Can I claim partner's point who's occupation is in STSOL whereas mine is in MLTSSL

[Prasad Borwankar]

Thanks a lot @Rakshanda and @MysticRiver for the response.
I prefer VIC over NSW so let's see how it goes.
My spouse is a Marketing Specialist and her occupation code is in short term skill list. My occupation falls in medium-sized term skill list. Can I claim points for her assessment? If not, reappearing for PTE/IELTS seems only possible option left for me.
In all I have 12 yrs of work experience however since my education is in different subject, ACS considered only 6 yrs. If I don't get invite sooner, will ACS reissue an assessment after 2 yrs (with 8yrs), so that I can claim higher points for 8 yrs of experience?

 

[MysticRiver]

One of the criteria for claiming partner's point is that both of you has to be on the same list.

You can claim partner skills if, when you are invited, your partner:

• is under 50 years of age
• has competent English
• has an occupation that is on the same skilled occupations list as your nominated occupation
• has been assessed by the relevant assessing authority as having suitable skills for their nominated occupation
• is coming to Australia with you
• is not an Australian citizen or permanent resident.

So, if someone takes the rule literally, you cannot claim partner's point because you don't share the same list. However, there can be a different perspective, which is my favorite.

Till last year, occupation lists were divided into 2 groups - SOL (for 189) and CSOL (for 190), and all the occupations in SOL were included in CSOL. So, the definition was straight forward - if someone applied in 190 with his occupation in SOL, it was enough for his partner to be in either of the lists to claim 5 extra points (simply because SOL was included in CSOL and 190 required the occupation to be in CSOL, so in any case both would share the same list, at least CSOL). However, if someone applied in 189 (where the occupation had to be in SOL), his/her partner needed to be in SOL (to claim the extra 5 points).

This year, the way the lists are organized is slightly changed. In the new definition, MLTSSL is equivalent to SOL, and STSOL is equivalent to CSOL. However, this time STSOL no longer includes MLTSSL (e.g. they are exclusive), rather it is defined such that someone in MLTSSL can apply in both subclasses 189/190 whereas someone in STSOL can apply in subclass 190 only.

If you compare the two scenarios, the end result is same. Someone in SOL/MTLSSL could/can apply in 189/190 and someone ONLY in CSOL/STSOL could/can apply ONLY in 190. But due to the exclusiveness of the lists, the above bold criteria becomes a problem to claim partner's point.

Based on the long story above, I believe you CAN still claim partner's point if you are applying in 190, DIBP just needs to update the rule to reflect the new arrangement of the skills. This is just my thinking though, the change can be intentional from DIBP in which case you can't claim that point.

If I don't get invite sooner, will ACS reissue an assessment after 2 yrs (with 8yrs), so that I can claim higher points for 8 yrs of experience?

As long as your assessment remains valid and you continue in the same job, you do not need another assessment and can claim those 2 years based on the current assessment letter.

 

[Prasad Borwankar]

Thanks for the response @MysticRiver .
The occupation code of Marketing Specialist which falls in STSOL is currently available only in Tasmania and no other states are accepting invites. While, my application for ICT Business Analyst which falls in MTLSSL under 190 is for NSW and VIC.
If I claim my spouse's assessment points, will NSW or VIC consider my additional points even though the occupation code for which I claim additional points does not fall in their valid list of occupations?

 

[MysticRiver]

The partner's point is a DIBP rule, not a state rule. So, if my above assumption holds, it should not be a matter if the occupation is not in any state-specific list.

 

[Prasad Borwankar]

That sorts out a lot of things, thanks a ton @MysticRiver .
If I claim my partner's points and if I get an invite from NSW or VIC, I hope/wish there should not be a problem because of this rule. Otherwise, my EOI would become invalid.

 

[MysticRiver]

Yes, that's the reason you should be a little bit careful while making any point claim. I just gave my opinion. In my opinion, state list should not be your headache, but there is a slim chance that the "same list" criteria can be.

 

[Prasad Borwankar]

By any chance, would it be helpful if I write to DIBP or any of the states regarding this to get clarity?

 

[MysticRiver]

By any chance, would it be helpful if I write to DIBP or any of the states regarding this to get clarity?

Of course, you should.

 

[Karan]

By any chance, would it be helpful if I write to DIBP or any of the states regarding this to get clarity?

I am exactly in the same boat with the same codes. Please share if you get any clarity.

 

[Prasad Borwankar]

Does anyone know the email I'd of DIBP? I couldn't find it on their website.

 

[MysticRiver]

Use their "contact us" page.

 

[Yani1127]

Hey did you get an answer to your question? I am on the same page. I am a Software Tester (STSOL) and my partner is ICT Business Analyst (MLTSSL) and I claimed for partner points in EOI and is already invited to apply for state nomination in VIC? Hopefully you got an answer to this.

 

[MysticRiver]

I have my doubt for your case. @Prasad Borwankar has the opppsite scenario, e.g. his slill was in MLTSSL and partner's in STSOL which I belive is okay, as explained above.

Anyway, better to clarify with DIBP. And yes, @Prasad Borwankar, did you get a reply from DIBP?

 

[Dpz Thapa]

Hi

Same situation.... I am in MLTSSL LIST and my wife is STSOL LIST. She did skilled assessment 3years ago and now has already expired. Can I still claim 5 points for NSW STATE?

 

[MysticRiver]

I am in MLTSSL LIST and my wife is STSOL LIST.

We are discussing this here, read past few posts. My personal opinion is, if your wife is eligible to be the primary applicant in your subclass based on DIBP's criteria (don't need to consider state-specific criteria), you can claim partner's skill point, otherwise not.

now has already expired.

She need to have a valid assessment, so a reassessment will be required.

 

[Prasad Borwankar]

Hi All,

I haven't received any response from DIBP yet.

 

[Dpz Thapa]

Hi All,

I haven't received any response from DIBP yet.

Hi,
How did you contact DIBP for this matter? I would like to ask them about this situation.

 

[Karan]

Hi All,

I haven't received any response from DIBP yet.

Hi

Were you able to get any clarity?

 

[Karan]

Guys, Please refer this Link - https://www.legislation.gov.au/Details/F2017L00850

Table 6 and Row 3 - Can this be taken as a clarification that under 190 you can claim partner points if one is under STSOL and another under MLTSSL? Point (b) in this row mentions partners.

Please suggest.

 

[MysticRiver]

I always find it difficult to translate any legislative language, lolz. Let see what other people think.