491 - Partner on STSOL list - does that count for points?

[Joeyroo]

Hello,

Thanks in advance for any help on this!

My partner is on the MLTSSL list as an audiologist, and we are looking to apply with her as the applicant for a 491 visa, which we think is our most likely avenue into Australia.

I used to live in Australia between 2014-17 on a 2 year 417 (working holiday visa) before being granted an employer sponsored 457 visa under the Hotel Manager category. This was a 4 year visa however I left after a year. Hotel Manager was on the STSOL list before and remains so now. This was all in VIC.

Since returning to the UK between 2017-present I moved into the tour operator side at a tailor made travel agent, a role which I haven't found on any list (unless it is named differently in Australia). However as I worked in the Hotel Manager industry for over 5 years with a lot of Australian experience I hope that would mean I would be considered as skilled enough to return to that role if required.

I am asking of course because there are extra points available if the partner of the main applicant is on a Skills Shortage List. We don't know if this applies to just the MTLSSL list or the STSOL list? Does anyone have any guidance on this? 

I have plenty of follow up questions to the above but thought it better to start step by step. Please let me know if the above is unclear or if I need to provide clarity on anything.

Cheers,
Joe 

[paulhand]

6 hours ago, Joeyroo said:

am asking of course because there are extra points available if the partner of the main applicant is on a Skills Shortage List.

The points are available if you can get a positive skills assessment from VETASSESS. It may be worth getting some professional advice to properly review all your options. 

[Joeyroo]

Thanks Paul Hand, I've messaged Suncoast Migration where it looks like you're employed. 

My next question would be if I add that onto an application (bearing in mind I am not the primary applicant) am I forced to work in that field? It's only worth 5 extra points and the thought of subjecting myself to more Hotel Night Manager shifts starts to dim the shining lights of Australia!

 

Cheers,
Joe

[VERYSTORMY]

2 hours ago, Joeyroo said:

Thanks Paul Hand, I've messaged Suncoast Migration where it looks like you're employed. 

My next question would be if I add that onto an application (bearing in mind I am not the primary applicant) am I forced to work in that field? It's only worth 5 extra points and the thought of subjecting myself to more Hotel Night Manager shifts starts to dim the shining lights of Australia!

 

Cheers,
Joe

Neither of you are tied to working in the field you apply under. You can both do whatever you want. 

[Joeyroo]

Thanks guys - that seems absolutely crazy! What is the point of getting people to apply under certain roles if they have no interest what you do once in Australia? 

Out of interest is it because it is unenforceable or just because it shows by having experience/degree that you're to a "better class" of human being?

[Marisawright]

1 hour ago, Joeyroo said:

Thanks guys - that seems absolutely crazy! What is the point of getting people to apply under certain roles if they have no interest what you do once in Australia? 

Out of interest is it because it is unenforceable or just because it shows by having experience/degree that you're to a "better class" of human being?

It's because they recognise that you need to make a living and you might not be able to get a job in your usual profession.  

[paulhand]

1 hour ago, Joeyroo said:

Thanks guys - that seems absolutely crazy! What is the point of getting people to apply under certain roles if they have no interest what you do once in Australia? 

Out of interest is it because it is unenforceable or just because it shows by having experience/degree that you're to a "better class" of human being?

It shows you have a good chance of skilled employment in a field Australia wants more of. Unfortunately, Taxi Driver Syndrome or brain waste is hard to eliminate completely in any migration programme. 

[Joeyroo]

Bit of a weird question now... hopefully this will pique someone's interest to help while allowing me to keep my money for a new paddling pool. When I was on my 2 year Aussie Working Holiday Visa I was only allowed a contract for 6 months of a 12 month period for any company as per the WHV visa rules. The hotel owners I worked for had a shell company elsewhere so once the 6 months was up this shell company employed me although I carried on doing the exact same job Hotel Manager job at the hotel for the same money.

I am not sure if this broke the rules or just the spirit of the rules, either way I guess it makes my CV look a little odd - either I write that I was employed for the same employer for a 20 month period or I have a 6 month (hotel) 6 month (shell company) 10 month (hotel) section. The last 10 months was on a 457.

If I write that I worked for the hotel for 22 months straight which is what I effectively did then I'll have conflicting statements of service unless the hotel is able to find a work around. If I put the owners shell company in then it will look like I didn't work at the hotel. Potentially it could also get me or the hotel in trouble for some visa naughties (a naughty that seemed very common practice at a lot of employers).

Very grateful for any help!

 

Joe

[paulhand]

Just because it was common, doesn’t make it acceptable. Your situation is being revealed as complicated ... pass on the paddling pool and get some professional advice before you end up making a very expensive mistake on an application that gets refused. 

