New rules for partner points

[wrussell]

From November 2019, the Skilled Migration Points Test will be adjusted to award additional points to primary applicants when their partner has competent English but does not meet the existing requirements for skilled partner points. Single applicants will also be awarded additional points to ensure they are not disadvantaged. This measure is estimated to result in an unquantifiable increase in revenue over the forward estimates period. The Department of Home Affairs will be provided with $0.3 million in 2019-20 to implement this measure.

The Skilled Migration Points Test currently awards additional points to primary applicants where their partner is under 45 years old, has competent English, and has a skilled occupation applicable for the visa subclass and stream they have been invited to apply for.

These changes will prioritise applicants who are single or whose partner can demonstrate competent English and therefore have the best potential to participate in the Australian labour market.

[GiveAGirlShoes]

Knowing my luck (chasing and narrowly missing visa requirements on and off for a good while now) the 5 points will be for competent English AND being under 45 (which we will miss by just short of 2 months) [emoji23]

If not I'll be in touch soon Westly!

[Karstedt]

That's pretty vague about single applicants... does that mean they will correct the current situation of disadvantaging singles? As is, the partner points are a bonus that singles cannot compete with... and probably contribute to a lot of fake marriages.

[wrussell]

The announcement that came out of the recent federal budget is vague at best.

I have one unattached client who has 20 points English and is still scratching for points and others who meet the core Enlish requirement, but have 0 points for English. Whetther the proposed cahnges will help them,. or anyone else, remains to be seen. 

I perhaps should remove the following clause from my servive agreement:

16.    Clients who have retained the services of Pinoy Australia Proprietary Limited will be advised if changes to migration legislation are likely to affect their case.

 

[Raul Senise]

With the elections around the corner, the Government is announcing changes to Immigration Policy and new visa programs left right and centre.

Only time will tell if any of the announced changes come to fruition.

If we see a change in Government, we will likely see a completely different direction in Immigration Policy.

It is possible that all of the recently announced programs and changes will come to nothing.

 

[Karstedt]

4 minutes ago, Raul Senise said:

It is possible that all of the recently announced programs and changes will come to nothing.

We can hope. Shadow Immigration Minister, Shayne Neumann, has very nearly been preaching to scrap the last 2 years.

And the Senate report on temporary skilled visas from the other day held this view:

Quote

The committee notes concerns from a range of submitters and witnesses that
the current temporary skilled visa system does not allow for appropriate pathways to
permanent residency. The committee agrees that ongoing government consideration of
the system should include a re-evaluation of the current weighting of Australia's
skilled migration program, with greater emphasis given to the permanent, independent
stream as the mainstay of the skilled migration program.

 

[Karstedt]

Just an update on the details, to take effect November 2019... unless it gets reversed of course.

Points breakdown:

· more points for having a skilled spouse or de facto partner (10 points);

· more points for applicants nominated by a State or Territory government or sponsored by a family member residing in regional Australia (15 points);

· more points for having certain STEM qualifications (10 points); [no details on which qualifications]

· points for applicants who do not have a spouse or de facto partner (10 points); and

· points for applicants with a spouse or de facto partner who has competent English (5 points).

Priority changes to equal point applicants:

· First – primary applicants with a skilled spouse or de facto partner

· Equal First – primary applicants without a spouse or de facto partner

· Second – Primary applicants with a spouse or de facto partner who can demonstrate competent English but does not have the skills for skilled partner points (age and skills)

· Third – Primary applicants with a partner who is ineligible for either competent English or Skilled partner points. These applicants will be ranked below all other cohorts, if all other points claims are equal.

Copied from Iscah, sourced from legislation.

I read the partner points as 'stacking', so SOL+English partner = 15 pts. Keeping singles behind SOL+English couples but even or ahead of all other couples. Overall, a positive change for singles and makes marriage for points more difficult.

IMHO, the only good change since 2017.

Edited April 8, 2019 by Karstedt

[CivCdn]

1 hour ago, Karstedt said:

Just an update on the details, to take effect November 2019... unless it gets reversed of course.

Points breakdown:

· more points for having a skilled spouse or de facto partner (10 points);

· more points for applicants nominated by a State or Territory government or sponsored by a family member residing in regional Australia (15 points);

· more points for having certain STEM qualifications (10 points); [no details on which qualifications]

· points for applicants who do not have a spouse or de facto partner (10 points); and

· points for applicants with a spouse or de facto partner who has competent English (5 points).

Priority changes to equal point applicants:

· First – primary applicants with a skilled spouse or de facto partner

· Equal First – primary applicants without a spouse or de facto partner

· Second – Primary applicants with a spouse or de facto partner who can demonstrate competent English but does not have the skills for skilled partner points (age and skills)

· Third – Primary applicants with a partner who is ineligible for either competent English or Skilled partner points. These applicants will be ranked below all other cohorts, if all other points claims are equal.

