Australian Immigration News 13th July. How DOHA misled visa applicants on Partner Points for years!

Summary

In 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 Many applicants are facing refusals due to getting married after applying, based on outdated information.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• 👨‍👩‍👧‍👦 A case example is highlighted where a visa applicant and their family were negatively impacted by the outdated information, leading to a refusal of their application.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.