# Spouse addition after EOI and before lodging visa application post



## sabahaque13 (Aug 14, 2019)

I am currently single/unmarried and in the process of filing my EOI.

- If I get my invitation as a single applicant and before lodging my visa application my marital status changes to married, will I need skills assessment of my spouse or English proficiency proof?

- Considering the EOI was made as a single applicant and the application lodging is as a married applicant, what will be the effect here in terms of points/documentation or otherwise according to new rules in effect form 16/11/2019? Kindly advise.


(Above situation is considering the points changes happening 16th November onwards.)

Members kindly advise ....any inputs are welcome. 

Thanks in advance!


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## NB (Mar 29, 2017)

sabahaque13 said:


> I am currently single/unmarried and in the process of filing my EOI.
> 
> - If I get my invitation as a single applicant and before lodging my visa application my marital status changes to married, will I need skills assessment of my spouse or English proficiency proof?
> 
> ...


You cannot barter points
You have to prove each and very point that you claimed on the date of invite
So if you claimed you were single, you will have to remain single till you get the grant

Cheers


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## sabahaque13 (Aug 14, 2019)

NB said:


> You cannot barter points
> You have to prove each and very point that you claimed on the date of invite
> So if you claimed you were single, you will have to remain single till you get the grant
> 
> Cheers


Makes sense now I was getting quite confused. Thanks for the valuable input. Greatly appreciated.


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## aussie_lover (Feb 6, 2018)

sabahaque13 said:


> Makes sense now I was getting quite confused. Thanks for the valuable input. Greatly appreciated.


AFAIK, you should only meet your requirements at the date of invite.

So,

1. EOI - Remain single
2. At the date of invite - Remain single
3. From date of invite till grant / reject - Can get married

Age, experience, qualifications, english language all follow the above rule right?
ie you should meet the points at the time of invite.

For example, say if the application takes more than say 18-36 months to be decided, it is inhumane to expect anyone not to get married just for the sake of application.

When you lodge an application, you only legally claim to the best of your knowledge what you currently ARE, you don't guarantee what will happen after lodge. Its not legal to expect someone to remain single until they decide on application.

Please correct me if am wrong. Its only my personal opinion based on other point categories and their requirements. Seems logical too.


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## winterapril (Jan 15, 2019)

aussie_lover said:


> AFAIK, you should only meet your requirements at the date of invite.
> 
> So,
> 
> ...


Strongly seconded.


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## etadaking (Jun 18, 2019)

aussie_lover said:


> AFAIK, you should only meet your requirements at the date of invite.
> 
> So,
> 
> ...


FYI, Condition 8515 “Must not marry or enter into a de facto relationship before entering Australia” is a discretionary condition, but is generally attached to permanent visas of holders who are of marriageable age but not married, so please check your visa grant notice to see if this is relevant to you. Now this visa condition seems harsh. After all, it can be difficult to control matters of the heart. It doesn’t literally mean that you cannot have a relationship at all, but depending on how the visa holder with Condition 8514 attached obtained their visa, they may have their visa cancelled, or may need to reapply for a visa to include their partner.


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## PrettyIsotonic (Nov 30, 2016)

aussie_lover said:


> AFAIK, you should only meet your requirements at the date of invite.
> 
> So,
> 
> ...





etadaking said:


> FYI, Condition 8515 “Must not marry or enter into a de facto relationship before entering Australia” is a discretionary condition, but is generally attached to permanent visas of holders who are of marriageable age but not married, so please check your visa grant notice to see if this is relevant to you. Now this visa condition seems harsh. After all, it can be difficult to control matters of the heart. It doesn’t literally mean that you cannot have a relationship at all, but depending on how the visa holder with Condition 8514 attached obtained their visa, they may have their visa cancelled, or may need to reapply for a visa to include their partner.


Not commenting on the legality of it - but this is what ISCAH has to say - they addressed this issue in one of their newsletters here: https://www.iscah.com/wp_files/wp-co...letter_256.pdf

_"DHA have confirmed that if you are invited to lodge a 189 application under the new points test (so invitedafter 16/11/2019) and you are SINGLE .. then later want to add a partner to the application, you will not be able to claim 10 points for being single if the case officer has not yet assessed your points.

This official points assessment is not made usually under law until just before a visa is granted, and so effectively you cannot add a partner to a 189 in these circumstances during processing without risking losing those 10 points.

If that means you would not have got an invite under that lower score then you will be refused your 189 visa.

