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VIC Partner Skills - 190 MLTSSL and STSOL

nosepicker

Wanderer
Messages
15
Points
3
MSA
2017-11-27
Skill
261312
SC
190
Point
65
EOI
2018-01-28
Hello everyone,

I am in doubt whether I can or cannot claim points for Partner Skills - Visa 190.
My ANZSCO Code: 261312 (Developer Programmer) [MLTSSL]
Partner's ANZSCO Code: 232411 (Graphic Designer) [STSOL]

Both are in the CSOL (Combined Skilled Occupations List)
https://www.homeaffairs.gov.au/trav...illed-occupations-lists/combined-stsol-mltssl

So far I have spoken to two registered migration agents, both have given me different answers.
One said yes, as we are both on the CSOL; the other no, MLTSSL vs STSOL.

In addition to that, I have called DoHA (DIBP) but they also did not give me a concrete answer (unbelievable!).
The person that I have spoken to on the phone said that it seems that I can.

Could someone shed some light, please?
Someone that has applied/granted would be great!

Thank you very much in advance!

Cheers,
@nosepicker
 

Dileep

Moderator
Staff member
Messages
1,887
Points
113
MSA
2017-04-27
Skill
233512
SC
189
Point
75
EOI
2017-12-29
Inv.
2018-01-03
App.
2018-01-16
CO
2018-06-26
PCC
2017-12-13
HC
2018-01-21
Grant
2018-09-18
IED
2018-12-10
You should check whether the occupations are listed in the State's list, which you are intending to apply. If both are there on the list, then you can claim the points.
The links for the state websites are :
NSW : https://www.industry.nsw.gov.au/
SA : http://www.migration.sa.gov.au/
VIC : https://liveinmelbourne.vic.gov.au/
WA : http://www.migration.wa.gov.au/
NT : http://www.australiasnorthernterritory.com.au/
QLD : https://migration.qld.gov.au/
ACT : http://www.canberrayourfuture.com.au/
TAS : https://www.migration.tas.gov.au/
 
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Reactions: nosepicker
MSA
2017-04-27
Skill
233512
SC
189
Point
75
EOI
2017-12-29
Inv.
2018-01-03
App.
2018-01-16
CO
2018-06-26
PCC
2017-12-13
HC
2018-01-21
Grant
2018-09-18
IED
2018-12-10

MysticRiver

Administrator
Staff member
Messages
14,980
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113
This is not clearly defined in the books, but in my opinion, you can claim it for 190, but not for 189.
 

nosepicker

Wanderer
Messages
15
Points
3
MSA
2017-11-27
Skill
261312
SC
190
Point
65
EOI
2018-01-28
You should check whether the occupations are listed in the State's list, which you are intending to apply.
If both are there on the list, then you can claim the points.
Interesting, I thought that the State's list was only applicable to the main applicant, as it's the main "talent" that they are nominating.
Also, in addition to that, our intention is to apply for VIC; as per marked on the post.

This is not clearly defined in the books, but in my opinion, you can claim it for 190, but not for 189.
I share your opinion, as we both are on the combined list for "190", see below:
CSOL.png


I will call DoHA (DIBP) today and try and get more clarity on the subject.
Thank you very much for your input.
 

nosepicker

Wanderer
Messages
15
Points
3
MSA
2017-11-27
Skill
261312
SC
190
Point
65
EOI
2018-01-28
I have called the DoHA (DIBP) today, and after +2 hours waiting on the phone I got my answers.

Independent of the visa number (189 / 190 / 489 / etc) it is specified on their page the following:
"Your partner’s nominated skilled occupation must be on the same skilled occupations list as your nominated skilled occupation."
https://www.homeaffairs.gov.au/visas/supporting/Pages/skilled/partner-skills-documents.aspx

The "occupations list" are: MLTSSL / STSOL / ROL.
Both partners have to be on the same list.

Examples:
Main applicant: MLTSSL
Partner: MLTSS
Result: +5 points

Main applicant: MLTSSL
Partner: STSOL or ROL
Result: +0 points (Cannot Claim Points)

"I am on the MLTSSL and my partner is on the STSOL and I was able to claim points on my EOI."
SkillSelect will indeed allow you to claim these points without any warnings messages.
However, when you get assigned a case officer these +5 points will be deducted from your application.

