Inadvertaint Error in EOI - Claimed work experience before skills assessment date

[ronnmann106]

Hey y'all,

I received my pre-invite for NSW 190 <Invitation to apply for NSW nomination>.


My mistake:

• When I was selecting the date range for the overseas skilled employment, i claimed the 'at least five years but less than eight years' option. This is true and had supporting documentation for this; HOWEVER
• in my VETASSESS Skills assessment, my 'start date' for my skill is one year after I actually started working. In my pre-invite and EOI, I wrote that my start date is 02/2011 but VETASSESS said my skills started at 02/2012).

Because of this, I have overclaimed 5 points. My current points is 90 (without state nomination) but the adjusted points (with the correct overseas skilled employment date) would be 85.

It was an honest mistake And now, I do not know what to do. Have I blown my chances? Have I wasted my $330 dollars? help!

 

[MysticRiver]

That's a bit of uncharted territory. If it were a few years ago, I would say your nomination becomes invalid because you overclaimed experience based on your skill assessment report. But I heard there has been some change in legislation that allows an applicant to claim more experience than what skill assessment authority deemed, as long as they are valid for point claim and the applicant is able to provide necessary documentation to DHA during visa processing stage.

I must say, it's all theory and I haven't heard from anyone who has successfully done that.

 

[Vmann106]

That's a bit of uncharted territory. If it were a few years ago, I would say your nomination becomes invalid because you overclaimed experience based on your skill assessment report. But I heard there has been some change in legislation that allows an applicant to claim more experience than what skill assessment authority deemed, as long as they are valid for point claim and the applicant is able to provide necessary documentation to DHA during visa processing stage.

I must say, it's all theory and I haven't heard from anyone who has successfully done that.

I saw that too that if its an inadvertent mistake or that they may consider that extra claim it if its properly substantiated however i cant seem to find an actual ruling. I called the hotline and they said no. If the eoi is wrong the invitation will be rescinded. We will wait and see after 6 weeks what happens.

 

[Clemente]

Hi Ronnmann

As you might have seen in my other post, I am in the exact same situation. But what MysticRiver kindly points out in his post above does not apply in our case. There are basically two steps under the 190 Visa after EOI: 1) State/Territory Nomination and 2) Visa. What MysticRiver refers to is for step 2. But you have to go through step 1 first, and each state has their own rules. In our case, NSW has very clear rules in which you are not able to claim points for job experience deducted by your assessing body. If you have done so, they explicitly as you should not accept the nomination and submit a new EOI and wait for a new invite.

You say you have paid the $330 - have you already accepted the nomination?

Regards

 

[ronnmann106]

Hi Ronnmann

As you might have seen in my other post, I am in the exact same situation. But what MysticRiver kindly points out in his post above does not apply in our case. There are basically two steps under the 190 Visa after EOI: 1) State/Territory Nomination and 2) Visa. What MysticRiver refers to is for step 2. But you have to go through step 1 first, and each state has their own rules. In our case, NSW has very clear rules in which you are not able to claim points for job experience deducted by your assessing body. If you have done so, they explicitly as you should not accept the nomination and submit a new EOI and wait for a new invite.
View attachment 4378


You say you have paid the $330 - have you already accepted the nomination?

Regards

Hi Clemente!
I already got my nomination!

So what I did was this:

as soon as I saw the error after i paid the $330, I amended my EOI and threw caution to the wind. After a week, I receive my formal invitation and the points score is correct, that is, it reflects the points score when I amended my EOI. So my invitation and my amended EOI have the same points. I'm now applying as soon as I get money.

 

[Clemente]

Wow.. that’s interesting. I have sent you a PM to your profile. Would love to speak with you if that’s ok, to see exactly what you have done and see if I could do the same.

 

[Clemente]

Hi everyone - just posting an update in here in case anyone reads the above.

I have done the same as what ronnmann indicated above and my nomination was not allowed to proceed, so I wouldn't recommend anyone taking chances like this.

The good thing is they have allowed me to "withdraw" the application instead of having it refused, which enables me to still be considered in future rounds of invitations with a new EOI (which I have already submitted). Of course, the $330 processing fee is non-refundable so I lost that money.

 

[Smriti]

Hi Clemente,

I made the same mistake by claiming additional points in my EOI and received my invitation for State Nomination but not in a position to proceed.
I understand that every case is different, but was curious to know how things went with your case. Did you receive a second invite for nomination ?