Copied from Iscah, sourced from legislation.

I read the partner points as 'stacking', so SOL+English partner = 15 pts. Keeping singles behind SOL+English couples but even or ahead of all other couples. Overall, a positive change for singles and makes marriage for points more difficult.

IMHO, the only good change since 2017.

Hopefully it isn’t stacking, if the numbers in the brackets is what one would get that would be great, but even then these changes are better than nothing. Will be interesting to see if the priority equal points will also be adopted by states (like NSW) for the 190 or if it is only for 189.

The “more points for nominated by a state” refers to the 491 visa only and not the 190 as well?

At the bottom Iscah says one will be free to move to any state, as long as they stay regional.... will be interesting to see how the 491 will work with the commitment to the state and sponsorship requirements. Will states then push to get 489s issued before Nov 16, or will they wait and hold the migrant to an additional year regional. 

The “one cannot apply for any other permanent visa if issued a 491” is interesting.

 

 

Edited April 8, 2019 by CivCdn

[Karstedt]

It would be even better if the partner points don't stack, but a literal reading suggests they will.

Yeah, the regional visas are dodgy. But so are most of the 'new' visas. They are simply too narrow, e.g. the 491 making you ineligible for any other PR pathway.

[Aeoz]

7 hours ago, Karstedt said:

Just an update on the details, to take effect November 2019... unless it gets reversed of course.

Points breakdown:

· more points for having a skilled spouse or de facto partner (10 points);

· more points for applicants nominated by a State or Territory government or sponsored by a family member residing in regional Australia (15 points);

· more points for having certain STEM qualifications (10 points); [no details on which qualifications]

· points for applicants who do not have a spouse or de facto partner (10 points); and

· points for applicants with a spouse or de facto partner who has competent English (5 points).

Priority changes to equal point applicants:

· First – primary applicants with a skilled spouse or de facto partner

· Equal First – primary applicants without a spouse or de facto partner

· Second – Primary applicants with a spouse or de facto partner who can demonstrate competent English but does not have the skills for skilled partner points (age and skills)

· Third – Primary applicants with a partner who is ineligible for either competent English or Skilled partner points. These applicants will be ranked below all other cohorts, if all other points claims are equal.

Copied from Iscah, sourced from legislation.

I read the partner points as 'stacking', so SOL+English partner = 15 pts. Keeping singles behind SOL+English couples but even or ahead of all other couples. Overall, a positive change for singles and makes marriage for points more difficult.

IMHO, the only good change since 2017.

How is this fair to legit couples? My spouse has to get competent english just for me to get 5 LESS points than singles who are doing nothing.

Singles and non -skilled couples were on the same level with the old rules. Now they're just disadvantaging legit couples. 

At the very least they should make english couples have the same points with singles, not 5 less. Then only the SOL + english partners get more points than singles and non-skilled spouses.

[wrussell]

If you expect immigration regulations to be either fair or reasonable, you expect too muxh.

Edited April 9, 2019 by wrussell

[CivCdn]

7 hours ago, Karstedt said:

It would be even better if the partner points don't stack, but a literal reading suggests they will.

Yeah, the regional visas are dodgy. But so are most of the 'new' visas. They are simply too narrow, e.g. the 491 making you ineligible for any other PR pathway.

I read that link that gary chandi posted in that secondary teachers thread and to me it seems like partner points will not stack. If it comes to fruition, we would no longer me disadvantaged.

 

See below screenshot from that document:

 

 

 

 

Edited April 9, 2019 by CivCdn

[CivCdn]

2 hours ago, Aeoz said:

How is this fair to legit couples? My spouse has to get competent english just for me to get 5 LESS points than singles who are doing nothing.

Singles and non -skilled couples were on the same level with the old rules. Now they're just disadvantaging legit couples. 

At the very least they should make english couples have the same points with singles, not 5 less. Then only the SOL + english partners get more points than singles and non-skilled spouses.

I would think this is because that unskilled partner would be taking up a place that would otherwise go to a skilled single applicant. To skilled single applicants greater return to Australia than only one.

[Karstedt]

3 hours ago, CivCdn said:

I read that link that gary chandi posted in that secondary teachers thread and to me it seems like partner points will not stack. If it comes to fruition, we would no longer me disadvantaged.

 

 

 

 

I didn't catch the fine print... I think you are right. I'm not sure what percent of those with partners are getting the 5 extra points now, but I reckon about half.

Edited April 9, 2019 by Karstedt

[wokeuplikediss]

QLD now closes all skill visas (189,190,489) until next Financial year (this July). 

 

I wonder that, will they keep closing it until this new visa launching in November this year? Cause my visa will be expired in September.....

[Aeoz]

8 hours ago, wrussell said:

If you expect immigration regulations to be either fair or reasonable, you expect too muxh.

That's a really dumb answer from a Migration Agent. 

[Marisawright]

27 minutes ago, Aeoz said:

That's a really dumb answer from a Migration Agent. 