Cheers,
@nosepicker
 

MysticRiver

Administrator
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14,980
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113
However, when you get assigned a case officer these +5 points will be deducted from your application.
This particular statement does not make any sense. If you are invited and lodged your application (the is the universal case at the point when a CO is assigned), what is the point of deducting 5 points? You already got your invitation based on a wrong claim (if it was wrong), hence it should void your invitation (5 points difference would push your invitation for months, even years).

So, either CO would reject your application due to wrong point claim, or go forward with the application. There is no point of "deducting" points.
 

openSky001

Wanderer
Messages
8
Points
3
MSA
2017-07-07
Skill
261313
SC
189/190
Point
65/70
EOI
2017-11-07
I had the similar question and posted my question on DIBP facebook post, please refer to the below response. In Summary no I can't claim 5 points.




Claim partner 5 points for 190 NSW, her profile Project Manager (ICT)

Hi ,
I need some suggestion. Currently, I have submitted my EOI 189 (65) and EOI 190 (65+5 s/s waiting for NSW invitation) on 6 Nov 2017 as a (261313: Software Engineer)

Meanwhile, my wife's company is working to move her to Sydney HQ on (457 /TSS application is already logged on 7 Feb 2018 still waiting ) with her current profile matches to ICT Project Manager (135112 in STSOL ).

My question is, can I claim 5 partner points against her ICT Project Manager profile for my 190 NSW ?

The reason I'm asking because my occupation is in MLTSSL and her occupation is in STSOL.

Thanks for reading the long post.



Department of Home Affairs:

In order to be awarded points (Subclass 190 visa) for the "partner skills" your partner must have an occupation that is on the same skilled occupations list as your nominated occupation.

If your and your partner's skilled occupations are on the separate skilled lists, you will not be eligible for these (Partner skills) points.

All the best!
 

MysticRiver

Administrator
Staff member
Messages
14,980
Points
113
Yes, that's the common reply from DHA/DIBP telephone/FB operators (note, most likely they are not immigration experts, so I won't be surprised if they are wrong), also noted here
https://www.migrationdesk.com/threa...-stsol-whereas-mine-is-in-mltssl.42633/page-2


However, I am still not totally convinced due to the reason I explained here:
https://www.migrationdesk.com/threa...l-whereas-mine-is-in-mltssl.42633/#post-52892

Also, apparently someone reported that there is such precedence (though can't be verified because he's not a member here)
https://www.migrationdesk.com/threa...lls-points-after-march-2018.44136/#post-73511
 

Dileep

Moderator
Staff member
Messages
1,887
Points
113
MSA
2017-04-27
Skill
233512
SC
189
Point
75
EOI
2017-12-29
Inv.
2018-01-03
App.
2018-01-16
CO
2018-06-26
PCC
2017-12-13
HC
2018-01-21
Grant
2018-09-18
IED
2018-12-10
Also, in addition to that, our intention is to apply for VIC; as per marked on the post.
I still believe there could be some sort of hindrances to your intentions to apply for 190 VIC. Here is the Visa Nomination Occupation List for Victoria. The state follows this list primarily, and it does have your occupation enlisted (Developer Programmer) whereas your partner's occupation (Graphic Designer) is not listed. As far as I've seen here on MD, people were able to claim points for partner skills, while submitting for 190 of a specific state, was only if both of their occupations were on the State Occupation List (SOL).

I share your opinion, as we both are on the combined list for "190", see below:
I agree that the CSOL contains 190 against both the occupations, but what they omitted from the list was which all were the states giving nominations for the occupation codes! It could be like VIC was nominating for job A, and NSW was nominating job B.

You better make sure of it once again, for if that's the case, your EOI could get rejected for improper claims.
@MysticRiver any further thoughts?
 
