Australian Immigration News 13th July. How DOHA misled visa applicants on Partner Points for years!
Summary
TLDRIn this episode of Australian Immigration News, KL Conrad discusses the problematic partner skills points for visa applications, highlighting the confusion and miscommunication from the Department of Immigration. Many applicants are facing refusals due to getting married after applying, based on outdated information. The episode features Shamal, an IT professional, who shares his frustrating experience with the Department's inconsistent advice, which could lead to his visa application refusal. The show also covers Western Australia's expanded Dharma program and the potential impact of the recent AGAP disaster on immigration law.
Takeaways
- 📜 The partner skills points issue has led to numerous visa refusals for applicants who got married after applying on or after November 16, 2019.
- 🤔 Miscommunication from the immigration department has caused confusion, as they previously assured applicants that marriage would not affect their application status.
- 🔍 The department's website had misleading information stating that all points criteria, including partner points, were assessed at the time of invitation, which was later corrected.
- ❗ The department quietly updated their webpage after a complaint was lodged, adding a clarification about the assessment of partner skills at the time of decision, not invitation.
- 👨👩👧👦 A case example is highlighted where a visa applicant and their family were negatively impacted by the outdated information, leading to a refusal of their application.
- 💼 Shamal, an IT professional sponsored by the Victorian government, shares his experience of being misinformed about the impact of marriage on his visa application.
- 📞 Shamal's attempts to clarify the situation with the department were met with inconsistent responses, reflecting the ongoing confusion around the partner points criteria.
- 🚫 The department's lack of transparency and flexibility is criticized, with applicants being penalized for entering into relationships.
- 📝 A reminder is given about the importance of ensuring claimed points on an Expression of Interest are met at the time of case officer assessment to avoid automatic refusal.
- 🌐 Western Australia has expanded its Designated Area Migration Agreement (DAMA) to include Metropolitan Perth, offering a wider range of occupations for potential sponsors.
- 🤝 The DAMA program requires finding an employer sponsor, which can be challenging, but offers a pathway to permanent residency for eligible visa holders.
Q & A
What is the main issue discussed in the video script related to Australian immigration?
-The main issue discussed is the problem with the partner skills points in the immigration points test, which has led to many people being refused their visa applications for the 491, 190, and 189 visas due to changes in their marital status after applying.
What was the advice given by the immigration department on their inquiry line regarding marriage and visa applications?
-The immigration department advised that residency applications would not be affected if applicants got married, which was later found to be incorrect for partner skills points.
What was the misleading information on the Department's webpage prior to the complaint lodged by Australian Immigration Law Services?
-The webpage stated that all points criteria, including partner points, were assessed at the time of invitation, which was not the case for partner skills points.
What was the correction made to the Department's webpage after the complaint?
-The webpage was updated to clarify that the applicant must satisfy most criteria specified in the points test at the time of invitation, with an asterisk noting that partner skills are assessed at the time of decision.
Why did the visa applicant who waited for more than 4 years for a case officer on their 189 Visa get a notice to comment with the intent to refuse the application?
-The applicant got married after applying, which was initially told not to affect their visa application, but the Department later decided to refuse the application based on the outdated information regarding partner skills points.
What is the situation of Shamal, the IT professional from Melbourne, regarding his visa application?
-Shamal applied for a 190 visa and was told by the Department that getting married would not affect his application. However, after learning about the potential refusal of his application due to the same issue of partner skills points, he is now facing uncertainty.
Why is the evaluation of partner skills points at the time of Visa Grant considered unfair by the applicants?
-It is considered unfair because most other criteria are evaluated at the time of invitation, and the change in marital status should not affect the points already claimed at the time of invitation.
What is the Designated Area Migration Agreement (DAMA) program and what is new about it?
-The DAMA program is an agreement that allows certain regions to have a tailored migration scheme. The new development is that Metropolitan Perth has been included as a DAMA region, expanding the list of occupations available for sponsorship.
What is the process for obtaining a 482 Visa under the DAMA program?
-The process involves finding an employer to sponsor the applicant, who may need to apply for business approval under the DAMA system. After sponsorship, the applicant can apply for the 482 Visa, and later, for permanent residency.
What is the potential impact of the AGAP disaster on the immigration process?
