked some of my research and teaching experiences (in the field of mechanical engineering) as irrelevant. Do you think if I can change my EOI and tick it as relevant and then when the evidence is not enough for them to assess it as "at least three years of relevant skilled experience", then at that time the NAATI result must have come out. So will this 5 points from NAATI (which has been obtained after visa app lodgement) compensate that 5 points which lacks evidence? Or they reject the application due to lack of evidence of what points has been claimed for?

 

[MysticRiver]

What do you think about claiming a bit more work experience. I have ticked some of my research and teaching experiences (in the field of mechanical engineering) as irrelevant. Do you think if I can change my EOI and tick it as relevant and then when the evidence is not enough for them to assess it as "at least three years of relevant skilled experience", then at that time the NAATI result must have come out. So will this 5 points from NAATI (which has been obtained after visa app lodgement) compensate that 5 points which lacks evidence? Or they reject the application due to lack of evidence of what points has been claimed for?

Nope. During the visa processing, they'll only validate the claims you made in your EOI, no amendment/modification is allowed in EOI after you receive invitation. Also, all points claimed has to be true at the date of invitation (no matter if they were true before or after that day). So, anything you receive after invitation will not be eligible.

Also if you fail to comply with any claim you made in EOI, you can face multiple years' ban in the process (if they think you did it on purpose), or at the least a rejection of the application (if you can assure them it was a mistake).

In any case, I don't think there is any chance of "point replacement" (and that's a fair judgement because that means on the date of your invitation someone else was worthier than you and yet you received the invitation instead of him).

 

[Dariush]

Ok, Yes that's true and makes sense. Thank you for all the help and support.

 

[Pallavi]

At the time of invitation means the day you'll receive your invitation, not the date of EOI submission. So, as long as you received your NAATI result before you get invitation, you should be okay. But if you get invitation before, that will not be counted (so just ignore that invitation, don't accept and lodge a new one).

What if I have results and recommendation letter before invitation, but I have applied accreditation and got my invitation. Will it be an issue?

 

[MysticRiver]

Not sure what you are asking. Simply put, all the point claims must be true at the time of invitation.

 

[Sach24]

Hi I have passed my NAATI exam but I will get my accrediation letter from NAATI in 1-1.5 months. So, according to law, can i update my EOI to claim points? I will have my NAATI accrediation letter before my invitation. So do they check EOI date or invitation to compare with NAATI result. Everone is giving me different advice on this. please help.

 

[MysticRiver]

Depends on what date will be mentioned in your accreditation letter.

You can try to ask for a soft copy from NAATI

 

[Reggie]

Hi,
There is a question I need to ask. I have currently 55 points and have sat NAATI exam, but I haven't received its results yet. You may know that it takes up to 10 weeks and the problem is that if I wait that long my current visa will have been expired by then. So, I need to submit my EOI ASAP. In this regard, I need to know whether it is safe to tick having "credentialled community language accreditation" in the EOI and then after receiving the invitation, hopefully, the NAATI results will have come out (I am almost sure I pass).

The only thing that worries me is the term "at the time of invitation" in booklet 6 which have been discussed in one of Acacia newsletters. This way the applicants are required to possess that entity which brings point for them (as is written "have had obtained accreditation at the time of invitation").

Do they check the date of eoi submission, invitation, or visa lodgement, and compare it with the date of NAATI result letter.

Please note that for NAATI there is only a tick in EOI as opposed to IELTS which needs all scores plus TRF number. That is why I hope NAATI is checked weaker than others (IELTS, assessment)

Did you go on to tick the box before getting your results? I'm in the same position and stuck right now.

 

[riyasahmedca]

Hi Mystic,

I have submitted my EOI with 85 points for 233512 category(Mechanical Engineer). Would I be able to claim 5 more points by passing the Credential Community Language assessment?

Thank you,
Riyas Ahmed

 

[MysticRiver]

Have you appeared in NAATI (CCL)?