Skilled Migrant Category Visa still in Decision Pending state after 1 yr and 4 months

[mages19]

Hi All,

I am from India, residing in Singapore. I first applied my EOI on Sep 2012 with 140 points. It was selected from the pool immediately within 3 weeks. I received Invitation to Apply (ITA) for residence under our Skilled Migrant category at the end of Oct 2012. But, my points was reduced to 125. I think it might be due to the reason that my wife's qualification was not accepted. She did her Bachelor Degree in Business Computing in Singapore from RMIT University Australia. I am not sure what would be the other reasons for loosing 15 points.

Since I received ITA, I lodged my application on Dec 2012. It is been 1 year 4 months till now. But the status in the Immigration website is still in Decision Pending State. I used to mail the Officer once in 6 months, she used to say that they have huge number of applications to process for people who applied before me. I am afraid that, since I have got only 125 points, will it be rejected? or they are going to delay the processing even for longer?

I just completed my Master Degree from University College Ireland. Should I, update my records to increase my points and increase the possibility? Please advise.

Regards,
Mahesh Ram

[JandM]

Let me be sure I understand here.

You received an ITA, filled it in, and lodged it? So your application is definitely in the system?

[mages19]

Yes, you are correct. My application is in the system. I have also received an application number to follow up.

[wellynz]

your application is already in system as mentioned by you. Its good if you update your CO with your new qualification, also try to get job offer from NZ, it you could get job offer, your chances will be bright.

thanks

[Karen Phillips]

There is something not quite right here. If you applied claiming 140 points and your EOI was selected, at what point did they tell you that your points total was only 125? If it was when they did the initial assessment of the EOI they shouldn't have issued you with an ITA because you wouldn't have been eligible. If it was later, when the Case Officer did the full assessment, they would have notified you by email/letter that they were not allowing you the full 140 points and your total was reduced to 125. At this point, they should have invited you to explain why you were entitled to the extra 15 and submit any other evidence. There would have been a deadline on this - maybe 2 - 3 weeks. If you received such a letter and did not reply by the deadline, all work on your application would end and your visa would be declined. If you either didn't get such a letter or you did reply, something should have happened by now. The problem is that even if you now have extra points, if your EOI would not have been selected with 125 points during the 6 months when it would be in the Pool, you cannot now get a different decision because of new circumstances. However, if you did argue that your wife's degree should have been accepted, then you may still have a case. I can't tell you more without knowing more.