The new partner points law due to come into affect on the 16th November regarding your spouses English ability is yet another White Australia Policy racist piece of legislation.
If your spouse is from the UK, Canada, USA, NZ or Ireland they will help you get another 5 points under the GSM points schedule 6D but if your spouse is from another country with less than Competent English then you get no extra points.
The government justifies these new rules saying this will benefit the economy by having spouses who can actively participate in the labour force. Really! So, stay at home mums or dad’s are not equally valued?
In this office we abhor racism and discrimination so to assist the international community we are going to point out some facts for you to carefully consider.
WHAT IF I SEPARATE FROM MY SPOUSE BEFORE I LODGE MY EXPRESSION OF INTEREST (EOI)?
Keep in mind Partner Points can only be assessed at the Time Of Invitation (TOI). That means the time you received your invitation by DOHA by email that you Invites you lodge your visa application. No matter what changes after TOI, this cannot be taken into consideration when granting points under Schedule 6D.
If you are separated from your spouse at the time of TOI, then you will be granted 10 points instead of 0 points because because your estranged partner is no longer considered a Member of Family (MOF) unit. If you are separated you must tick the separated box on the EOI online form. If you separate after lodging the EOI you may simply amend the EOI at anytime. If you reconcile with your spouse after the TOI, you may then add them as a dependent. You may add them as dependant when you lodge the visa application (you have 60 days to do so) or before the final decision is made to grant the visa. Either way this will not stop you from being granted 10 points for at the TOI you were eligible for 10 points. If you reconcile after the visa grant then you will need to apply for an expensive (about $7000) Partner Application
Your points cannot be altered after TOI.
ARE PLANNING TO GET MARRIED?
You may consider not to marry someone before TOI unless they have a positive skill assessment and competent English. It is fine to get married after TOI but before the visa is granted so you can then add them to your application. If you marry after the visa is granted you will have to apply for a Partner Visa application.
What if I am in a defacto relationship?
If the Relationship Certificate is signed after TOI then they may not be considered a MOF at the TOI. You will be granted 10 points.
Im sure many potential visa applicants who will be discriminated against because they have a partner who does not have competent English will find this information interesting.