dudeybear

Hi everyone

My husband applied for a 175 GSM but it was refused as his approved ACS assessment was not uploaded at time of application lodgement it was uploaded 2 weeks later(!).

Everything else was in place: passport, marriage cert, IELTS, quals - all certified.

My questions are:
Is there a time limit before we can reapply?
Does this refusal constitute a visa refusal (we've previously travelled to OZ on tourist visas without issue) and there's a question on the online form regarding visa/entry refusal - it's unclear whether we should say 'yes' because of the refusal of this application(?)
I understand that Police and health checks are done when requested by DIAC(?)
Can the Character reference (Form 80?) and proof of relationship (we've been married almost 9 years) be uploaded after the initial lodgement of application (?)
Anything else that I should be aware of ?

Any help in these matters would be greatly appreciated.

Dorothy

Hi everyone

My husband applied for a 175 GSM but it was refused as his approved ACS assessment was not uploaded at time of application lodgement it was uploaded 2 weeks later(!).

Everything else was in place: passport, marriage cert, IELTS, quals - all certified.

My questions are:
No, you can apply today if you have everything in order
You've already answered your own question. Your husband was refused a visa. The answer is yes.
Yes. Bear in mind that your police check and medicals are only valid for 12 months so don't do those until requested by a case officer
Yes. The rules are changing on 1 July to EOI. If you have everything ready then I would say apply before 30 June (Australia time, so 29 June UK time)
Everything that is required (with the exception of police checks and medicals) is required at the time of application. Upload everything as soon as you apply.

Bermudashorts

Not uploaded? As in you had it but didn't upload it or you didn't have it..? I always understood you had 28 days to upload bu tit is VERY clear that you have to have obtained the positive skills assessment at the time of application.

Not sure what is tripping you up with the question "have you ever been refused a visa?". You have just said you have been refused a visa so the answer is pretty obvious is it not?

mrsgreenstar76

+1

I was wondering if it was a case of hadn't received it but applied, or had it but didn't upload too.

dudeybear

Thank you all for clarify these issues - I'll explain and have 2 more queries for clarification if someone would be kind enough to reply.

RE: the assessment issue - We had applied for the ACS and had an assessment reference number but not an approved assessment - which we received and then consequently uploaded. A costly but genuine mistake - even though I'd noted it had to be there on lodgement (!).

We now have everything in place.

RE: Relationship - I'm still insure regarding the relationship evidence on lodgement - is the marriage certificate sufficient? or should we be preparing documentation for either lodgement or in anticipation of them asking for it (as with the health and police checks)?

RE: - refusal - will this initial refusal have any impact on this 2nd application?

Sorry to be thick - but after 1 costly error we're now doubting our ability to make a cup of tea ;-)

Thanks

Dorothy

Yes costly, but not really a genuine mistake if you acknowledge that you noted it had to be there on lodgement.

Yes. Your marriage certificate is sufficient.
No.

Just read thoroughly what you need to do and make sure you do it before you lodge your new applicatoin.

Dave1892

Bit confused by this. When I applied for my 176 the last page of the visa application recommended that you download now but does say you have 28 days to put your documents on. For instance it is only in the email received two days after application that requested Form 80 and the documents used to get skills assessed. This email also mentions the 28 days.

mrsgreenstar76

The OP didn't have a positive skills assessment at the time of lodgement. That is why their visa application was refused - not because of the 28 day rule.

dudeybear

Thank you for your responses. Much appreciated.

Bermudashorts

It also very clearly states at the beginning that you must have a skills assessment at the time of applying. OP did not, hence the refusal.

JustJulia

Hi Dudeybear

You need to make sure they formally close your application on their system before you re-apply other wise when you try to re-apply it will say you can't as there is already one open under your name in the system. I think they give you 28 days to produce further evidence before they close it so if you want it done before the 1st July changes email your case officer ASAP and ask if they can do it straight away so you can re-apply (hopefully they will do it within a few days)

The visa refusal will not affect you re-application but you will need to declare it in your new application when it asks if you have ever been refused a visa and explain why, including your 1st application reference number (there is also a similar question on Form 80).

I know you are kicking yourself for not getting it right first time, we made the same mistake with our IELTS results back in Jan and had to re-apply again last month!! Just have to be grateful you found out about this before 1st July Also they seen to be processing applications quite quickly at the moment so you might not have lost too much time...just your bank balance

Hope your re-application goes well
Justjulia

Dorothy

Their application is already closed. It's been refused, with no avenue for appeal, so therefore closed. And no, they will not be given 28 days to produce further evidence before they close it. The application was invalid from the start, was refused, and is now closed.

dudeybear

Thanks again - that's really helpful. Just starting to complete a new application so could do with some clarification on the visa refusal info!

Under the 'refused entry permit or visa' we've declared 'yes' then completed my husband's details, type of visa 'skilled' and the additional information (reason they've provided in their decision email to us)

For my own details does the visa type stay as 'skilled'? (as in the emaill it has me as 'second applicant' even though we're not using my skills for points)

Sorry for the questions - just don't want to get it wrong

cheers

Dorothy

The visa type for both of you is the same. You were both refused the same visa.

angry-ball

I don't know about that,
my application was classed as invalid because i made a mistake and uploaded the wrong documents, so DIAC sent me an email informing that my application was invalid and had been closed, they also said because application was classed as invalid i could get my application fee back. anyhow long story short, I immediatly emailed them and outlined how I made a mistake and said that I could upload the correct documentation immediatly if this was satisfactory. They responded immediatly saying to send on the proper documents and they would re-open my case so i sent them straight away, had the visa the next morning when i checked.