-The AGAP disaster refers to a legislative issue that may affect the immigration process. There are rumors that the Green Party may assist by trying to block the legislation, but confirmation is pending.
How can viewers of the Australian Immigration Law Services' YouTube channel report inappropriate or racist remarks?
-Viewers can report such remarks by sending an email to the Australian Immigration Law Services, highlighting the comments that need to be deleted.
Outlines
📜 Misleading Information on Partner Points for Visa Applications
The first paragraph discusses the problematic issue of partner skills points in Australian immigration, highlighting the confusion and incorrect advice given by the immigration department. It explains that many applicants have been refused visas for the 491, 190, and 189 categories because they married after applying on or after November 16, 2019. The department's inconsistent information on their website has led to applicants being misled about the assessment timing of partner points, which has caused significant distress and delays for those affected.
🤔 Confusion and Miscommunication Over Partner Points Timing
In the second paragraph, the narrative focuses on the personal experience of a visa applicant named Shamal, who was misinformed by the immigration department about the impact of marriage on his visa application. Despite being told that his points calculation was fixed and that he could add his spouse to his ongoing application without issue, he later discovered that this was incorrect. The department's inconsistent communication and lack of transparency have left Shamal and others in a precarious situation, potentially facing visa refusal due to criteria evaluated at the time of visa grant rather than invitation.
📝 Updates on Western Australia's Dharma Program and Call for Transparency
The final paragraph shifts focus to the Western Australia Dharma program, noting its extension to include Metropolitan Perth and detailing the occupations available under this scheme. It emphasizes the need for finding an employer sponsor and the process involved. The paragraph also touches on the AGAP disaster and the potential for legislative blockage by the Green Party, though confirmation is pending. The script concludes with a reminder for viewers to report inappropriate comments on their YouTube channel and an invitation for those needing assistance to book a consultation.
Mindmap
Keywords
💡Australian Immigration
💡Partner Points
💡Skill Select
💡Visa Application
💡Department of Home Affairs
💡Visa Refusal
💡Designated Area Migration Agreement (DAMA)
💡482 Visa
💡Permanent Residency
💡Skill Assessment
💡Expression of Interest (EOI)
Highlights
KL Conrad discusses the issues with partner skills points in Australian immigration.
Hundreds of people are being refused their visa applications due to changes in marital status after application.
Immigration department's advice on marriage and visa applications has been misleading.
The department's website incorrectly stated that all points criteria are assessed at the time of invitation.
A complaint led to a modification of the department's webpage to clarify the assessment timing for partner skills.
A visa applicant's story illustrates the consequences of the department's inconsistent information.
The department ignored concerns about their website's misleading information and refused a visa application.
Shamal, an IT professional, shares his experience with the visa application process and its pitfalls.
Shamal's case shows the impact of outdated information on the Department's website on visa applicants.
The Department's inconsistent communication about when partner skills are assessed has caused confusion.
Shamal's story emphasizes the unfairness of penalizing applicants for entering into relationships.
Western Australia extends its Designated Area Migration Agreement (DAMA) to include Metropolitan Perth.
The DAMA program offers an extensive list of occupations for sponsored visas.
The 482 Visa is the most common pathway for DAMA hopefuls to obtain permanent residency.
Rumors suggest the Green Party may block legislation affecting the AGAP disaster.
The possibility of a class action lawsuit is being explored in response to the AGAP issue.
The channel has a zero-tolerance policy for inappropriate or racist remarks in the comments section.
Australian Immigration Law Services offers consultations for those needing assistance with their visa applications.
