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Note: This FAQ is being prepared for general reference by Mr. Ajay Sharma, Principal consultant, ABHINAV (email@example.com)and is not meant as legal advice or opinion. Applicants should use the information as a reference tool and where required check with other agencies or professionals.
Question 1: What is the validity period of the invitation and what happen after the invitation expires?
The validity of the invitation is 60 days and application should be filed with department of Immigration within this time frame
If the profile is not picked up within 2 years of submission of the EOI, the EOI application will lapse and it will be removed from the database.
Question 2: Can prospects apply with 60 points even he/she score zero points in IELTS.
Yes. He can apply under such a situation.
Question 3: In subclass 489 if a person complete his stay of four year in Australia, can he get a PR within that 4 years and incase he do not get a PR then what happens?
Most important in this case is that he has been living and working in the identified state/region for at least 2 years in the relevant profile. He can make a Permanent R application after 2 years and if likely to get the PR visa if he has a job working in the state and if he has not committed any illegal act during the advised period. Where he breaks the terms of 489 visas, he will not be granted PR.
Question 4: Do we need to do an EOI and a state sponsored simultaneously?
One files an EOI application and state sponsorship and once state sponsorship is approved, then EOI is updated. Based on these actions, DIAC will proceed to issue an invite.
Question 5: Is job offer required for subclass 489?
You will need to check specific state requirements in this context. Some states may require a validated Job offer from state sponsorship under sub-class 489. For example, a validated job offer is required to get state sponsorship.
Question 6: Can we change visa subclass once EOI is lodged?
Yes. This is possible. EOI can be updated with any information during the 2 years period.
Question 7: Should ACS and IELTS be valid at the time of invitation?
Yes. But considering that EOI will be retained in the pool for 2 years, this is not likely to be a problem area for most applicants. However, in cases where people have gone through the skills assessment/IELTS much before lodgment of EOI, this could be an area of concern, especially for IELTS. This also means that EOI should be filed in as soon as the IELTS results and skills assessment is available. Where decision is not taken within 2 years, then application will cease to be part of EOI pool anyways. ACS skills assessment will also expire after 2 years and if interested to re-file, the applicant will need to get assessment done. He will also need to file a fresh EOI application.
Interestingly, EOI form makes a mention of IELTS report which is valid for 36 months but IELTS report carries validity of 2 years!
Question 8: Is there separate list of occupations for State sponsored and Regional sponsored, or should we follow one list?
As of this moment we have 2 kinds of occupations lists – One is occupation lists with Schedule 1 and 2. For independent skilled migration, occupations mentioned in both the schedules can be mentioned. For state sponsored and regional programs, only Schedule 2 occupations can be followed. In addition, it is required that – in case of state and regional programs – claimed occupation is also mentioned in state/regional lists. So for independent skilled migration, you will refer to occupations mentioned in BOTH Schedule one and 2 lists and for state/regional sponsorship, you will make reference to Schedule 2 AND state lists.
Question 9: What is the basis of selection from EOI is it purely based on points?
It is based in ranking within the pool which will keep on changing. Considering that an EOI application can be viewed by employers/state/federal agencies – the EOI may not purely be based on points. If an employer or state likes a profile that is much below in the pool ranking, it will still be selected. BUT all selected profiles must meet the minimum point’s applicable points criteria – 60 or 65 points – as the case may be.
Question 10: How the application shall be picked up from the EOI pool and the approximate time frame?
The application will be in the pool for 2 years and can be picked up at anytime during the 2 years period.
The application will be picked up from the pool depending on WHEN it is picked up and shortlisted by an employer/state/region/federal agency.
The application will be ranked by the number of points that an applicant is getting. The ranking will keep in changing as new applications keep on coming in the pool. So some application that are getting higher points (65 points or above) will be ranked higher. Ranking may at times be determined by the occupation to which an applicant belongs to and those belonging to extreme shortage occupation may be ranked higher.
There is NO approximate time frame that can be committed to an applicant. He can be picked up any time or not picked up at all during the 2 years period when he will be in pool. If he is not picked up, he loses money spent on Skills assessment and IELTS test and what he has paid to us as consulting fee.
Question 11: The states keep on the changing the regulation and If the EOI is applied today with an one set of requirement then what will happen if it takes long time and the state conclude the quota or change any requirement?
Broadly states follow the guidelines fixed by Federal/Central Government except for choosing the Occupations they prefer for sponsorship and the IELTS test requirement for each occupation. BUT for these 2 areas, states cannot do much about “regulatory” changes. Remember, that ultimate visa is issued by federal/central government, irrespective of state/regional government guidelines.