It's true though.   

[ramot]

27 minutes ago, Aeoz said:

That's a really dumb answer from a Migration Agent. 

Actually it’s spot on, potential immigrants are often under the illusion that they are special, and deserve a visa, the government doesn’t give a toss about individuals, it makes up its own rules and changes them retrospectively irrespective of the cost to the individual.

[Aeoz]

1 minute ago, ramot said:

Actually it’s spot on, potential immigrants are often under the illusion that they are special, and deserve a visa, the government doesn’t give a toss about individuals, it makes up its own rules and changes them retrospectively irrespective of the cost to the individual.

I didn't say otherwise. I just said it's a dumb thing for a MIGRATION AGENT to say. Potential immigrants don't know shit, that's why they ask stupid questions. Migration agents have to deal with this crap but it's their job to educate and find solutions. If a random bloke said, well fine buddy you're spot on, but a migration agent that relies on these "potential immigrants" for their livelihood? Definitely not someone to trust for your visa.

[31Hillbury]

3 hours ago, wokeuplikediss said:

QLD now closes all skill visas (189,190,489) until next Financial year (this July). 

 

I wonder that, will they keep closing it until this new visa launching in November this year? Cause my visa will be expired in September.....

Can you supply a link to where it states Queensland not taking any more 189s until July? 

[ramot]

Just now, Aeoz said:

I didn't say otherwise. I just said it's a dumb thing for a MIGRATION AGENT to say. Potential immigrants don't know shit, that's why they ask stupid questions. Migration agents have to deal with this crap but it's their job to educate and find solutions. If a random bloke said, well fine buddy you're spot on, but a migration agent that relies on these "potential immigrants" for their livelihood? Definitely not someone to trust for your visa.

I realise you are a new poster and wish you well on your journey, but W Russell is a well respected MA who has given help and advice for free on this Forum for years and helped many many posters. He makes the point that the government makes the rules but doesn’t care if they are fair or suit they are merely filling quotas irrespective of who applies.

The government made horrendous retrospective changes several years ago to students who had lodged genuine front loaded visa applications everything in place IELTS passed medicals taken etc, and paid for, lodged and accepted. thousands were then left in limbo for over 3 years on bridging visas as the government had changed all the rules retrospectively and then most were told to b——r off. Hardly any even got their application money back.

Thats an example of the government not being fair or reasonable.

[Marisawright]

34 minutes ago, Aeoz said:

 I just said it's a dumb thing for a MIGRATION AGENT to say. Potential immigrants don't know shit, that's why they ask stupid questions. Migration agents have to deal with this crap but it's their job to educate and find solutions. If a random bloke said, well fine buddy you're spot on, but a migration agent that relies on these "potential immigrants" for their livelihood? Definitely not someone to trust for your visa.

I wonder if you're misinterpreting his post, as I can't see anything wrong with him saying that.  He is  simply warning prospective migrants that they shouldn't assume migration rules are fair.  That's the gospel truth.   As a migration agent, it's his job to make sure applicants know what they're up against, so why wouldn't he point out that fact?  

It's not his job to say nice things about the Australian government, it's his job to be honest.

Edited April 9, 2019 by Marisawright

[Karstedt]

5 hours ago, Marisawright said:

I wonder if you're misinterpreting his post, as I can't see anything wrong with him saying that.  He is  simply warning prospective migrants that they shouldn't assume migration rules are fair.  That's the gospel truth.   As a migration agent, it's his job to make sure applicants know what they're up against, so why wouldn't he point out that fact?  

It's not his job to say nice things about the Australian government, it's his job to be honest.

Exactly... to pretend otherwise would make him a con-man. If you want a migration agent to sweet talk you and take your money, there are plenty to choose from that will do just that.

[Raul Senise]

11 hours ago, Aeoz said:

I didn't say otherwise. I just said it's a dumb thing for a MIGRATION AGENT to say. Potential immigrants don't know shit, that's why they ask stupid questions. Migration agents have to deal with this crap but it's their job to educate and find solutions. If a random bloke said, well fine buddy you're spot on, but a migration agent that relies on these "potential immigrants" for their livelihood? Definitely not someone to trust for your visa.

Would you prefer a Migration Agent that only tells you what you want to hear rather than the reality of the situation?

@wrussell's comment is an accurate reflection of the current Migration program.

It's not about fairness, its about achieving outcomes for the Government and it's Migration program.

[wrussell]

Quote

@wrussell's comment is an accurate reflection of the current Migration program.

Apart from the typo.

The best to expect from the department is the rules will be correctly applied. 

In most cases I reply to enquiries along the following lines:

Dear xxx

We have reviewed your assessment form and we regret to advise that from the information you provided,  we cannot suggest a way forward for you.

Best regards

Westly

Westly Russell

Registered Migration Agent

 

Edited April 9, 2019 by wrussell
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