IQnewswire 
It can be extremely frustrating to have to wait months awaiting a skills assessment only to be told that you have been refused in a letter of rejection; more so when you have been hoping that a positive skills assessment would win your lottery of migration. And there is good news that if it is rejected, it may not be the end of your Australian skilled migration journey. And it is imperative to understand why it occurred and what you can do next so that you can get back on track.
The following is an in-practical guide to actually enable you to comprehend the reasons for frequent rejections, review or reapply, provide further evidence, the effects of adverse influences on visa timescales, and when to seek counsel of experienced Work Visa Lawyers or Immigration Lawyers.
Why Skills Assessments Fail
Assessment of Australian skills assessments carried out by assessing authorities requires very strict evidence to show that your overseas qualifications and working experience satisfy the required standards. Unless your submission fulfils all the requirements, you may end with either Not Suitable or Unsuccessful. A failed outcome is generally an indicator that the authority that was assessing you has determined that your documentation or evidence is not enough to demonstrate that your skills are relevant to the nominated occupation.
It is an assumption of some applicants that you only have to have the qualifications and experience, but the assessing bodies will strictly match your profile with the ANZSCO occupational requirements, which specify in-depth knowledge, skills and experience requirements.
Common Rejection Reasons
Qualifications and Lapses in Experience
Poor or lack of adequate work experience is one of the most common reasons for rejection. The assessors seek post-qualification experience that complies with the requirements of the nominated occupation. When your employment references are ambiguous, do not explicitly reflect the responsibilities in the ANZSCO description or are not detailed enough about your position, this may lead to a backfiring event.
On the same note, your qualifications should be accepted as equal to those of Australia in your nominated occupation. In case of a mismatch of your degree or diploma, or the lack of adequate evidence on how your formal education is linked to the demands of the occupation, the application can be rejected.
Documentation Issues
Incomplete, ambiguous or poorly produced supporting documents (e.g. reference letters with no official signature, lost pay slips or ineffective job descriptions) are often a reason behind rejections. Applications can be refused as well by assessors in cases of missing key documents or failure of documents to clearly demonstrate dates of employment and responsibilities.
Nomination and ANZSCO Mismatch
Another pitfall is to pick an occupation code that is not related to your real responsibilities or nominating an occupation that does not match your responsibilities. Assessors contrast your recorded work tasks against the ANZSCO skills description, not only against your job title, but a discrepancy will tend to lead to a negative ruling.
Review vs Reapplication: Making the Right Choice
To have your skills evaluation denied, there are usually two ways of response: to seek a review (or an appeal) or to resubmit with a better application.
Request a Review
Most of the evaluating authorities permit applicants to demand that the decision be reviewed or reassessed. As an example, several authorities allow a review during a given period (usually not longer than 90 days after the initial decision) and request you to provide new evidence or clarified evidence. The reviews are performed by another group of people, not the ones who initially reviewed your paper, and it is a chance to present certain issues, which were listed in your rejection letter.
In case you have more plausible sources to offer or can relate directly to the causes of refusal (like a betterment of references or documentation addition), a revised decision might be arrived at after a review without necessarily having a complete reapplication. Also, the assessing authority will be updated on the specific timeframes and requirements, and these can be found on the assessing authority’s site.
Reapplication
Where a review is inadvisable (e.g. where the deadline has now elapsed) or where your original application was at fault, then re-application might be the next best thing. This includes preparing an application containing more solid and transparent evidence, adequately customised job references, and a complete record of qualifications. In other instances, maybe you should rethink your chosen occupation and decide on one that is better aligned to your skills and experience, and that may increase your likelihood.
Reapplication, in most cases, implies additional initial effort, yet your subsequent application will be well-organised and oriented towards the requirements of the body to which you are applying.
Making Your Case Stronger
The second opportunity is that you need to strive to get everything better with your submission. This is the number of successful applicants reinforcing their applications:
Elaborate References of Employment
The reference letters must indicate clearly your:
- Title of job and the employer information.
- Start date and end date (day, month, year).
- Specific tasks matched the description of ANZSCO.
- Direct supervisory contacts to be checked.
Frequent reasons for rejection are generic or brief letters – the assessors have to observe that your work is actually the outcome of the occupational demand.
Certified Qualifications
Ensure that your degrees, diplomas and transcripts are:
- Authenticated by a recognised individual to be true copies.
- translated by some recognised translator (unless originally in English).
- aligned to the Australian Qualifications Framework where applicable.
Well-documented documentation is clear and well-certified and will lessen the level of ambiguity and enhance the level of confidence that assessors have in your claims.
Correct ANZSCO Code
It is important to take time and match the ANZSCO occupation definitions properly with your experience and select the code that most accurately reflects your role and not just your job title. When assessors do not match, it is usually difficult to ignore.
Impact on Visa Timelines
Rejected skills assessment in the past can hold up your skilled visa pathway for a long time, since most of the points-tested and employer-sponsored visas are subject to a positive skills assessment before you can submit an Expression of Interest (EOI) or visa application. As an illustration, visas such as the Skilled Independent (subclass 189), Skilled Nominated (subclass 190) and Skilled Work Regional (subclass 491) require a valid assessment that adds points to your score. Late, missing or negative assessment can postpone invitations, or even reopen your eligibility period.
The result of the assessment may have an impact on your points score, particularly where it influences work experience or qualification points claimed, resulting in an influence on your Minimum Points Test result and age-related points. It is important to plan out your application schedule with these factors in mind.
When to Seek Legal Advice
If your occupation is complex, your documentation situation is confusing, or you’re not sure whether to pursue a review, reapply, or explore alternative pathways, professional guidance can make a significant difference.
When your job is complicated, your case on documentation is messy, or you are unsure about whether to seek a review, resubmit, or seek other avenues, expert advice can be of great help. Experienced immigration lawyers and work visa lawyers may:
- Interpret the rejection reasons legally.
- Guideline to specific assessing authorities on evidence expectations.
- Assist in making review or reapplication papers.
- Address visa strategy, particularly where a visa application was already in progress or time sensitive.
It is always a good idea to consult a legal expert at the outset, especially when time constraints are involved, or your profession has some intricate standards (e.g., engineering, IT, healthcare), as it will be easier to win the case and reduce expensive hold-ups.
FAQs
1. Can I request a review of a rejected skills assessment?
Yes, the majority of assessing authorities permit a review within specific timeframes (usually approximately 90 days) and permit further evidence.
2. How long do I have to reapply after rejection?
The time is dependent on the authority, although you are supposed to reapply when you have reinforced the supporting evidence. In case of some bodies, within one year, reassessment requests may be made.
3. Will strengthening documents make a difference?
Surely, yes, straight, thorough and provable (or at least, employment references and qualifications) greatly increase your chances of success.
4. What happens if my ANZSCO code is wrong?
Deviation between responsibilities and the nominated ANZSCO code is usually rejected. This should be rectified in a reapplication or review.
5. Should I get help from Work Visa Lawyers or Immigration Lawyers?
Yes, particularly in complicated situations, when you have a high deadline, or your preliminary rejection was based on subtle technical factors, legal advice would help with strategy and evidence drafting.