Transcripts
[Music]
hi I'm KL Conrad and Welcome to our
weekly edition of Australian immigration
news proudly brought to you by
Australian immigration law Services
right here in the heart of Sydney first
tonight let's cover the disastrous
problem with the partner skills points
and then I'll go on to outline the new
dmer of Western Australia the partner
points elocation has been a disaster in
the making for many years hundreds of
people are now being refused their Guild
Visa applications for the 491 190 and
189 visas simply because they got
married after they applied on the 16th
of November 2019 the current version of
the points test came into force over the
years the immigration department on
their inquiry line repeatedly told
people don't worry your residency
application won't be affected if you get
married clearly they were just reading
their own website when giving that
advice here is the depart man's web page
back in February of this year it had
been like this since November
2019 where it stated All Points criteria
are assessed at the time of invitation
of course this implicated that partner
points too was time of invitation
criteria however that was never the case
but the department kept spinning that
line recently they modified their Pages
after a complaint we lodged earlier in
the year now it states the applicant
must satisfy most criteria specified in
the points test at the time of
invitation yes that is true but they
fail to say it is only the partner
skills that is specified at the time of
decision all the rest are at the time of
invitation and then further down the
Department's web page this little Aster
X appeared with a explanation if your
marital status changes during the
processing of your Visa we may not award
you points for this item
we do not assess this item at the time
of imputation it took them over 4 years
to correct this mistake and why not put
this warning at the top of the page be
careful that your partner skills are
assessed at the time of decision not at
the time of invitation earlier this year
a Visa applicant came to us after
waiting for more than 4 years for a case
officer on their 189 Visa the department
asked the family to do Medicals twice
during this period originally the agent
who loded the application told them no
problems if you get married after you
apply it won't affect your visa
application so of course they did they
also started a family with two kids and
asked the department to add them to the
application with no idea what was coming
their way earlier this year the
department sent them a notice to comment
with the intent to refuse the
application so they came to our office
for help we responded to the case
officer and told the department all the
mistakes on their website that would
lead anyone to believe getting married
was assessed at the time of invitation
however they simply ignored our concerns
and simply refuse the application they
then quietly updated the web page
afterwards hoping no one would notice
their error if this Visa applicant had
known earlier they could have submitted
another 189 eii received another
invitation and lodged another 189 visa
application but no the department put
the application on hold for for more
than 4 years and then told them nothing
tonight we are speaking with shamal who
is another Visa applicant but faces the
same issue he applied more recently in
September
2023 but the outdated information was
still on the Department's website shamal
works as an IT professional in Melbourne
and was sponsored by the Victorian
government for his visa application
tonight he has decided to speak out on
the program to warn others not to fall
into this trap the Trap of Simply doing
what most people dream of getting
married I caught up with shemal earlier
in the
[Music]
week hi Jamal thanks for coming on the
program today much appreciated hi K
thanks for having me pleasure So today
we're talking about your bitter
experience with the Department regarding
partner points and how that's going to
affect you now with the the partner
points it is time of decision but
beforehand the immigration told you
another story so would you like to tell
us what's happened yeah um I launched my
uh 190 visa application last October uh
when I got nominated from Victoria and
at the time I was single uh but my
wedding has already been planned out to
be held on December and after getting
married I informed the department about
my uh change in circumstances and they
said uh you don't have to worry about
anything and you could even add your
spouse to your ongoing visa application
uh which I did and they said that they
they asked me about specifically whether
this is at the time of uh I submitted my
Roi or whether this is at the time of uh
I got the nomination so what they said
was my points calculation is already
been done and it is fixed uh you don't
have to worry about anything uh you just
submit this form 1436 adding your spouse
to your existing visa application
because I saw uh there were comments on
that it would be affected and I even
clarified uh because when I when I
received the invitation I was single and
I got 10 points but after getting
married I lose five points for because
my partner uh does not have the skill
assessment so I just was I was curious
about about whether I would have to do
anything or whether it would become a
problem for my existing visa application
but they said no uh there is no problem
you could add your spouse to my ongoing
visa application and once and that was
before you got married so you checked
with the Department before you got
married just to be sure that that was
okay I did check with them uh then at
that time also it was the same case uh
and even after I got married I informed
the department and told me about my uh
situation because I just want to clarify
whether things have changed or not but
uh even when I call so I called the
department twice regarding this and it
was the same information that was given
to me so I was all right then I just add
my spouse to my ongoing Vis application
and stay put until the result comes back
yeah but uh after learning that there
could be an impact and I was not the
truth I was surprised yeah so you're
aware now that um given your
circumstances it's highly likely your
