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EOI points overclaimed in error...what happens now?

EOI points overclaimed in error...what happens now?

Old Mar 14th 2010, 11:30 am
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Default EOI points overclaimed in error...what happens now?

Hi,

Does anybody have any experience of the following...

I have applied for permanent residency under the skilled migrant category.

I had a total of 120 points and 15 of those were because I had 6+ years experience in an area of absolute skill shortage....but...I hadn't realised that those years had to be full time hours. I have had periods of part time hours and when I've calculated it out I can only claim 5.75 years. This will cost me 5 points but more importantly it means that I was selected from the pool on the grounds of a false claim!! eeek!!!!

Does anybody know what they'll do? Will they kick my application out altogether or will they accept that it was a genuine mistake?

Thanks
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Old Mar 14th 2010, 8:30 pm
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Default Re: EOI points overclaimed in error...what happens now?

Don`t worry, they will recalc your points, submitted EOIs are full of misunderstandings and errors, that is why they pre-screen before sending out an ITA....
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Old Mar 14th 2010, 8:38 pm
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Default Re: EOI points overclaimed in error...what happens now?

They have already sent the ITA..that's why I'm so concerned.

I have family medicals booked for this week and they'll cost £1000. I don't know what to do...if we go ahead with them and then get kicked out because of my mistake it will be extremely costly.
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Old Mar 14th 2010, 8:51 pm
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Default Re: EOI points overclaimed in error...what happens now?

So it didn´t come out in the pre-screening. Well would you still have been selected from the pool with 115pts?? If so then it wouldnt have affected anything but a call to NZIS sounds your best bet for peace of mind....
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Old Mar 14th 2010, 10:44 pm
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Default Re: EOI points overclaimed in error...what happens now?

NZIS will only be able to calculate points when they receive the ITA back as no documents are sent in with the EOI. They assess EOIs on the info you have given, they have no way of knowing whether that information is correct until they receive your ITA.
I would ring NZ House asap and find out where you stand as you don't want to pay out for medicals just in case. It could be that you would have been picked out anyway at that draw [maybe have a check on the website and look at the draw you were selected from] and if that's the case then there may be nothing to worry about. Worst case scenario is that you will be returned to the pool. So yes get onto NZIS straight away to sort it out.
Best of luck, hope it turns out ok for you
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Old Mar 15th 2010, 12:44 am
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Default Re: EOI points overclaimed in error...what happens now?

When you say part-time. How part-time?

When you send in the ITA you will be sending in proof of work experience. This would include possible contracts of employment from your employers but it could include other items such as an NI employment history.

Originally Posted by NZIS
SM11.15 Additional requirements for recognition of work experience
  1. Work experience only qualifies for points if a visa or immigration officer is satisfied that the principal applicant's work experience is lawfully obtained.
  2. Work experience will not be recognised if it was gained while in a country where the principal applicant was either an unlawful resident or required authority to undertake employment, but did not have such authority.
SM 11.15.1 Part-time work
  1. Calculation of levels of work experience must be for complete weeks based on a 30-hour week.
  2. Credit is given for 30-hour weeks only, even though a principal applicant has worked more than 30 hours in any week.Example: Fifty-two 60-hour weeks are equal to one years work experience.
  3. Credit for part-time work experience may be given on a proportional basis.Example: Four years work experience for 15 hours per week is equal to 2 years work experience for a 30-hour week, and therefore qualifies for 10 points.
.

Last edited by BEVS; Mar 15th 2010 at 12:48 am.
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Old Mar 15th 2010, 7:10 am
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Default Re: EOI points overclaimed in error...what happens now?

My hours have varied over the past 5 years due to the nature of my job. I have had periods when I've worked, 24, 27 and also 30 hours per week.

When you do the calculations versus the 30 hours per week that they use, it brings my experience down to 5.75 years instead of 6 years 3 months.
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Old Mar 15th 2010, 10:46 pm
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Default Re: EOI points overclaimed in error...what happens now?

