Question of the Week



What to do when for a subclass 190 visa application, Registration of Interest (ROI) and Expression of Interest (EOI) do not match the related occupation?

Category: Visa for Australia

Question asked

I was recently invited to apply for the VIC subclass 190 visa, which was fast-tracked for my nominated occupation of 241411: Secondary School Teacher. However, now that I am applying for the visa, I have realized that I claimed points for my 5-year experience as a class teacher (241213: Primary School Teacher), which is not a closely related occupation.



I am considering withdrawing my ROI and submitting a new one under a new EOI in the hope of receiving another invitation, as teachers are a priority occupation in Victoria. Is it possible to receive another invitation once I withdraw my previous nomination?



As I have not yet submitted my visa application, what is the best course of action to proceed with this visa? I do not want this invitation to go to waste.



Can I make up for the 5 points by taking the NAATI exam and simply declaring the changes in my visa application with the same number of points?



My documents related to this experience do not explicitly mention that I worked as a primary teacher; they only vaguely refer to me as a class teacher. Should I take the risk and lodge the visa anyway?

Answer provided by Migration Agent

Hi C,



It's understandable that you want to make the most out of your invitation to apply for the VIC subclass 190 visa. However, claiming points for an unrelated occupation may lead to your visa application being refused, and it's not recommended to take such risks.



Read more about it: sc 190 visa and State Sponsorship



Withdrawing your previous nomination and submitting a new one is a valid option. Still, there is no guarantee that you will receive another invitation, as it depends on the availability of places for your nominated occupation and the number of other applicants in the same pool.



Regarding making up for the lost points, taking the NAATI exam and declaring the changes in your visa application will make up for the 5 wrongly claimed points but the circumstances of invite are still not valid.

As a general rule, the circumstances(points and where you got those points from) at the time of invitie must remain true until the visa grant. As in your case if you are not able to prove that your experience is as secondary school teacher the circumstances of invite are invalid and therefore the CO can refuse the visa.



Regarding your documents, it's best to be honest and transparent when filling out your visa application.



In summary, it's recommended to withdraw your previous nomination and submit a new one with accurate information that reflects your qualifications and experience. This will increase your chances of a successful visa application and prevent any issues that may arise from claiming points for an unrelated occupation.



Hope they answers your question, please do let me know if you need further assistance.



Migration Agent

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