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Martynd

190 visa / 5 points for partner

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Hi all, i am  giving this one last shot, as i am giving up hope in trying to find the answer. 

 

Firstly, I am looking to find out if anyone is facing the same issue and what has been done to rectify it.

 

In a nutshell, i have received an invite to apply for the 190 as a plumber. My deadline to apply is 11th feb.

due to the changes on November 16th  i was able to claim 5 additional points on the eoi as my wife holds a UK passport. however, when filling out the 190 application form there is no where to log these points into the system other than attaching a copy of her passport. if you go onto the DHA website and look at the points table it states that these points are claimed under the PARTNER SKILLS section. on the application form is gives you the option to select (under partner skills) "yes" but then it doesn't give you  the option to claim the 5??? 

Your spouse or de facto partner must also be an applicant for this visa and has competent English

For you to be eligible for the award of these points your partner must be an applicant for the same visa subclass and must not be an Australian permanent resident or an Australian citizen.

 

All im looking for is some direction on where to go with this. i am already using an agent and they are also trying to get clarification on this matter but time is running out.

i have spoken to SA immigration - could not help as the DHA deal with the visas. 

i have spoken to the DHA several times and they cannot help with filling out the visa. - they said to fill out an immi technical support form but this has been done weeks ago and no response.

its almost like they have applied the changes and have not updated the application form! im guessing that this could also be an issue for the other visas also?  

PLEASE SOMEONE HELP!!!!

 

THANK YOU 

 

 

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I don't know how you'd solve your issue, sorry!

I'd suspect that outside of the three or four agents who post on here no one is likely to have experienced it yet as it's such a new thing.

I do however think your agent is pulling a sloped shoulder move here and should be doing more to find a rectification for you.

I'm assuming your agent told you that you could claim the extra 5 points. I would suggest that if they cannot resolve the issue of how you actually obtain them then you have a good case for suing them to recover the monies you've spent so far. They gave you expert opinion that you have acted upon - but that in doing so you now have this issue.

 Whilst immigration share some of the blame, your agent should either have told you not to claim the points or if they are convinced you can, they should be moving heaven an earth to get a resolution.

Remind them of their obligations to you that might be the rocket they need to do their job...

 

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7 hours ago, Ausvisitor said:

I don't know how you'd solve your issue, sorry!

I'd suspect that outside of the three or four agents who post on here no one is likely to have experienced it yet as it's such a new thing.

I do however think your agent is pulling a sloped shoulder move here and should be doing more to find a rectification for you.

I'm assuming your agent told you that you could claim the extra 5 points. I would suggest that if they cannot resolve the issue of how you actually obtain them then you have a good case for suing them to recover the monies you've spent so far. They gave you expert opinion that you have acted upon - but that in doing so you now have this issue.

 Whilst immigration share some of the blame, your agent should either have told you not to claim the points or if they are convinced you can, they should be moving heaven an earth to get a resolution.

Remind them of their obligations to you that might be the rocket they need to do their job...

 

Thanks for the response, unfortunately it seems that nothing can be done. i will just wait and see what happens, my agent has said that we will submit application regardless, closer to the deadline. i can hypothesis with her but its extreamly frustrating for us. we are under the assumption that people are lodging the application with a statement attached explaining where the 5 extra points are from as there is no where on the form to address these points. my agent just wants to be certain. thanks again.   

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Hi Martyn, 

Surely you can attach the points table and the basis for the points along with your application? Let me know how you get on! 

Also out of interest, how may points did you have when you were invited and how long did you wait?

Thanks, Charlotte

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I assume there should be somewhere to include the results of her English test (a UK passport is sufficient for Functional English, but an English test is required for Competent), but I've never used the Skillselect system.

EDIT: Sorry, I didn't read that you've received the invitation.  Then I assume uploading a copy of her English test is enough evidence of the 5 points.

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11 hours ago, MaggieMay24 said:

I assume there should be somewhere to include the results of her English test (a UK passport is sufficient for Functional English, but an English test is required for Competent), but I've never used the Skillselect system.

EDIT: Sorry, I didn't read that you've received the invitation.  Then I assume uploading a copy of her English test is enough evidence of the 5 points.

Thanks for the reply, yes we have received and invitation to apply. 

What to provide

To prove you have competent English, provide evidence:

  • that you are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland, with your application

This is what the DHA state for competent English so we are eligible to claim the 5 points. This issue is logging them onto the 190 application form. We can only assume that a passport would suffice for evidence. However, who then is responsible and where do I stand if the visa is refused on the issue I'm facing?. My agent won't lodge until this issue is resolved. 

 

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13 hours ago, Charlotte607 said:

Hi Martyn, 

Surely you can attach the points table and the basis for the points along with your application? Let me know how you get on! 

Also out of interest, how may points did you have when you were invited and how long did you wait?

Thanks, Charlotte

Hi charlotte,yes I presume that my agent would cover herself by attaching all evidence required to back up her issue. We had 70 points plus's the 5 for partner points. These where added when the changes came into force in November. I wish I had not updated the Eoi to award these points as it's been nothing but stress and worry! It took 7 weeks for my invite. Will keep you up to speed! What stage are you at? 

 

Martyn 

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