Good news is that it is still enough points .

If you have an ITA, then you have a case officer? You need to contact them and let them know , but explain how the nature of your occupation works.

Please do let us know how you get on.
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Old Mar 16th 2010, 10:00 am
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Default Re: EOI points overclaimed in error...what happens now?

Hi,

I've spoken to my immigration officer and he has been unbelievably helpful...not the bureaucrat that I had been dreading.

The only problem that I'm now faced with is that when they are proportioning my hours worked versus the target of 30 per week, they are sticking to the example that the guidelines quote of somebody working 15 hours per week, and they are halving my experience. So even when I've been doing 27 hours per week, which is not too much less than 30, they've reduced my eligibility by 50%! So they've actually calculated my eligible hours to be way less than 5 years and stripped me of so many points that I'm no longer eligible. Gutted.

I am trying to fight this (whilst not wanting to get on their nerves) as I think that they are wrong. To me, proportioning does not mean chop it in half, it means ratio it according to what has been worked versus what is required to have been worked?? Am I wrong or right?...we'll see what they come back with today.

Watch this space.
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Old Mar 16th 2010, 10:45 am
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Default Re: EOI points overclaimed in error...what happens now?

Originally Posted by Suesherr View Post
I am trying to fight this (whilst not wanting to get on their nerves) as I think that they are wrong. To me, proportioning does not mean chop it in half, it means ratio it according to what has been worked versus what is required to have been worked?? Am I wrong or right?...we'll see what they come back with today.

Watch this space.
I agree with you, they may be stuck on the maths and clinging to the example in the text as it is easy, divide hours by two = divide experience by two, try approaching it with the calc done, ie 27hrs per week for one year = 0.9yrs experience (as 27 = 0.9 x 30hrs), work it all out in detail and present them with your calc according to their rules, it may be easier for them to work with.... just a thought.
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Old Mar 16th 2010, 10:57 am
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Default Re: EOI points overclaimed in error...what happens now?

Hi,

I did that last night, just waiting for their response. I don't want to patronise them too much incase they just stamp my file 'rejected' for being too stroppy! haha

I'll feed back what happens.
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Old Mar 16th 2010, 3:04 pm
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Default Re: EOI points overclaimed in error...what happens now?

If you do have further problems, I would really really recommend a trip down to NZIS in person if you can.
I had problems with my case officer not recognising my quals and threatening to strip my points for having a profession in an area of long term skills shortage. When I went down ti NZIS in person the lovely chap that I spoke to had a look at my case and said he could see where my case officer was coming from but said that he personally would have accepted my degree and that he would have a word with my case officer directly.

Maybe if you went down yourself you would be able to explain it better than you could in email (I know that's how I work!) and it may help.
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Old Mar 16th 2010, 3:31 pm
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Default Re: EOI points overclaimed in error...what happens now?

Originally Posted by Suesherr View Post
Hi,

I did that last night, just waiting for their response. I don't want to patronise them too much incase they just stamp my file 'rejected' for being too stroppy! haha

I'll feed back what happens.
Yes I can see that but the manual does says "proportion" and gives one example, to interpret that example as the only proportionment seems very tight and overly literal to the point of not following the actual rule....but you know that - good luck!
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Old Mar 16th 2010, 7:54 pm
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Default Re: EOI points overclaimed in error...what happens now?

Hi,

Quick update. The Immigration Officer has accepted my argument and has reinstated my points. Hoorah! So it's all systems go again.

The only thing is that I was selected from the pool out of turn because I overclaimed for my work experience, so I have to sit tight and wait until the selection criteria matches my case before I submit my application...but hey I can do that now that I know we have a good chance of success again.

Thanks for all your tips.

X
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Old Mar 16th 2010, 8:18 pm
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Default Re: EOI points overclaimed in error...what happens now?

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