MSA
2017-04-27
Skill
233512
SC
189
Point
75
EOI
2017-12-29
Inv.
2018-01-03
App.
2018-01-16
CO
2018-06-26
PCC
2017-12-13
HC
2018-01-21
Grant
2018-09-18
IED
2018-12-10

MysticRiver

Administrator
Staff member
Messages
14,980
Points
113

Dileep

Moderator
Staff member
Messages
1,887
Points
113
MSA
2017-04-27
Skill
233512
SC
189
Point
75
EOI
2017-12-29
Inv.
2018-01-03
App.
2018-01-16
CO
2018-06-26
PCC
2017-12-13
HC
2018-01-21
Grant
2018-09-18
IED
2018-12-10
That nails it I guess. So, for an applicant to get partner points for 190, both their jobs must be on the preferred state's SOL; and in the case of 189, both of them should be on the MLTSSL.

CSOL doesn't matter here, since it is a mixture of all the occupation lists, namely the MLTSSL and the SOLs of all the states and the supplementary SOL as well (as in the case of SA)
 
MSA
2017-04-27
Skill
233512
SC
189
Point
75
EOI
2017-12-29
Inv.
2018-01-03
App.
2018-01-16
CO
2018-06-26
PCC
2017-12-13
HC
2018-01-21
Grant
2018-09-18
IED
2018-12-10

Abhilash83

Wanderer
Messages
48
Points
8
MSA
2018-07-19
Skill
261111
SC
189,190
Point
70+5
EOI
2018-08-09
Yes, that's the common reply from DHA/DIBP telephone/FB operators (note, most likely they are not immigration experts, so I won't be surprised if they are wrong), also noted here
https://www.migrationdesk.com/threa...-stsol-whereas-mine-is-in-mltssl.42633/page-2


However, I am still not totally convinced due to the reason I explained here:
https://www.migrationdesk.com/threa...l-whereas-mine-is-in-mltssl.42633/#post-52892

Also, apparently someone reported that there is such precedence (though can't be verified because he's not a member here)
https://www.migrationdesk.com/threa...lls-points-after-march-2018.44136/#post-73511
I and my spouse are on the same list as we both are ICT BA and she has 8 years experience and as she has done her engg. in EEE, we have to go through RPL route. Since, owing to RPL , ACS will deduct 8 years , she will get zero points . Can i still claim 5 points for partner skills as we have done skill assessment ! ?
 

Dileep

Moderator
Staff member
Messages
1,887
Points
113
MSA
2017-04-27
Skill
233512
SC
189
Point
75
EOI
2017-12-29
Inv.
2018-01-03
App.
2018-01-16
CO
2018-06-26
PCC
2017-12-13
HC
2018-01-21
Grant
2018-09-18
IED
2018-12-10
Can i still claim 5 points for partner skills as we have done skill assessment ! ?
If she gets positive outcome, then of course yes you can claim 5 points.
 
MSA
2017-04-27
Skill
233512
SC
189
Point
75
EOI
2017-12-29
Inv.
2018-01-03
App.
2018-01-16
CO
2018-06-26
PCC
2017-12-13
HC
2018-01-21
Grant
2018-09-18
IED
2018-12-10

SJR

Collaborator
Entitled Member
Messages
596
Points
43
MSA
2018-05-09
Skill
261111
SC
189 /190
Point
65 / 70
EOI
2018-06-21
Since, owing to RPL , ACS will deduct 8 years.....
When applying via the RPL route for ACS Skills Assessment, ACS will deduct 6 years from your spouse's experience if she has a degree that they determine has 'insufficient ICT content'.
Only if they do not recognise the degree at all, will they deduct 8 years
 

pravincv

Wanderer
Messages
8
Points
3
MSA
2018-04-13
Skill
261111
SC
190(NSW)
Point
70+5
EOI
2018-04-30
Yes, that's the common reply from DHA/DIBP telephone/FB operators (note, most likely they are not immigration experts, so I won't be surprised if they are wrong), also noted here
https://www.migrationdesk.com/threa...-stsol-whereas-mine-is-in-mltssl.42633/page-2


However, I am still not totally convinced due to the reason I explained here:
https://www.migrationdesk.com/threa...l-whereas-mine-is-in-mltssl.42633/#post-52892

Also, apparently someone reported that there is such precedence (though can't be verified because he's not a member here)
https://www.migrationdesk.com/threa...lls-points-after-march-2018.44136/#post-73511


Here's an example from expatforum where partner in STSOL HAS been nominated
expatforum.com/expats/australia-expat-forum-expats-living-australia/1426906-partner-skill-qualification-190-nsw.html#post14292946

Person is in MLTSSL, Wife in STSOL. not in NSW list. got invited and nominated by state. visa has been lodged by the person on May 18. are you saying that the state nominates without checking if partner points are invalid as per their SOL? whats the point of state nomination then?