Question 12: Is occupation has no meaning in case of a relative sponsorship?
The applicant should belong to either Schedule 1 or Schedule 2
Relative should be staying in the designated area
Question 13: Is Sub-class 489 a four year or 3 year visa? The client shall be eligible to apply for the PR visa based on the current regulations or the one that will prevail after 3 or 4 years? Will he be applying prior to his visa expiry?
489 is a 4 years visa
Client will be eligible to apply for PR as per regulations that are applicable at the time of making the PR application.
He can apply after 2 years for PR after landing in the state/region but before end of 4 years when his visa expires.
Question 14: In state sponsorship the Principal Applicant, wife and children will live and work in the particular state but can children take studies outside that state?
It is highly unlikely that benefits of subsidized education will be available outside states that have sponsored the applicant. The family should stay in the designated state/region for which specific visa was granted.
Question 15: What to do in case one faces technical issues while making use of SkillSelect?
In such cases, the applicants should visit the Support page of the SkillSelect and press the button meant for ‘SkillSelect Support’. It will offer comprehensive data which includes SkillSelect user manuals, technical FAQs, etc. Please note: The candidates will only have a single login capacity to access their EOI account. They may only mention ONE e-mail address to be in contact with SkillSelect for any invitation purposes.
Question 16: What is the required pass marks meant for the visas which are points based?
Visa subclasses 189, 190 and 489 – 60 points;
Visa subclasses 885, 886 and 487 - 65 points;
Visa subclass 188 (business innovation & investment visa) - 65 points
Question 17: Who accesses the particulars of the SkillSelect’ candidates?
This depends on the choices(s) made by the applicants’ in the EOI application. In case an aspirant settles for an employer sponsored or state or regional visa, his submitted profile in the EOI pool can be assessed by employers/state/regional. In case an aspirant settles for the independent or family sponsored visas, their particulars will exclusively be made use of by SkillSelect.
Question 18: Can an applicant present an EOI, though he is not through with a language test for English & skills assessment from the relevant body?
Prior to presenting a completed EOI, and in case he is pre-setting an EOI for a visa which is points based, he should have been through with a test for English language and skills evaluation. Though it is not necessary to attach the relevant papers to the EOI, the candidate would do well to furnish correct data in his EOI. This should not be different from the one on the supporting papers.
Question 19: Is it possible to discover ranking of a person, keen in a points-based visa, in the EOI pool?
It is not possible. Ranking position keeps changing with the filing or withdrawal of other EOIs from the SkillSelect.
Question 20: Can a person present an EOI in Australia?
Yes, provided he fulfills certain criteria. The EOI is not a visa application, and he would not be offered with a bridging permit/visa. In case he is offered with an invitation to file a visa application, he should fulfill the requirements to have that permit/visa.
Question 21: Is it mandatory for the aspirants to offer a written statement in their EOIs?
No; the EOI will ask questions--the basis of which will be the visa(s) the aspirants could be keen in. Their replies will carry sufficient data for their EOIs to be successfully filed.
Question 22: In case an aspirant is not sent an invitation, can he suitably be paid back for the skills evaluation & the language test for English?
No assurance whatsoever exists that just filing an EOI will lead to an invitation. The applicants have to bear the costs while preparing their EOIs and if the application is not picked out of the pool, then he will not get refund of costs incurred in giving IELTS test and skills assessment.
Question 23: What in case situation, circumstances or information related to the applicant changes after the filing of his EOI?
He should bring up to date his EOI to show any recently acquired qualification or experience he may have pocketed even while the SkillSelect will take a note of it and, in case suitable, will automatically bring up to date his position.
Question 24: In case an invitation is not mailed to file an application for visa, will the aspirants be permitted to review rights?
No; the reason being the review process is meant for only qualified persons whose applications for visa have been rejected. In this instance, EOI is not a visa application.
Question 25: Are there other platforms one may use for the posting purposes?
No. All EOIs must be presented online using only SkillSelect. Those who are sent in invitations to apply for a permit/visa, the particulars furnished in the EOI will be used as part of their applications. The candidates must suitably substantiate their claims and present proof when they duly apply.
Question 26: Can the services of an immigration consultant of Australia be used for filing the EOI application and, if application is selected out of the EOI pool, for rest of the immigration process?
Yes. The candidates are at a liberty to do the same. They may use the services of an immigration agent to help them with the EOI submissions.