visa application will be refused because
already many people have been refused
before you yes uh after learning that uh
it would be refused I again called the
department to see what their response
was and I was surprised that now they
telling me a different story because now
they are saying that I should be waiting
until a case officer gets back to me and
normally the points would be checked at
the time of Visa Grant so it's like two
different stories that I've been told
I'm very surprised what they are telling
me at that time and had you known this
before you lodged your application what
would you have done differently yes um
it's really frustrating what the
department does here because as an
applicant if I want to apply for
permanent residency I would be
definitely checking out the points table
on the department's website to see what
are the criteria that out there and how
many points that I would be getting um
right now it's taking at least an year
for the Department to process 190 visa
application and the points that you get
for most of the criteria do change over
time um so why partner skills are being
evaluated at the time of Visa Grant
obviously uh age cannot be evaluated at
the time of Visa Grant so if you enter
into a relationship why that is being
checked at the time of Visa Grant uh if
I had known that earlier I would have
never launched a visa application uh and
if you go to the Department's website
now you would see that under partner
skills section they have added a special
Clause saying that it is evaluated at
the Visa Grant but it was never
mentioned earlier and even when I
submitted my Visa application there was
no warning about it in living Melbourne
website you have a statement but that is
again related to uh submitting Roi but
not after you submit your visa
application so it's really sad what they
do to you and it's really unfair uh
because as the primary applicant I'm
being penalized for entering into a
relationship that's that's so unfair
yeah and it's it's crazy that uh now
they're talking about oh you know
perhaps Partners who have skills should
be given more points so we have this
sort of
reversal sort of
situation and the other problem is that
you were sponsored by Victoria for one
190 you could have waited simply got
married and then put in your
registration of Interest isn't it yes
definitely I would have waited if I
known that there could be an impact on
this but uh I I didn't know about
anything I I got the invitation from
Victoria and I launched my Visa
application and then even when I call
the department they didn't say anything
about it but now I have come to known
that that there could be an impact yeah
and the other problem is that Victoria's
already you've got a good job in it
field in Victoria so you're eligible for
sponsorship but in reality Victoria may
not sponsor you again because you've
already taken one of their places yes
it's it's really sad because I didn't
know that there would be an outcome like
this uh because if I stayed put and if I
got my spouse skills assessment I would
have submitted the ROI this year and
would be nominated again because of the
points and everything but yeah it's
really unfortunate that they have
certain rules that you don't know um I
mean it can be a complex process but I
think the department should let know the
people what's happening that the
transparency is not there I believe
let's hope the department can uh you
know be flexible on this issue and show
some common sense there's still time in
relation to your application but we are
aware they've already refused many
applications already um what they would
do about those I'm not sure but fingers
crossed for you and thanks for coming on
the show at least we can tell people to
be weary and what not to do thank you so
much SC for giving me the opportunity so
take care and let us know how you go
with communication with the Department L
Ro sure we'll
do we thank shamal for his bravery in
speaking out about his application he
knows that the application's future
looks bleak but he agreed to the
interview to warn others not to make the
same mistake hopefully he will receive
another Visa invitation in the near
future and Lodge the application again
and a quick reminder for everybody when
you claim points on your expression of
interest and when you you get a case
officer to assess those points if you do
not reach the points that you have
claimed your application gets
automatically refused amongst all the
important Law changes on the 1st of July
we forgot to mention that Western
Australia has considerably extended its
designated area migration agreement
program known as Dharma the good news is
that the extended program includes now
Metropolitan Perth as a Dharma region
when you click on the Western Australian
Dharma occupation filter on their
website like this choosing Perth as the
location and perhaps c482 Visa which is
the most common you will see this
extensive list of occupations available
now the Dharma program requires finding
an employer to sponsor you which is the
hard part and if they haven't got
business approval yet they will have to
apply to get approved under this dhma
system it's not an easy process but it
does exist and many people do get get
sponsored the 482 Visa is the most
common pathway for the Dharma hopefuls
and then later 3 years for Perth and 2
years a regional wa you can be sponsored
for PR and like all 482 visa to PR
process you still need the employer to
sponsor you to obtain permanent
residency when you click on the
individual occupations you can find what
concessions are available such as age
usually up to 55 now take Chef here as
an example and you can read the details
now regarding the for AG agap disaster
there have been many rumors that the
green party May yet assist by trying to
block the legislation but I have not
been able to get confirmation on this as
yet if any of our viewers know something
concrete then please let us all know the
possibility of a class action takes time
to discuss with the big firms that
handle such a process so please stand by
for more information later now we
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see you next time so bye for now
[Music]
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