 

[JPP]

I am in a similar scenario, but I am already in the visa application stage.

So here’s what happened:

Pre invite for 95 pts NSW (11 May 2022)

Submission to RDA for nomination application (18 May 2022)

EOI Automatic Update (reflecting 5 additional points for employment expi - making my EOI claim to 100 pts) - 23 June 2022.

This may be assessed as overclaim by the CO because Vetassess subtracted 2 years from my work expi which I was not able to reflect accordingly in my EOI (inadvertent), hence I should only be skilled for 6 years and not 8yrs (therefore not eligible for the additional 5 pts from auto update). I should only be eligible for 95.

Official approval for nomination from RDA and official invitation for 491 Visa Application at 100 pts - 28 June 2022.

Currently, I am already starting to fill in the forms / prepare all docs for Visa Lodgement. Will be able to lodge in the next 2 weeks.

Is it worth it to push through with the visa application?

 

[Haruna]

Sorry for the situation you find yourself in. Don’t know if this will help or little too late.
I submitted my visa application without even knowing I had claimed points for education requirement which was 5points making my total score 95.
I got follow up request from the Case Officer that per checks I had not studied in Australia hence I’m not eligible for those points, so I either provide alternative additional five points or withdraw the application as it may be refused.
I had to go for letters from my former employers to increase my work experience from 6 to 8 years. Hopefully they may accept it. So it hangs in a balance now.
Hope this helps you in your decision making

 

[C0pper]

Sorry for the situation you find yourself in. Don’t know if this will help or little too late.
I submitted my visa application without even knowing I had claimed points for education requirement which was 5points making my total score 95.
I got follow up request from the Case Officer that per checks I had not studied in Australia hence I’m not eligible for those points, so I either provide alternative additional five points or withdraw the application as it may be refused.
I had to go for letters from my former employers to increase my work experience from 6 to 8 years. Hopefully they may accept it. So it hangs in a balance now.
Hope this helps you in your decision making

Hi Haruna, I'm in the same situation as you (but also kind of the same as the previous posts because I had claimed 8 years work experience when my VETASSESS skills assessment was only 6.94 years). I'm very much keen on learning about you're outcome as it seems on the more optimistic side. Do let us know if you receive a good feedback from the Case Officer. All the best to you and I hope you do get it!
Cheers

 

[Copper]

I am in a similar scenario, but I am already in the visa application stage.

So here’s what happened:

Pre invite for 95 pts NSW (11 May 2022)

Submission to RDA for nomination application (18 May 2022)

EOI Automatic Update (reflecting 5 additional points for employment expi - making my EOI claim to 100 pts) - 23 June 2022.

This may be assessed as overclaim by the CO because Vetassess subtracted 2 years from my work expi which I was not able to reflect accordingly in my EOI (inadvertent), hence I should only be skilled for 6 years and not 8yrs (therefore not eligible for the additional 5 pts from auto update). I should only be eligible for 95.

Official approval for nomination from RDA and official invitation for 491 Visa Application at 100 pts - 28 June 2022.

Currently, I am already starting to fill in the forms / prepare all docs for Visa Lodgement. Will be able to lodge in the next 2 weeks.

Is it worth it to push through with the visa application?

Hello! Might I ask if you were successful in claiming all 100 points during the visa processing stage? I’m in a similar situation and wondering if I’m at risk of over claiming points. Thank you and hoping for the best outcome for you!

 

[Charm0426]

Sorry for the situation you find yourself in. Don’t know if this will help or little too late.
I submitted my visa application without even knowing I had claimed points for education requirement which was 5points making my total score 95.
I got follow up request from the Case Officer that per checks I had not studied in Australia hence I’m not eligible for those points, so I either provide alternative additional five points or withdraw the application as it may be refused.
I had to go for letters from my former employers to increase my work experience from 6 to 8 years. Hopefully they may accept it. So it hangs in a balance now.
Hope this helps you in your decision making

Hi,

I made an error also in claiming 5 points for australian study requirement.i am not yet sending my visa application, so i plan to tick yes on the question in immi which asks if i want to change my claimed points and just claim 5 points for my husband's english competency

 

[vnlm22]

Hi, has anyone managed to obtain a positive outcome in their situations where they accidentally over-claimed points in their EOI that has already received nomination/invite to apply?