The state wont invite the partner for sure, but for the DIBP, it is a national list . Frankly, the rules earlier were exactly the same, now MLTSSL and STSOL are the new names of the old SOL and CSOL and it worked just fine then. Same rules still apply. 190 was always a combo list. if you look at 190, clearly your partner WONT get invited as primary applicant if not in their state occupation list
 

pravincv

Wanderer
Messages
8
Points
3
MSA
2018-04-13
Skill
261111
SC
190(NSW)
Point
70+5
EOI
2018-04-30
to continue above point:
For 189, you could never claim partner points in the past too if your partner was not in SOL (the new MLTSSL). So it is still status quo ante. nothing's changed except the names.
 

pravincv

Wanderer
Messages
8
Points
3
MSA
2018-04-13
Skill
261111
SC
190(NSW)
Point
70+5
EOI
2018-04-30
to
Here's an example from expatforum where partner in STSOL HAS been nominated
expatforum.com/expats/australia-expat-forum-expats-living-australia/1426906-partner-skill-qualification-190-nsw.html#post14292946

Person is in MLTSSL, Wife in STSOL. not in NSW list. got invited and nominated by state. visa has been lodged by the person on May 18. are you saying that the state nominates without checking if partner points are invalid as per their SOL? whats the point of state nomination then?

The state wont invite the partner for sure, but for the DIBP, it is a national list . Frankly, the rules earlier were exactly the same, now MLTSSL and STSOL are the new names of the old SOL and CSOL and it worked just fine then. Same rules still apply. 190 was always a combo list. if you look at 190, clearly your partner WONT get invited as primary applicant if not in their state occupation list

correction to above: in the past, there was a SOL, it now corresponds to MLTSSL. the 189 visa applicants always fell under this category -partner included
the list for 190 was the CSOL - which is a **combination** of what is today STSOL and MLTSSL. there was always this difference between these visas. the only change in 2017 being that STSOL and MLTSSL are now explicitly named so (probably because the temporary visa 482 now has a requirement to separate them so).
the states have their own SOL - which is again a combination of skills they feel are relevant. most of them are MLTSSL but some of them are STSOL. but that is used to determine WHOM they invite. not if you can apply. you can apply all you want, but unless they want people from stream 2, its not going to happen.

a valid application only requires valid points. an invitation on the other hand requires being on the state SOL. You can have a valid application without ever getting invited if you dont meet required criteria. partner points go towards the "total points" criterion. its the primary applicant's jobcode which determine if the invitation will arrive at all
 

MysticRiver

Administrator
Staff member
Messages
14,980
Points
113
Here's an example from expatforum where partner in STSOL HAS been nominated
expatforum.com/expats/australia-expat-forum-expats-living-australia/1426906-partner-skill-qualification-190-nsw.html#post14292946

Person is in MLTSSL, Wife in STSOL. not in NSW list. got invited and nominated by state. visa has been lodged by the person on May 18. are you saying that the state nominates without checking if partner points are invalid as per their SOL? whats the point of state nomination then?

The state wont invite the partner for sure, but for the DIBP, it is a national list . Frankly, the rules earlier were exactly the same, now MLTSSL and STSOL are the new names of the old SOL and CSOL and it worked just fine then. Same rules still apply. 190 was always a combo list. if you look at 190, clearly your partner WONT get invited as primary applicant if not in their state occupation list
Frankly, I don't understand what is your objection about my comment. You are telling the exactly same thing that I tried to make, e.g. for 190, it is okay if the applicant is in MLTSSL and the partner is in STSOL in my understanding.
https://www.migrationdesk.com/threa...l-whereas-mine-is-in-mltssl.42633/#post-52892

are you saying that the state nominates without checking if partner points are invalid as per their SOL?
I also never told this though it will not be impossible as the partner point is a DHA thing and DHA will verify this anyway later.
 
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