Edited June 22, 2020 by paulhand

[Marisawright]

5 hours ago, Joeyroo said:

When I was on my 2 year Aussie Working Holiday Visa I was only allowed a contract for 6 months of a 12 month period for any company as per the WHV visa rules. The hotel owners I worked for had a shell company elsewhere so once the 6 months was up this shell company employed me although I carried on doing the exact same job Hotel Manager job at the hotel for the same money.

 

I wouldn't be admitting that on a public forum because it's against the rules of the WHV and could have got your employer fined and you could've got a 3 year ban. 

[VERYSTORMY]

9 hours ago, Joeyroo said:

Bit of a weird question now... hopefully this will pique someone's interest to help while allowing me to keep my money for a new paddling pool. When I was on my 2 year Aussie Working Holiday Visa I was only allowed a contract for 6 months of a 12 month period for any company as per the WHV visa rules. The hotel owners I worked for had a shell company elsewhere so once the 6 months was up this shell company employed me although I carried on doing the exact same job Hotel Manager job at the hotel for the same money.

I am not sure if this broke the rules or just the spirit of the rules, either way I guess it makes my CV look a little odd - either I write that I was employed for the same employer for a 20 month period or I have a 6 month (hotel) 6 month (shell company) 10 month (hotel) section. The last 10 months was on a 457.

If I write that I worked for the hotel for 22 months straight which is what I effectively did then I'll have conflicting statements of service unless the hotel is able to find a work around. If I put the owners shell company in then it will look like I didn't work at the hotel. Potentially it could also get me or the hotel in trouble for some visa naughties (a naughty that seemed very common practice at a lot of employers).

Very grateful for any help!

 

Joe

Just going to agree with Paul. If you don’t use an agent, you are setting yourself up for a fall. 

[Joeyroo]

Thanks everyone, it seems like we have an advice forum with only one piece of advice which leaves me a little uneasy. I remember using this place 10 years ago and it seemed full of people offering support and guidance to help each other out, with and without vested interests (vested interests which are fine to have, I also work in sales)

I looked into it further and as my degree is in Geography and Tourism Management rather than Hospitality Management I can't see my VETASSESS being accepted considering I didn't have any Hospitality modules.

I appreciate the advice @Marisawright it probably just all adds up to not being worth the extra 5 points. My partner will have a 95 point application if her EOI receives a state nomination which we will have to hope is enough rather than dive into this worrypit. Yes it might make the difference, however dropping a shed load of $$$ gives no guarantee of getting the extra points.

 

[Marisawright]

22 minutes ago, Joeyroo said:

Thanks everyone, it seems like we have an advice forum with only one piece of advice which leaves me a little uneasy.

I don't think you need to feel uneasy.  I've been here a while too, and it has changed - but not because we're all being paid to recommend agents.   The problem is that migrating has turned into such a f****** minefield.  Once upon a time, many of us would've been saying agents weren't necessary, but we're seeing more and more people getting rejected because they missed something they didn't know they needed to know (if you know what I mean).  Given how ridiculous the application fee is now, it's getting to the point where it's not worth the risk to DIY any more. Agents get notified when rules change but websites aren't always kept up to date.  

With 95 points I'd have thought you'd go for a 190 at least.

Edited June 23, 2020 by Marisawright

[VERYSTORMY]

20 hours ago, Joeyroo said:

Thanks everyone, it seems like we have an advice forum with only one piece of advice which leaves me a little uneasy. I remember using this place 10 years ago and it seemed full of people offering support and guidance to help each other out, with and without vested interests (vested interests which are fine to have, I also work in sales)

I looked into it further and as my degree is in Geography and Tourism Management rather than Hospitality Management I can't see my VETASSESS being accepted considering I didn't have any Hospitality modules.

I appreciate the advice @Marisawright it probably just all adds up to not being worth the extra 5 points. My partner will have a 95 point application if her EOI receives a state nomination which we will have to hope is enough rather than dive into this worrypit. Yes it might make the difference, however dropping a shed load of $$$ gives no guarantee of getting the extra points.

 

The issue now is that the department are making literally thousands of changes per year to the rules and regulations, out of maybe 5000 changes, they are publishing maybe 6. The rest it only briefs to registered migration agents. The more I read of your situation, including this post, the more I would say to you an agent is essential.

If you apply, following all of the rules published, then get a refusal (loss of the thousands in application fee and maybe even a ban on reapplying) you can not complain as the department will just say you should have used an agent. 

[Joeyroo]

Thanks Vertstormy, although we are ignoring what I've written above of course and not applying to VetAssess at all for my skills. I'll be a non-skilled de-facto.

I'll look around at other agents and start negotiating figures with them. It seems some charge a blanket fee which is a shame because the work level is obviously going to differ vastly dependant on individual circumstances of the case. It should be quite the competitive market albeit with the odd cowboy or seven. I wonder if they've thought of getting Compare the Migratkat onto into?