 

[teachv22]

Hi,

I made an error also in claiming 5 points for australian study requirement.i am not yet sending my visa application, so i plan to tick yes on the question in immi which asks if i want to change my claimed points and just claim 5 points for my husband's English competency

please do update if you have an outcome! keen to know

 

[lynz]

Hi all, just wondering if you have any outcomes from above post? I’m in similar situation but it’s an inadvertent error as I only need 65p on my EOI since I applied and got invitation from ACT matrix system. I have 3 jobs experience but only one is closely related to my nominated occupation (I have negative skill assessment for the first two jobs and the new one is only 3 months). My agent accidentally clicked “Yes” to claim one of the first two jobs as closely related to my nominated occupation, which may over-claim 5 point on my EOI. It’s an obvious typo error (as if we want to claim that 5’, we will click yes for 3 three jobs listed, and we also didn’t claim that job experience for ACT matrix system)
So we decided to lodge our application anyway. However, there are also some additional factors that backed our decision. Firstly I didn’t claim 5 point for PY which commenced around 2018 but finished around 2019. It is very unclear in the legislation whether or not you should start counting the 48 months from the date the course commences (expired on the date of invitation) or finishs (not expire yet). Secondly, although the first two jobs are not closely related to my nomination occupation, it’s in the same industry. It’s like entry level and my current one is senior level, so it can be argued as “part of a clear career pathway”. Additionally, I took an Naati test the day before I lodge my application so I may obtain 5p from that to replace the over claim point as well.
Lodging the application is the best option I have but still feel super nervous about this. If anyone can share their outcome, it would really help

 

[Keshani]

H

Hi,

I made an error also in claiming 5 points for australian study requirement.i am not yet sending my visa application, so i plan to tick yes on the question in immi which asks if i want to change my claimed points and just claim 5 points for my husband's english competency

Hi...did you proceed with your application? May I ask what happened? Thanks

 

[Keshani]

Hi Haruna, I'm in the same situation as you (but also kind of the same as the previous posts because I had claimed 8 years work experience when my VETASSESS skills assessment was only 6.94 years). I'm very much keen on learning about you're outcome as it seems on the more optimistic side. Do let us know if you receive a good feedback from the Case Officer. All the best to you and I hope you do get it!
Cheers

Hi Haruna....did you proceed with 5 more points?

 

[Keshani]

Sorry for the situation you find yourself in. Don’t know if this will help or little too late.
I submitted my visa application without even knowing I had claimed points for education requirement which was 5points making my total score 95.
I got follow up request from the Case Officer that per checks I had not studied in Australia hence I’m not eligible for those points, so I either provide alternative additional five points or withdraw the application as it may be refused.
I had to go for letters from my former employers to increase my work experience from 6 to 8 years. Hopefully they may accept it. So it hangs in a balance now.
Hope this helps you in your decision making

Hi Haruna. May I know what happened next?

 

[Keshani]

Hi all, just wondering if you have any outcomes from above post? I’m in similar situation but it’s an inadvertent error as I only need 65p on my EOI since I applied and got invitation from ACT matrix system. I have 3 jobs experience but only one is closely related to my nominated occupation (I have negative skill assessment for the first two jobs and the new one is only 3 months). My agent accidentally clicked “Yes” to claim one of the first two jobs as closely related to my nominated occupation, which may over-claim 5 point on my EOI. It’s an obvious typo error (as if we want to claim that 5’, we will click yes for 3 three jobs listed, and we also didn’t claim that job experience for ACT matrix system)
So we decided to lodge our application anyway. However, there are also some additional factors that backed our decision. Firstly I didn’t claim 5 point for PY which commenced around 2018 but finished around 2019. It is very unclear in the legislation whether or not you should start counting the 48 months from the date the course commences (expired on the date of invitation) or finishs (not expire yet). Secondly, although the first two jobs are not closely related to my nomination occupation, it’s in the same industry. It’s like entry level and my current one is senior level, so it can be argued as “part of a clear career pathway”. Additionally, I took an Naati test the day before I lodge my application so I may obtain 5p from that to replace the over claim point as well.
Lodging the application is the best option I have but still feel super nervous about this. If anyone can share their outcome, it would really help

Hi, May I know if your application was approved?