NOTE THIS IS ALSO IF YOU GET MARRIED and do NOT add your partner to the 189/190/491 application. You will still lose your 10 points for being single if DHA have not yet assessed your points (which only happens just before visa grant"_

I think the last paragraph is what is most relevant to your situation.

On the surface it seems if you want to make a combined application with your wife-to-be for 189 you will have to create an EOI after you get married (to ensure you do not claim 10 points for being single), or you apply for a partner visa after the 189 visa is granted. 

Basically what NB surmised above.


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## aussie_lover (Feb 6, 2018)

Dear o dear, makes sense now, but how pathetic.
I see why they are doing it, just to stop people adding spouses after they got invite, which means they'd lose money on spousal visa fees. 
But man, look at the waiting times, and think about people who genuinely find a soul partner after they applied. Surely they can come up with a better policy to stop this, like, singles can get married after invite but in future make a separate application for spouses etc. Anyways its one of those ruthless policies like the aged parent visa with a waiting time of 30+ years.


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## sabahaque13 (Aug 14, 2019)

Thanks a ton, everybody for your responses.

I came across this ISCAH newsletter after posting this query and was quite disheartened.
Obviously it is not correct to expect a person not to marry, until the visa grant process.

I think until now it was okay because there were no extra points for being single but since this clause is added from the 16th November, there's confusion.

I guess DHA has probably not finalized the different combinations of cases and the best thing would be to wait a bit before filing my EOI and hopefully DHA will publish some official information by 16th.


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## Raj7 (Nov 5, 2019)

Hi , I am married but I am not applying for spouse. Do I still need to produce marriage certificate?


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## NB (Mar 29, 2017)

Raj7 said:


> Hi , I am married but I am not applying for spouse. Do I still need to produce marriage certificate?


Most probably will be required 
The spouse will need to get medical clearance and pcc also
Cheers


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## Raj7 (Nov 5, 2019)

Thanks. I am living in Australia and I don’t have marriage certificate at the moment. I am applying for PR for myself only. Do I still need to provide marriage certificate?


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## NB (Mar 29, 2017)

Raj7 said:


> Thanks. I am living in Australia and I don’t have marriage certificate at the moment. I am applying for PR for myself only. Do I still need to provide marriage certificate?


As you are not including your spouse, you may not upload the marriage certificate 
But Will your wife get the pcc and MEdicals done ?

Cheers


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## Raj7 (Nov 5, 2019)

Thanks NB. I am not including my wife at the moment. So she won’t get PCC or anything. Is it mandatory if she not included in the application itself ? Her name will not be included/mentioned anywhere in the application. And would I still need to provide marriage certificate later ?


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## Raj7 (Nov 5, 2019)

Sorry if my questions are not clear. I am applying for PR for myself only and not mentioning any dependents or spouse anywhere in my application. 1. Do I still need to provide marriage certificate now or later ? 2. Would my wife need to take health check or pcc even if I am not including in the application or mentioning anywhere in the application? Thanks


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## NB (Mar 29, 2017)

Raj7 said:


> Thanks NB. I am not including my wife at the moment. So she won’t get PCC or anything. Is it mandatory if she not included in the application itself ? Her name will not be included/mentioned anywhere in the application. And would I still need to provide marriage certificate later ?


You cannot hide that you are married as you have to declare your marriage status in the application 
If you show you are single, That will be a wrong declaration that will lead to cancellation of your grant even at a later date

The moment you show you are married, you will have to get the pcc and the Medicals clearance for her 

Cheers


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## Raj7 (Nov 5, 2019)

I am not hiding any information 🙂. I am not applying for my spouse at the moment and I don’t have marriage certificate with me at the moment. So am asking whether I can still apply without it ? Thanks


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## NB (Mar 29, 2017)

Raj7 said:


> I am not hiding any information 🙂. I am not applying for my spouse at the moment and I don’t have marriage certificate with me at the moment. So am asking whether I can still apply without it ? Thanks


You can apply without the marriage certificate as you are not adding her 
But you have to get the pcc and medicals done for her 
If it cannot be done for any reason whatsoever, your application will also be rejected

Cheers


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## Raj7 (Nov 5, 2019)

Ok sure, thanks a lot for the information NB.


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## Rahul_AUS (Jul 27, 2017)

So it is officially confirmed that Singles cannot include partner to their applicant if they get married after the EOI invitation.

Partner point is assessed at the point of Grant not at the point of invitation.

https://www.iscah.com/wp_files/wp-content/uploads/2019/11/Skilled-Visa-Newsletter-November-2019.pdf


Sent from my iPhone using Tapatalk


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