189 Visa refuesd. Please help

Lodged 189 visa on Feb 3rd, 2023. Claimed 85 points that included 10 points for spouse language proficiency.

Spouse had initially given IELTS in April 2019 and had competent English that gave us 10 extra points. We lodged EOI in January of 2022 with 85 points in total.

We got the invitation in December of 2022 and at that time spouse’s IELTS scored had expired since scores are only valid for 3 years. We gave PTE in January 2023 and again got 10 points with competent English. We applied for the 189 visa with this PTE score in February 2023.

We got a notification today that since spouse has taken the PTE after the invitation was sent it is not valid and hence they have determined the EOI as invalid and refused visa.

Questions:

  1. At the time of invite, spouse’s score had indeed expired. Did we make a mistake by applying assuming we can provide new scores? Multiple online forums suggested this as a normal thing to do.

  2. Is there any way to reach out to the officer and point to them that the spouse has a previous IELTS score and that we lodged EOI based on that?

Deeply disappointed by this and looking for suggestions. TIA.

I think there is nothing much you can do if they have already refused, as you should have been more careful while dealing this. You can only blame yourself. It is always advisable to suspend the EOI incase something like this expiry is happening and you should have updated EOI only after getting her result. Try to reach out to CO and see if they will accept, but I think if the invite comes during her IELTS expiry there is no choice because they will mention as incorrect points claimed. Are you claiming 5 extra points for Partner skills as well because only for partner English it is only 5 points total. I am just checking because you have mentioned 10 points for English and that is incorrect if it is only Partner English. Anyway try a new EOI in case if this doesn’t go through. Best Wishes

I’m sorry to hear about your situation. It’s essential to follow the visa application rules precisely. In your case, since the spouse’s IELTS score had expired at the time of invitation, applying with the assumption of providing new scores was outside the visa requirements.
You may consider contacting the immigration authorities or the case officer assigned to your application, if applicable. Explain your situation, including that your EOI was initially based on a valid IELTS score, and see if there’s any possibility of reconsideration. However, there needs to be a guarantee of success in this matter.
It’s always advisable to ensure your documents and eligibility criteria align with visa requirements before applying. I hope you find a resolution to your situation.